Community Land Development Regulation 2021

This Regulation is the Community Land Development Regulation 2021.

This Regulation commences on 1 December 2021 and is required to be published on the NSW legislation website.

In this Regulation—

access way plan means a plan for an open access way or private access way included in the management statement for a scheme under the Act, section 41(3).

detailed survey information, for a plan, has the same meaning as in the Act, section 25.

statutory easement diagram—see section 26(1).

survey has the same meaning as in the Surveying and Spatial Information Act 2002.

the Act means the Community Land Development Act 2021.

Note—

The Act and the Interpretation Act 1987 also contain definitions and other provisions that affect the interpretation and application of this Regulation.

This Regulation applies in addition to—

the Conveyancing (General) Regulation 2018, Part 3 and Schedule 1, or the equivalent provisions of a regulation that replaces that regulation, and

the regulations made under the Real Property Act 1900 and the lodgment rules.

This Regulation prevails to the extent of an inconsistency between this Regulation and the provisions referred to in subsection (1).

A location plan included in a scheme plan must—

be clearly labelled “LOCATION PLAN” in the plan drawing area, and

contain a schedule on which to record subsequent subdivisions, consolidations, severances and other changes to lots in the scheme.

Each sheet of a detail plan included in a scheme plan must be clearly labelled “DETAIL PLAN” in the plan drawing area.

The detail plan must set out the detailed survey information for all of the lots in the scheme, including the association property.

The association property must be numbered “Lot 1” and, if it comprises more than 1 part, each part must be identified as part of Lot 1.

All other lots on the detail plan must be numbered consecutively, beginning with “Lot 2”.

An association property plan included in a scheme plan must be clearly labelled with one of the following, as the case requires, in the plan drawing area—

COMMUNITY PROPERTY PLAN

PRECINCT PROPERTY PLAN

NEIGHBOURHOOD PROPERTY PLAN

The association property plan must be a diagram showing all association property in the scheme.

The association property plan must include the boundaries and complete dimensions, including area and part areas, of the whole of the association property but without the detailed survey information.

The association property must be numbered “Lot 1” and, if it comprises more than 1 part, each part must be identified as part of Lot 1.

Unless the Registrar-General otherwise agrees, the association property plan must comprise 1 sheet only.

A schedule of unit entitlement accompanying a scheme plan must contain 3 columns as follows—

the first column, headed “LOT”, must list the lots in the scheme in numerical order,

the second column, headed “UNIT ENTITLEMENT”, must contain—

for the association property—the words “COMMUNITY PROPERTY”, “PRECINCT PROPERTY” or “NEIGHBOURHOOD PROPERTY”, as the case requires, and

for a lot that is to be dedicated as a public reserve or drainage reserve—the words “PUBLIC RESERVE” or “DRAINAGE RESERVE”, as the case requires, and

for each other lot—the value of the unit entitlement,

the third column, headed “SUBDIVISION”, must record details of subsequent subdivisions, consolidations, severances and other changes to lots as they occur.

At the end of the schedule of unit entitlement—

the first column must contain the word “TOTAL”, and

the second column must contain the total value of all the unit entitlements of the individual lots referred to in subsection (1)(b)(iii).

A warning statement that the schedule of unit entitlement may be altered or replaced must be—

in the approved form, and

set out in the panels provided on the administration sheet required to accompany the scheme plan.

An additional sheet of a detail plan must comply with the requirements in section 6, to the extent that the requirements are relevant to an additional sheet.

An additional sheet must also—

contain a note in the note column, in the approved form, indicating the sheet is an additional sheet, and

include the deposited plan number of the scheme, and

be numbered with the next sheet number after the last number used for the scheme plan.

A replacement sheet for an association property plan must comply with the requirements in section 7, to the extent that the requirements are relevant to a replacement sheet.

A replacement sheet must also—

contain a note in the note column, in the approved form, indicating that the sheet is a replacement sheet, and

include the deposited plan number of the scheme, and

be numbered with the same sheet number as the sheet it is to replace, together with an alphabetic suffix to indicate the number of times the sheet has been replaced.

A replacement schedule of unit entitlement must comply with the requirements in section 8, to the extent that the requirements are relevant to a replacement schedule.

The administration sheet containing the replacement schedule must contain a note, in the approved form, indicating that the schedule is a replacement schedule.

A scheme plan of subdivision must show only the lots subject to the subdivision.

The boundaries of new lots that follow the boundaries of existing lots may be compiled from the relevant scheme plan.

The additional sheet of the detail plan required to be included with the scheme plan of subdivision must also include the detailed survey information for the altered association property.

The new lots on the additional sheet of the detail plan must be numbered consecutively, beginning with the next available lot number for the scheme.

The replacement schedule of unit entitlement required to be included with the scheme plan of subdivision must also include the following—

in the “LOT” column—a list of the lots being created,

in the “UNIT ENTITLEMENT” column—

for each lot being subdivided—a reference to the new lots being created, and

for each lot being created—its unit entitlement,

in the “SUBDIVISION” column—opposite each lot being subdivided, a reference to the sheet of the scheme plan of subdivision that created the new lots.