New South Wales Consolidated Acts

COMMUNITY LAND MANAGEMENT ACT 1989 - SECT 78

78 Order by Tribunal substituting schedule of unit entitlements

(1) The Tribunal may make orders under subsection (2) or (3) if it considers that an initial or revised schedule of unit entitlements for a community scheme, precinct scheme or neighbourhood scheme is based on unreasonable valuations or should be reviewed or replaced.

(2) The Tribunal may, in the case of an initial schedule of unit entitlements--

(a) order that revaluations be made by a different valuer who is a qualified valuer and that the schedule be replaced by a schedule based on the revaluations, and

(b) make such other orders as the Tribunal thinks fit.

(3) The Tribunal may, in the case of a revised schedule of unit entitlements--

(a) order that a further revised schedule be lodged with the Registrar-General under section 30 of the Community Land Development Act 1989 , and

(b) make such other orders as the Tribunal thinks fit.

(4) If of the opinion that the developer's or subdivider's estimate of proportionate values for a neighbourhood scheme is inaccurate, the Tribunal may order that the schedule of unit entitlements be replaced by a schedule based on valuations by a qualified valuer.

(5) Application for an order under this section may be made by--

(a) an association, or

(b) a strata corporation, or

(c) the proprietor of a development lot, a neighbourhood lot, or a strata lot,

within the scheme to which the application relates.

(6) Application for an order under this section may be made by the Chief Commissioner of State Revenue.

(7) In this section--

"qualified valuer" has the same meaning as it has in the Community Land Development Act 1989 .