An Act to facilitate the subdivision and development of land with shared property; and for other purposes.
This Act is the Community Land Development Act 2021.
This Act commences on a day or days to be appointed by proclamation.
The object of this Act is to facilitate the subdivision of land into parcels for separate development or disposition—
(a) with a common or shared property interest in associated land, and
(b) in conjunction with the development of another parcel or parcels.
The Dictionary to this Act defines certain terms used in this Act.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
This Act is to be interpreted as part of the Real Property Act 1900 but, if there is an inconsistency between them, this Act prevails.
For the purposes of this Act, land is contiguous even if it is divided by, or separated from other land by a natural feature, railway, public road, public reserve or drainage reserve.
A reference in this Act to any of the following approvals, contracts or statements includes a reference to the approval, contract or statement as modified or amended from time to time in accordance with this or any other Act—
(a) a planning approval,
(b) a development contract,
(c) a community management statement,
(d) a precinct management statement,
(e) a neighbourhood management statement.
Notes included in this Act do not form part of this Act.
In this Act,
(a) the subdivision of land by a community plan, and
(b) the subdivision of land in the community plan by a precinct plan, and
(c) the subdivision of land in the community plan or precinct plan by a neighbourhood plan or strata plan, and
(d) the proposals in any related development contract, and
(e) the rights conferred, and the obligations imposed, by or under this Act, the Community Land Management Act 2021, Strata Schemes Development Act 2015 and Strata Schemes Management Act 2015 in relation to the following—
(i) the community association,
(ii) the community property,
(iii) subsidiary schemes,
(iv) persons having interests in, or occupying, development lots and lots in subsidiary schemes.
In this Act,
(a) the subdivision of land by a precinct plan, and
(b) the subdivision of land in the precinct plan by a neighbourhood plan or strata plan, and
(c) the proposals in any related development contract, and
(d) the rights conferred, and the obligations imposed, by or under this Act, the Community Land Management Act 2021, Strata Schemes Development Act 2015 and Strata Schemes Management Act 2015 in relation to the following—
(i) the precinct association,
(ii) the precinct property,
(iii) subsidiary schemes,
(iv) persons having interests in, or occupying, development lots and lots in subsidiary schemes.