NORFOLK ISLAND
COMMUNITY TITLE (CONSEQUENTIAL PROVISIONS) ACT 2015
KOMYUUNETI TAITL (CHIENJ) AEKT 2015
Act No. 2 of 2015
TABLE OF PROVISIONS
Section
- Short title
- Commencement
- Principal Act Schedule
NORFOLK ISLAND
COMMUNITY TITLE (CONSEQUENTIAL PROVISIONS) ACT 2015 KOMYUUNETI TAITL (CHIENJ) AEKT 2015
Act No. 2 of 2015
An Act consequential upon the making of the Community Title Act 2015, and for related purposes.
[Assented to 28 May 2015]
BE IT ENACTED by the Legislative Assembly of Norfolk Island as follows
- Short title
This Act may be cited as the Community Title (Consequential Provisions) Act 2015.
2. Commencement
This Act commences on the day of publication of notice of assent in the Gazette.
3. Schedule(s)
Each Act that is specified in the Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule.
Item
Absentee Landowners Levy Act 1976
- Section 2 (definitions)
Insert
Schedule
“ ‘parcel of land’ includes a lot, but does not include common property, under the
Community Title Act 2015;”.
Land Titles Act 1996
2. Subsection 3(1)
Insert
“ ‘community plan’, ‘community scheme development approval’ and ‘plan of community division’ have the same meanings as given by the Community Title Act 2015;”.
‘community division survey plan’ means a survey plan lodged with a community division application;”
3. Subsection 3(1) (definition of “parcel”)
Insert after (c)
“(ca) the registration of title under section 29 of the Community Title Act 2015
under a community plan; or”.
4. Section 51
Insert after “subdivision proposal” “or community plan”.
5. After section 51
Insert
“Division 6A — Plans of community division Notation of application for community division
51A. Where under section 21 of the Community Title Act 2015 the Registrar receives an application for division of the land by a plan of community division, the Registrar shall make a notation of that application on the Register in relation to the land referred to in the application.”
6. Paragraph 78(1)(b)
Insert after “subdivision proposal” “or community plan”.
7. Paragraph 80(1)(a)
Insert after “subdivision proposal” “or community plan”.
8. Paragraph 80(1)(a)
Insert after “subdivision survey plan” “or community division survey plan”.
9. Subsection 118(7)
Insert after “subdivision proposal” “or a community plan”.
Planning Act 2002
10. Section 6
Insert
“ ‘community division’ has the same meaning as in the Community Title Act 2015;”.
11. Section 6 (paragraph (d) of the definition of “development” of land)
Insert before “subdivision” “community division,”.
Notified Gazette No. 31, 19 June 2015.
Commenced on notification (19 June 2015). Printed on the authority of the Administrator.
© The Administration of Norfolk Island 2015
The Copyright Act 1968 of the Commonwealth of Australia permits certain reproduction and publication of this legislation. For reproduction or publication beyond that permitted by the Act, written permission must be sought from the Legal Services Unit, Administration of Norfolk Island, Norfolk Island, South Pacific 2899.
Overview
The Community Title (Consequential Provisions) Act 2015 was enacted by the Legislative Assembly of Norfolk Island to address the gaps and problems arising from the introduction of the Community Title Act 2015. This legislation ensures that other existing laws are updated to reflect the new community title system established by the Community Title Act 2015. The Act's primary objective is to harmonise and align the terminology and provisions of other relevant Acts with those in the new Community Title Act, thus avoiding inconsistencies and ensuring a seamless integration of the community title system into Norfolk Island's legislative framework. By making these consequential amendments, the Act aims to maintain the integrity and functionality of the existing legal system in light of the significant changes introduced by the Community Title Act 2015.
Scope and Application
The Norfolk Island Community Title (Consequential Provisions) Act 2015 is a legislative measure that aligns and modifies various Acts on Norfolk Island to accommodate the new provisions introduced by the Community Title Act 2015. The Act applies to the Absentee Landowners Levy Act 1976 and the Land Titles Act 1996, as well as the Planning Act 2002, making amendments to definitions and introducing new sections to reflect the changes brought about by the Community Title Act 2015. The Act ensures that terms such as "community plan," "community scheme development approval," and "plan of community division" are uniformly interpreted across these statutes, and it also introduces new procedures for the handling of community division applications. The Act commenced on the day of publication of notice of assent in the Gazette, specifically on 19 June 2015. This Act applies to all persons and entities dealing with land titles and community divisions on Norfolk Island, and it sets out the consequential amendments necessary to maintain consistency and coherence within the legal framework governing land management on the island.
Key Provisions
The Community Title (Consequential Provisions) Act 2015 (C2018Q00003) is an Act consequential upon the Community Title Act 2015, designed to ensure that other relevant Norfolk Island legislation aligns with the new community title framework established by the latter. The Act amends and repeals sections of various existing Acts to reflect the changes introduced by the Community Title Act 2015. Key provisions include the insertion of definitions and references to "community plan" and "community division" into the Absentee Landowners Levy Act 1976 and the Land Titles Act 1996 (sections 2, 3, 4, 5, and 9). Additionally, the Planning Act 2002 is amended to include a definition of "community division" and to adjust the definition of "development" to include "community division" (sections 10 and 11).
The Act imposes obligations on the parties and entities it governs, particularly those involved in land management and planning on Norfolk Island. For example, the amendments require the Registrar to make specific notations on the Register when an application for a division of land by a plan of community division is received (section 51A). The Act also requires that certain survey plans and development approvals be lodged and recorded accurately and in compliance with the new community title provisions. These changes necessitate that all stakeholders—such as landowners, developers, and surveyors—are aware of and comply with the updated legislative framework.
The Act does not explicitly state any offences, penalties, or civil/criminal consequences for breach within its text. However, given that it is a consequential Act, any failure to comply with the provisions of the Community Title Act 2015, which this Act amends, could lead to penalties under that primary legislation. The specific penalties for non-compliance would be detailed within the Community Title Act 2015 and would likely include fines, legal action, and potential enforcement measures to ensure adherence to the new community title requirements.