New South Wales Consolidated Acts New South Wales Consolidated ActsSections 12 and 62
In this Act--
"community management statement" means a statement registered with a
community plan as a statement of the by-laws and other particulars governing
participation in the community scheme.
"neighbourhood management statement" means a statement registered with a
neighbourhood plan as a statement of the by-laws and other particulars
governing participation in the neighbourhood scheme.
"precinct management statement" means a statement registered with a
precinct plan as a statement of the by-laws and other particulars governing
participation in the precinct scheme.
(1) A community management statement must--(a) be in the approved form, and(b) include the information prescribed by the regulations, and(c) include the approval of the planning authority.
(2) A community management statement must not be inconsistent with--(a) a development contract for the community scheme, or(b) an Act or law that, by the operation of section 112 of the Community Land Management Act 2021 , applies to any part of the community property set apart as an open access way.
(3) Despite subclause (2), if there is an inconsistency, the development contract, Act or law prevails.
A community management statement must include by-laws, plans and other particulars relating to the following--
(a) the location, control, management, use and maintenance of any part of the community property set apart as an open access way or a private access way,
(b) the control, management, use and maintenance of any other part of the community property, including any special facilities provided on the community property,
(c) the provision of, and payment for, internal fencing on the community parcel including any obligations of the community association or subsidiary bodies,
(d) the storage and collection of garbage on and from the community parcel and any related obligations of the community association or subsidiary bodies,
(e) the maintenance of water, sewerage, drainage, gas, electricity, telephone and other services,
(f) insurance of the community property.
(1) A precinct management statement must--(a) be in the approved form, and(b) include the information prescribed by the regulations, and(c) include the approval of the planning authority.
(2) A precinct management statement must not be inconsistent with--(a) a development contract for the precinct scheme, or(b) the management statement, or a development contract, for the community scheme of which the precinct scheme is part, or(c) an Act or law that, by the operation of section 112 of the Community Land Management Act 2021 , applies to any part of the precinct property set apart as an open access way.
(3) Despite subclause (2), if there is an inconsistency, the development contract, community management statement, Act or law prevails.
(1) A precinct management statement must include by-laws, plans and other particulars relating to the following--(a) the location, control, management, use and maintenance of any part of the precinct property set apart as an open access way or a private access way,(b) the control, management, use and maintenance of any other part of the precinct property, including any special facilities provided on the precinct property,(c) the provision of, and payment for, internal fencing on the precinct parcel including any obligations of the precinct association or subsidiary bodies,(d) the storage and collection of garbage on and from the precinct parcel and any related obligations of the precinct association or subsidiary bodies,(e) the maintenance of water, sewerage, drainage, gas, electricity, telephone and other services,(f) insurance of the precinct property.
(2) A precinct management statement is not required to include anything already provided for by the community management statement.
(1) A neighbourhood management statement must--(a) be in the approved form, and(b) include the information prescribed by the regulations, and(c) include the approval of the planning authority.
(2) A neighbourhood management statement must not be inconsistent with--(a) a development contract for the neighbourhood scheme, or(b) the management statement, or a development contract, for a community scheme or precinct scheme of which the neighbourhood scheme is part, or(c) an Act or law that, by the operation of section 112 of the Community Land Management Act 2021 , applies to any part of the neighbourhood property set apart as an open access way.
(3) Despite subclause (2), if there is an inconsistency, the development contract, community management statement, precinct management statement, Act or law prevails.
(1) A neighbourhood management statement must include by-laws, plans and other particulars relating to the following--(a) the location, control, management, use and maintenance of any part of the neighbourhood property set apart as an open access way or a private access way,(b) the control, management, use and maintenance of any other part of the neighbourhood property, including any special facilities provided on the neighbourhood property,(c) the provision of, and payment for, internal fencing on the neighbourhood parcel,(d) the storage and collection of garbage on and from the neighbourhood parcel,(e) the maintenance of water, sewerage, drainage, gas, electricity, telephone and other services,(f) insurance of the neighbourhood property.
(2) A neighbourhood management statement is not required to include anything already provided for by the community management statement or precinct management statement for a scheme under which the neighbourhood scheme is a subsidiary scheme.
(1) A management statement for a scheme may include by-laws and other particulars relating to any of the following--(a) the hanging of washing within the scheme parcel,(b) safety and security measures,(c) details of any restricted property,(d) the keeping of pets,(e) the obligation of the owner of a lot within the scheme not to interfere with the quiet enjoyment of another lot or the association property,(f) the control of unacceptable noise levels,(g) details of any business or trading activity to be carried on by the association and the method of distributing and sharing any profit or loss,(h) the control or preservation of the essence or theme of the development under the scheme,(i) architectural and landscaping guidelines to be observed by lot owners,(j) a diagram for the purpose of statutory easements,(k) any agreements entered into for the provision of services or recreational facilities,(l) a plan showing access ways within the scheme.
(2) This clause does not limit the matters that may be included in a management statement.
(1) A management statement may include a schedule specifying by-laws made at the request of public authorities.
(2) If a by-law made at the request of a public authority so provides, the by-law may not be amended or revoked without the consent of the public authority.
(3) Subclause (2) has effect despite any other provision of this Act or the Community Land Management Act 2021 .
(1) A management statement must not include any prohibition or restriction that--(a) affects the keeping on a lot of an animal used as an assistance animal by a person with a disability who is an owner or occupier of a lot, or(b) affects the use on a lot, or on association property, of an assistance animal by a person with a disability, or(c) unlawfully discriminates against a person, or(d) is based on socio-economic grouping, or(e) excludes public housing from a scheme.
(2) In this clause--
"assistance animal" has the same meaning as in the Companion Animals Act 1998 .
"disability" has the same meaning as in the Disability Inclusion Act 2014 .
A management statement restricting the use of association property must include--
(a) a description of the property, and
(b) details of the persons entitled to use the property, and
(c) the terms and conditions on which the persons may use the property, and
(d) particulars relating to access to the property and the provision and keeping of any necessary key, and
(e) particulars of the hours during which the property may be used, and
(f) provisions relating to the maintenance of the property, and
(g) matters relating to the determination, imposition and collection of levies on persons entitled to use the property.