New South Wales Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Download]
[Help]
COMMUNITY LAND DEVELOPMENT ACT 2021 -
DICTIONARY
In this Act--
"acquisition plan" --see section 94.
"administration sheet" , in relation to a plan, means the separate document,
in the approved form, required to be lodged with the plan under section 195A
of the Conveyancing Act 1919 .
"approval of an association" , for Schedule 3--see Schedule 3, clause 1.
"approved form" means a form approved by the Registrar-General.
"association" means a community association, precinct association or
neighbourhood association.
"association property" --
(a) for a community scheme means the community
property in the scheme, or
(b) for a precinct scheme means the precinct
property in the scheme, or
(c) for a neighbourhood scheme means the
neighbourhood property in the scheme.
"association property plan" -- (a) for a community scheme means a community
property plan, or
(b) for a precinct scheme means a precinct property plan,
or
(c) for a neighbourhood scheme means a neighbourhood property plan.
"authorised proposal" --see section 45.
"boundary adjustment plan" means a plan registered as a boundary adjustment
plan.
"common property" , in relation to a strata scheme or a proposed strata
scheme, has the same meaning as in the Strata Schemes Development Act 2015 .
"community association" --see section 8.
"community development lot" means a lot in a community plan that is not any of
the following-- (a) community property,
(b) a public road, public reserve or
drainage reserve,
(c) subject to a subsidiary scheme,
(d) severed from the
community scheme.
"community management statement" --see Schedule 2, clause 1.
"community parcel" means land the subject of a community scheme.
"community plan" --see section 8.
"community plan of consolidation" means a plan registered as a community plan
of consolidation.
"community plan of subdivision" means a plan registered as a community plan of
subdivision.
"community property" means the lot shown in a community plan as community
property.
"community property plan" means the sheets of a community plan showing the
community property in the community scheme.
"community scheme" --see section 5.
"comparative market value" , for Schedule 3--see Schedule 3, clause 1.
"completed scheme" , for Schedule 3--see Schedule 3, clause 1.
"current plan" means a registered plan that is a current plan within the
meaning of the Conveyancing Act 1919 but is not any of the following under the
Strata Schemes Development Act 2015 -- (a) a strata plan,
(b) a strata plan
of subdivision,
(c) a strata plan of consolidation.
"detail plan" -- (a) for a community plan means a plan showing details of each
of the community development lots in the community scheme, or
(b) for a
precinct plan means a plan showing details of each of the precinct development
lots in the precinct scheme, or
(c) for a neighbourhood plan means a plan
showing details of each of the neighbourhood lots in the neighbourhood scheme,
whether or not any sheet includes land dedicated as a public road or a lot for
dedication as a public reserve or drainage reserve.
"developer" , in relation to a scheme, means-- (a) the original owner for the
scheme, or
(b) if there is a development contract in force, the registered
owner of a development lot who is permitted or compelled to carry out
development under the contract.
"development" has the same meaning as in the
Environmental Planning and Assessment Act 1979 .
"development concern" --see section 45.
"development contract" --see section 45.
"development lot" means a community development lot or precinct development
lot.
"drainage reserve" means land set aside as a drainage reserve under section 49
of the Local Government Act 1993 .
"folio" means a folio of the Register.
"former development lot" means a precinct parcel, neighbourhood parcel or
strata parcel that, immediately before it became subject to the
precinct scheme, neighbourhood scheme or strata scheme, was a development lot.
"function" includes a power, authority or duty, and
"exercise" a function includes perform a duty.
"initial period" has the same meaning as in the Community Land Management Act
2021 .
"land" means land held under the Real Property Act 1900 in fee simple, no part
of which is land in a qualified or limited folio and which comprises 1 or more
contiguous lots in a current plan.
"location plan" means a sheet of a scheme plan that-- (a) delineates the
location of the parcel in relation to natural and artificial features
including rivers, harbours, the ocean, roads and railways, and
(b) includes a
diagrammatic representation of the parcel and the lots in the plan, without
dimensions, and
(c) shows the distance of the parcel from the nearest
intersection of public roads.
"lodgment rules" means the lodgment rules made under the Real Property Act
1900 .
"lot" , for Part 5, Division 2--see section 32.
"management statement" means a community management statement, precinct
management statement or neighbourhood management statement.
"neighbourhood association" --see section 10.
"neighbourhood lot" means a lot in a neighbourhood plan that is not any of the
following-- (a) neighbourhood property,
(b) a public road, public reserve or
drainage reserve.
"neighbourhood management statement" --see Schedule 2, clause 1.
"neighbourhood parcel" means land the subject of a neighbourhood scheme.
"neighbourhood plan" --see section 10.
"neighbourhood plan of consolidation" means a plan registered as a
neighbourhood plan of consolidation.
"neighbourhood plan of subdivision" means a plan registered as a
neighbourhood plan of subdivision.
"neighbourhood property" means the lot shown in a neighbourhood plan as
neighbourhood property.
"neighbourhood property plan" means the sheets of a neighbourhood plan showing
the neighbourhood property in the neighbourhood scheme.
"neighbourhood scheme" --see section 7.
"notice of resumption" , for Part 10--see section 71.
"occupier" of a lot means a person in lawful occupation of the lot.
"open access way" means an open access way set apart under Part 6.
"original owner" of land means the person who held the fee simple in the land
when a scheme plan subdividing the land was registered.
"owner" of a development lot or a neighbourhood lot means-- (a) a person for
the time being recorded in the Register as being entitled to a fee simple in
the lot, or
(b) a person who has an interest in the lot entitling the person
to vote at a meeting of an association and who has given the association an
association interest notice in accordance with the
Community Land Management Act 2021 .
