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BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 57
Other matters about new statements for schemes developed progressively
57 Other matters about new statements for schemes developed progressively
(1) This section applies— (a) only to a community titles scheme intended to
be developed progressively; and Examples for paragraph (a)— 1 the
subdivision of scheme land to create further lots for the scheme or to
establish a subsidiary scheme
2 the excision of a lot from, or the addition
of a lot to, scheme land
(b) if the circumstances stated in subsection (2)
or (3) also apply to the scheme.
(2) For subsection (1) (b) , the
circumstances are— (a) a new plan of subdivision proposed to be lodged for
the scheme— (i) is consistent with all statements about proposed future
subdivision contained in the existing community management statement for the
scheme; or
(ii) is inconsistent with the existing
community management statement only to the extent the development of a stage
is to be done out of order; and
(b) the difference between the existing
statement and a new community management statement required under section 56
(1) is limited to ensuring that, after registration of the new plan of
subdivision and recording of the new statement, the scheme’s
community management statement will— (i) be consistent with all plans of
subdivision for the scheme that are registered under the Land Title Act ; and
(ii) contain the statements about proposed future subdivision that are
contained in the existing statement, changed only to the extent necessary to
take account of the registration of the new plan of subdivision.
(3)
Alternatively, for subsection (1) (b) , the circumstances are that a new plan
of subdivision proposed to be lodged for the development is inconsistent with
the existing community management statement for the scheme because the plan
changes the scheme in a way that affects the nature of the development or 1 or
more stages of the development. Examples of changes affecting the nature of a
development for subsection (3)— 1 A development for a scheme intended to
be a resort is changed to a development comprising only standard format lots
for residential purposes.
2 A stage of a development comprising standard
format lots for residential purposes and a marina is changed to a stage
comprising only standard format lots for residential purposes.
(4) For
subsection (2) (a) (ii) , the development of a stage is done out of order if
it is not consistent with the order of the development of the stages stated in
a development approval or the existing community management statement for the
scheme.
(5) The developer must— (a) prepare the new
community management statement required under section 56 (1) for the scheme;
and
(b) give the new statement to the body corporate.
(6) The body corporate
must, within 30 days after receiving the new statement, endorse its consent on
the statement. Penalty— Maximum penalty—50 penalty units.
(7)
However, if this section applies because of the circumstances stated in
subsection (3) , the body corporate is not required to endorse its consent on
the statement unless— (a) the developer has— (i) given the body corporate
a notice as required under section 29 (2) (a) ; and
(ii) obtained development
approval for the changed scheme; and
(b) the new
community management statement is consistent with each development approval
for the changed scheme; and
(c) the local government or MEDQ has, under
section 60 , endorsed a community management statement notation on the new
community management statement.
(8) The developer must, within 30 days after
receiving the endorsed statement, lodge a request to record the statement.
Penalty— Maximum penalty for subsection (8) —300 penalty units.
(9) Within 14 days after the new statement is recorded, the developer must
give to the body corporate— (a) a copy of the new statement; and
(b)
evidence of its recording.
Penalty— Maximum penalty for subsection (9)
—300 penalty units.
(10) The developer is responsible for the costs of
preparing and recording the new community management statement.
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