Conveyancing Act 1919 Regulation relating to the commencement of the Community Land Development Act 1989 (1990-408) [GG No 82 of 29.6.1990] (NSW)

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1990 - NO. 408

CONVEYANCING ACT 1919 - REGULATION

(Relating to the commencement of the Community

Land Development Act 1989)

NEW SOUTH WALES

[Published in Gazette No. 82 of 29 June 1990]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Conveyancing Act 1919, has been pleased to make the Regulation set forth hereunder.

I. R. CAUSLEY

Minister for Natural Resources.

Commencement

1. This Regulation commences on 1 August 1990.

Amendments

2. The Conveyancing (Vendor Disclosure and Warranty) Regulation

1986 is amended:

(a) by omitting from the end of clause 4 (1) (h) the word “and”;
(b) by inserting after clause 4 (1) (i) the following paragraphs:

(i) where the contract relates to land that comprises or includes a lot which forms part of a community scheme as defined in the Community Land Development Act 1989:

(i)

a copy of the folio of the Register or an original or a copy of a computer folio certificate for the lot and community property and

1990 - No. 408

(ii)        a copy of the community plan incorporating the lot, including a copy of the community management statement and any community development contract;

(k)

where the contract relates to land that comprises or includes a lot which forms part of a precinct scheme as defined in the Community Land Development Act 1989:

(i)

a copy of the folio of the Register or an original or a copy of a computer folio certificate for the lot and precinct property; and

(ii)

a copy of the precinct plan incorporating the lot, including a copy of the precinct management statement and any precinct development contract; and

(iii)

a copy of the community plan incorporating the precinct scheme to which the lot relates, including a copy of the community management statement and any community development contract;

(1) where the contract relates to land that comprises or includes

a lot which forms part of a neighbourhood scheme as defined

in the Community Land Development Act 1989:

(i)         a copy of the folio of the Register or an original or a copy of a computer folio certificate for the lot and neighbourhood property; and

(ii)        a copy of the neighbourhood plan incorporating the lot, including a copy of the neighbourhood management statement and development contract; and

(iii)       if the neighbourhood scheme in which the lot is situated is within a community scheme, a copy of the related community plan and, if applicable, the precinct management statement and any community or precinct development contract; and

(m) where

the contract relates to land that comprises or includes a lot (as defined in the Strata Titles Act 1973) that is within a community scheme (as defined in the Community Land Development Act 1989) then, in addition to the documents prescribed by paragraph (e), a copy of the related community plan and, if applicable, the related precinct plan, including a

1990 - NO. 408

copy of any community or precinct management statement

and any community or precinct development contract.

EXPLANATORY NOTE

The object of this Regulation is to expand the list of documents required to be disclosed to a purchaser by a vendor so as to require disclosure of documents that relate to subdivisions and other matters arising under the Community Land

Development Act 1989.

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