New South Wales Consolidated Acts

COMMUNITY LAND MANAGEMENT ACT 2021 - SECT 28

28 Order to authorise certain acts during initial period

(1) The Tribunal may, on application, make an order--

(a) waiving, varying or extinguishing a restriction relating to the initial period for a scheme (whether or not imposed under this Act or the Community Land Development Act 2021 ), and

(b) authorising matters to be done in relation to the waiving, varying or extinguishing of the restriction.

(2) The application may be made by the association or developer to which the restriction applies.

(3) Written notice of an application must be given to--

(a) the association and each owner of a community development lot, precinct development lot or neighbourhood lot or proposed community development lot, precinct development lot or neighbourhood lot in the case of a community scheme, precinct scheme or neighbourhood scheme or proposed scheme to which the application relates, unless the association or the owner is the applicant, and

(b) each registered mortgagee of a lot in the scheme and any mortgagee specified on the association roll for the lot and any covenant chargee having the benefit of a covenant charge affecting a lot, and

(c) any other persons that the Tribunal directs.

(4) The Tribunal may order that notice of an application be dispensed with if the Tribunal considers it appropriate in the circumstances of the case.

(5) A person to whom notice is given is entitled to appear and be heard on the hearing of the application.

(6) Notice of an application is not required to be given to a mortgagee specified on the association roll for a lot if the rights of the person as a mortgagee--

(a) are suspended for the time being because of a sub-mortgage, particulars of which are specified on the association roll, or

(b) have been terminated because of an instrument, particulars of which are specified on the association roll.