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s 18

Requirements about scheme statement

In force
Chapter 2Basic operation of a scheme
Part 2.3Key elements of a scheme
Division 1Scheme statement

18 Requirements about scheme statement

(1) A scheme statement must contain the following information:

(a) a description of the scheme land by reference to each plan of

subdivision and plan of consolidation to which the scheme relates;

(b) a description of the nature and purposes of the scheme;

(c) a description of the units and common property;

(ca) if the scheme land is in a Restricted Water Extraction Area – the information required by section 14C(2) of the Water Act 1992;

(d) the entitlement schedules and a statement of the basis of any inequality between the unit entitlements of different units;

(e) if the developer intends the scheme to be developed progressively:

(i) a statement of that intention; and

(ii) the information prescribed by regulation about the nature and purposes of the development, each of its proposed and completed stages and the order of their implementation; and

(iii) any other information about the development prescribed by regulation;

(f) if the scheme is a higher scheme or subsidiary scheme – the information prescribed by regulation;

(g) any other information about a matter mentioned in paragraphs (a) to

(f)

or another matter prescribed by regulation.

(2) The scheme statement may:

(a) specify a name of the scheme (the scheme name) that ends with

"Unit Title Scheme"; and

(b) specify a name of the body corporate (the body corporate name);

and

(c) identify the management module applying to the scheme under section 94(4); and

(d) specify by-laws of the scheme; and

(e) specify any other matter prescribed by regulation.

(3) The scheme statement:

(a) must be in the approved form; and

(b) if it is the first scheme statement (otherwise than as mentioned in paragraph (c)(iii)) – must be signed by the original owner; and

(c) must be accompanied by an endorsement of the statement for its registration, in the approved form, by:

(i) the consent authority in relation to the matters prescribed by regulation; and

(ii) if it is a subsequent scheme statement – the body corporate; and

(iii) if it is the first scheme statement of a scheme formed by the amalgamation of 2 or more basic schemes under section 71 or 72 –

the body corporate of each of the basic schemes; and

(d) must comply with other requirements prescribed by regulation.

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