Community Titles Act 2018

For this Division, the Planning and Development Act 2005 applies subject to the following modifications —

a reference to subdivision is to be read as including subdivision of land by a community titles scheme as referred to in section 14;

a reference to a diagram or plan of survey of the subdivision is to be read as a reference to the scheme plan, or an amendment of the scheme plan, for the community titles scheme;

a reference to a lot is to be read as including a reference to a lot within the meaning of this Act;

the Act is to be read as requiring the applicant to provide a copy of an application for a planning approval for a community titles scheme made after the community corporation for the scheme has come into existence to be given to the community corporation;

without limiting the conditions of an approval of a plan of subdivision or a development approval, the Act is to be read as providing that the conditions may include a planning (scheme by‑laws) condition;

the Act is to be read as if the Tribunal has jurisdiction to carry out a review in accordance with the Planning and Development Act 2005 Part 14 of a refusal of a body to approve the amendment or revocation of scheme by‑laws as required by a planning (scheme by‑laws) condition;

the Act is to be read as requiring an application for approval of a scheme plan or an amendment of the scheme plan to be accompanied by —

the scheme notice or any amendment of the scheme notice proposed to be submitted for registration with the scheme plan or amendment of the scheme plan; and

any existing scheme by‑laws made under a planning (scheme by‑laws) condition; and

for subdivision of land by a community titles (building) scheme, an occupancy permit or building approval certificate granted under the Building Act 2011 Part 4 Division 3 for each scheme building constructed or modified for the subdivision (as the case requires);

the Act is to be read as providing that the Planning Commission may refuse to endorse the scheme plan, or an amendment of the scheme plan, for a community titles scheme with the approval of the subdivision unless the Planning Commission is satisfied that —

the scheme plan or amendment of the scheme plan is an accurate depiction of the subdivision that has been prepared after completion of the works necessary for the subdivision and, for a community titles (building) scheme, the construction or modification of the scheme buildings necessary for the subdivision; and

the subdivision and development has been undertaken consistently with —

the community development statement; and

any utility services plan required by that statement; and

the approval of the plan of subdivision under the Planning and Development Act 2005 (including its conditions); and

any relevant approval of development under the Planning and Development Act 2005 (including its conditions);

the requirements of the Building Act 2011 have been complied with for the development; and

any restricted use condition proposed to be imposed by the scheme plan or amendment of the scheme plan is suitable for the community titles scheme; and

scheme by‑laws have been or are proposed to be made in accordance with any planning (scheme by‑laws) condition;

section 145A(1) of the Act is to be read as if the period that applies under that section were 4 years;

section 145(6) of the Act is to be read as not applying to a community scheme until the end of the development period for the scheme;

section 146(2) of the Act is to be read as if a title application were an application for registration of a community titles scheme or an amendment of a community titles scheme to give effect to the subdivision;

section 152(3) of the Act is to be read as if it provided that land vested under section 152(1) does not form part of a tier parcel;

section 159 of the Act is to be read as if a reference to a lot or lots were a reference to a lot, tier parcel or common property;

sections 165, 167 and 168 are to be read so as to apply to scheme plans in the same way as they apply to plans lodged under the Strata Titles Act 1985;

any other modifications set out in the regulations.

Subsection (1)(h) does not derogate from any other ground on which the Planning Commission may refuse to approve the scheme plan for a community titles scheme under the Planning and Development Act 2005.

The Planning Commission may, by written notice, require a local government, public authority or utility services provider to provide a certificate (in a form approved by the Planning Commission) as to compliance for subsection (1)(h) within a period specified in the regulations.

The Planning Commission may rely on a certificate provided as proof of the matters certified in the certificate.

The Planning Commission must have due regard to a certificate provided within the period specified in the notice or such longer period as the Planning Commission may allow.

The regulations may specify relevant factors for determining whether the construction or modification of a scheme building has been completed.