"planning approval" means-- (a) a development consent within the meaning of
the Environmental Planning and Assessment Act 1979 , or
(b) an approval
under Division 5.2 of that Act.
"planning authority" , for a planning approval, means the entity or person
authorised under the Environmental Planning and Assessment Act 1979 to grant
the approval.
"precinct association" --see section 9.
"precinct development lot" means a lot in a precinct plan that is not any of
the following-- (a) precinct property,
(b) a public road, public reserve or
drainage reserve,
(c) subject to a subsidiary scheme,
(d) severed from the
precinct scheme.
"precinct management statement" --see Schedule 2, clause 1.
"precinct parcel" means land the subject of a precinct scheme.
"precinct plan" --see section 9.
"precinct plan of consolidation" means a plan registered as a precinct plan of
consolidation.
"precinct plan of subdivision" means a plan registered as a precinct plan of
subdivision.
"precinct property" means the lot shown in a precinct plan as precinct
property.
"precinct property plan" means the sheets of a precinct plan showing the
precinct property in the precinct scheme.
"precinct scheme" --see section 6.
"prescribed diagram" --see section 32.
"private access way" means a private access way set apart under Part 6.
"public authority" includes-- (a) the council of a local government area, and
(b) a corporation prescribed by the regulations as a public authority.
"public place" and
"public reserve" have the same meanings as in the Local Government Act 1993 .
"public road" has the same meaning as in the Roads Act 1993 .
"qualified valuer" means a person who-- (a) has membership of the Australian
Valuers Institute (other than associate or student membership), or
(b) has
membership of the Australian Property Institute (other than student or
provisional membership), acquired in connection with his or her occupation as
a valuer, or
(c) has membership of the Royal Institution of Chartered
Surveyors as a chartered valuer, or
(d) is of a class prescribed by the
regulations.
"Register" means the Register kept under the Real Property Act 1900 .
"registered" means registered by the Registrar-General.
"registration" , for a plan under this Act, other than a strata plan, means
registration in accordance with Part 23, Division 3 of the Conveyancing Act
1919 .
"relevant interest" , for Part 4--see section 20.
"relevant interest" , for Part 5, Division 1--see section 29.
"restricted property" means-- (a) association property the use of which is
restricted by a management statement, or
(b) common property in a strata
scheme the use of which is restricted by the by-laws of the strata scheme.
"resume" , for Part 10--see section 71.
"resuming authority" , for Part 10--see section 71.
"resumption application" , for Part 10, Division 4--see section 81.
"schedule of unit entitlement" , for a strata scheme, means a schedule of unit
entitlement under the Strata Schemes Development Act 2015 .
"scheme" means a community scheme, precinct scheme, neighbourhood scheme or
strata scheme.
"scheme parcel" means a community parcel, precinct parcel or neighbourhood
parcel.
"scheme plan" means a community plan, precinct plan or neighbourhood plan.
"scheme plan of consolidation" means a community plan of consolidation,
precinct plan of consolidation or neighbourhood plan of consolidation.
"scheme plan of subdivision" means a community plan of subdivision,
precinct plan of subdivision or neighbourhood plan of subdivision.
"service" , for Part 5, Division 2--see section 32.
"service line" , for Part 5, Division 2--see section 32.
"service provider" , for Part 5, Division 2--see section 32.
"sign" includes seal and, for a corporation other than an association or
strata corporation, includes sign as a person authorised by the corporation.
"special resolution" has the same meaning as in the
Community Land Management Act 2021 .
"statutory easement" --see section 33.
"statutory interest" means a charge or other proprietary interest-- (a)
created by this or any other Act or a Commonwealth Act, and
(b) affecting
land forming part of a community parcel, precinct parcel, neighbourhood parcel
or strata parcel, and
(c) enforceable against an owner, an association or a
strata corporation, whether or not it has been recorded in the Register.
"strata corporation" means an owners corporation within the meaning of the
Strata Schemes Management Act 2015 .
"strata lot" means a lot within the meaning of the
Strata Schemes Development Act 2015 that is part of a community scheme.
"strata parcel" means land the subject of a strata scheme.
"strata plan" has the same meaning as in the Strata Schemes Development Act
2015 .
"strata scheme" means-- (a) a strata scheme under the
Strata Schemes Development Act 2015 that includes common property and is part
of a community scheme, and
(b) the proposals in any related development
contract, and
(c) the rights conferred, and the obligations imposed, by or
under the Strata Schemes Development Act 2015 , this Act and the
Community Land Management Act 2021 in relation to the scheme.
"subsidiary body" of a community scheme or precinct scheme means an
association or strata corporation constituted under a subsidiary scheme to the
community scheme or precinct scheme.
"subsidiary parcel" -- (a) for a community scheme means a precinct parcel,
neighbourhood parcel or strata parcel that is the subject of a subsidiary
scheme, or
(b) for a precinct scheme means a neighbourhood parcel or strata
parcel that is the subject of a subsidiary scheme.
"subsidiary scheme" -- (a) for a community scheme means a precinct scheme,
neighbourhood scheme or strata scheme that is part of the community scheme, or
(b) for a precinct scheme means a neighbourhood scheme or strata scheme that
is part of the precinct scheme.
"Tribunal" means the Civil and Administrative Tribunal.
"unanimous resolution" means a resolution passed at a properly convened
general meeting where no vote is cast against the resolution.
"valuer's certificate" , for Schedule 3--see Schedule 3, clause 1.
"warranted development" , for Part 7--see section 45.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback