3Definitions
(1)
In this Act—
acquisition plan means
a deposited plan that—
(a)
is lodged for registration as a current plan,
and
(b)
shows the parts of lots and association property
within a scheme that are to be purchased by a resuming authority under section
34 of the Community Land Development Act
1989.
Adjudicator means a
Community Schemes Adjudicator appointed under section 109H.
approved form means the
form approved by the Secretary for the purposes of each provision of this Act
in which the expression appears.
association means a
community association, a precinct association or a neighbourhood
association.
association
property means—
(a)
in relation to a community scheme—the
community property in the scheme, or
(b)
in relation to a precinct scheme—the
precinct property in the scheme, or
(c)
in relation to a neighbourhood scheme—the
neighbourhood property in the scheme.
by-laws means—
(a)
in relation to a scheme other than a strata
scheme—by-laws included in the management statement in force for the
scheme, or
(b)
in relation to a strata scheme—by-laws in
force for the scheme under the Strata Schemes Management
Act 2015.
common property means
the common property in a strata scheme as defined in the Strata Schemes Development Act
2015.
means the corporation that—
(a)
is constituted under section 25 of the Community Land Development Act 1989 on
the registration under that Act of a community plan, and
(b)
is established as a community association by
section 5.
means a lot in a community plan that is not community
property, a public reserve or a drainage reserve and is not land that has
become subject to a subsidiary scheme or a lot that has been severed from the
community scheme.
means a statement that is registered with a
community plan as a statement of the by-laws and other particulars governing
participation in the community scheme.
means
land the subject of a community scheme.
means a
plan for the subdivision of land into 2 or more community development lots and
1 other lot that is community property, whether or not the plan includes land
that, on registration of the plan, would be dedicated as a public road, a
public reserve or a drainage reserve.
means a plan for the consolidation of 2 or
more, but not all, of the community development lots in a community
plan.
means a plan (other than an acquisition plan)
for the subdivision of a community development lot into 2 or more community
development lots and no other lot or lots.
means the lot shown in a community plan as community property.
means the
roll required by section 25 to be maintained by a community
association.
means—
(a)
the manner of subdivision of land by a community
plan, and
(b)
if land in the community plan is subdivided by a
precinct plan—the manner of subdivision of the land by the precinct
plan, and
(c)
the manner of subdivision of land in the
community plan, or of land in such a precinct plan, by a neighbourhood plan or
a strata plan, and
(d)
the proposals in any related development
contract, and
(e)
the rights conferred, and the obligations
imposed, by or under this Act, the Community Land Development
Act 1989 and the Strata Schemes Development
Act 2015 in relation to the community association, its
community property, the subsidiary schemes and persons having interests in, or
occupying, development lots and lots in the subsidiary
schemes.
company nominee, in
relation to a corporation, means the person named in a notice under section 47
as the nominee authorised by the corporation under section 111 to exercise its
voting rights.
consent authority, in
relation to the giving of an approval, a consent or a certificate, means the
council that has as a function the giving of the approval, consent or
certificate under the Environmental Planning and Assessment
Act 1979 or Chapter 7 of the Local
Government Act 1993.
current plan means a
registered plan that is a current plan within the meaning of the Conveyancing Act 1919 but is not a plan
that, under the Strata Schemes Development Act
2015, is a strata plan, a strata plan of subdivision or a
strata plan of consolidation.
deposited plan means a
plan of division of land that is prepared for the purposes of the Community Land Development Act 1989, is
not required to be registered under the Strata Schemes
Development Act 2015 and is registered after being lodged
at the office of the Registrar-General in accordance with Division 3 of Part
23 of the Conveyancing Act
1919.
developer means—
(a)
in relation to a community scheme—the
person who, for the time being, is the registered proprietor of a community
development lot in the community plan, or
(b)
in relation to a precinct scheme—the person
who, for the time being, is the registered proprietor of a precinct
development lot in the precinct plan, or
(c)
in relation to a neighbourhood scheme—the
original proprietor of the neighbourhood parcel.
development, in relation to
land, means—
(a)
the erection of a building on the land,
or
(b)
the carrying out of a work in, on, under or over
the land, or
(c)
the use of the land or of a building or work on
the land, or
(d)
the subdivision of the
land,
not excluded by regulations under the Environmental Planning and Assessment Act
1979 from the definition of development in that
Act.
development
application means an application under Division 1 of Part 4
of the Environmental Planning and Assessment
Act 1979 for consent to carry out
development.
development consent
means consent under Division 1 of Part 4 of the Environmental
Planning and Assessment Act 1979 to carry out
development.
development
contract means instruments, plans and drawings that are
registered with a community plan, precinct plan or neighbourhood plan and
describe the manner in which it is proposed to develop the land in a community
plan, precinct plan or neighbourhood plan to which they relate.
development lot means a
community development lot or a precinct development lot that has not been
severed under section 15 of the Community Land Development
Act 1989 from the applicable scheme.
drainage reserve means
land that is set aside as a drainage reserve, under section 49 of the Local Government Act
1993.
folio means folio of the
Register.
former development
lot means a precinct parcel, neighbourhood parcel or strata
parcel that, before it became subject to the precinct scheme, neighbourhood
scheme or strata scheme, was a development lot.
initial period means, in
relation to—
(a)
a strata scheme—the initial period defined
in the Strata Schemes Management Act
2015, or
(b)
a neighbourhood scheme—the period that
commences when the neighbourhood association is constituted and ends when the
sum of the unit entitlements of lots in the neighbourhood scheme of which the
original proprietor is not the proprietor is at least one-third of the total
unit entitlement under the neighbourhood scheme, or
(c)
a precinct scheme—the period that commences
when the precinct association is constituted and ends when the sum of the unit
entitlements of former development lots in the scheme that are the subject of
neighbourhood or strata schemes for which the initial period has expired is at
least one-third of the total unit entitlement under the precinct scheme,
or
(d)
a community scheme—the period that
commences when the community association is constituted and ends when the sum
of the unit entitlements of former development lots in the scheme that are the
subject of neighbourhood or strata schemes for which the initial period has
expired is at least one-third of the total unit entitlement under the
community scheme.
interim order means an
interim order made by an Adjudicator under section 72.
land means contiguous land held
under the Real Property Act
1900 in fee simple, no part of which is land in a
qualified or limited folio and which—
(a)
is a lot or portion, or 2 or more lots or
portions, in a current plan, or
(b)
is land the subject of a transaction referred to
in section 23G of the Conveyancing Act
1919, or
(c)
is land referred to in both paragraph (a) and
paragraph (b).
management
statement means a community management statement, a precinct
management statement or a neighbourhood management statement.
managing agent, in
relation to an association, means a person who is, within the meaning of the
Property and Stock Agents Act 2002, the
strata managing agent for the association.
mortgage means a charge (other
than a statutory interest or a covenant charge) on land for securing the
payment of money or money’s worth.
neighbourhood
association means the corporation that—
(a)
is constituted under section 25 of the Community Land Development Act 1989 on
the registration of a neighbourhood plan, and
(b)
is established as a neighbourhood association by
section 7.
neighbourhood lot
means land that is a lot in a neighbourhood plan but is not neighbourhood
property, a public reserve or a drainage reserve.
neighbourhood management
statement means a statement that is registered with a
neighbourhood plan as a statement of the by-laws and other particulars
governing participation in the neighbourhood scheme.
neighbourhood
parcel means land the subject of a neighbourhood
scheme.
neighbourhood plan
means a plan (other than a community plan, a precinct plan or a strata plan)
for the subdivision of land into 2 or more lots for separate occupation or
disposition and 1 other lot that is neighbourhood property, whether or not the
plan includes land that, on registration of the plan, would be dedicated as a
public road, a public reserve or a drainage reserve.
neighbourhood plan of
consolidation means a plan for the consolidation of 2 or
more, but not all, of the neighbourhood lots in the same neighbourhood
plan.
neighbourhood plan of
subdivision means a plan that is not a strata plan or an
acquisition plan and is—
(a)
for the subdivision of 1 or more neighbourhood
lots (whether or not the neighbourhood scheme is part of a community scheme)
into 2 or more different neighbourhood lots, or
(b)
for the subdivision of 1 or more neighbourhood
lots (whether or not the neighbourhood scheme is part of a community scheme)
into 1 or more different neighbourhood lots and related neighbourhood
property, or
(c)
for the subdivision of 1 or more neighbourhood
lots and neighbourhood property in a neighbourhood scheme that is not part of
a community scheme into 1 or more different neighbourhood lots and related
neighbourhood property, or
(d)
for the subdivision of neighbourhood property in
a neighbourhood scheme that is not part of a community scheme into 1 or more
neighbourhood lots and related neighbourhood
property.
neighbourhood
property means the lot shown in a neighbourhood plan as
neighbourhood property.
neighbourhood roll
means the roll required by section 25 to be maintained by a neighbourhood
association.
neighbourhood
scheme means—
(a)
the manner of subdivision of land by a
neighbourhood plan, and
(b)
the proposals in any related development
contract, and
(c)
the rights conferred, and the obligations
imposed, by or under this Act and the Community Land
Development Act 1989 in relation to the neighbourhood
association, the neighbourhood property and the proprietors and other persons
having interests in, or occupying, the neighbourhood
lots.
notice of
resumption means a notice, notification or other instrument
on publication of which land is resumed.
open access way means an
open access way set apart under Part 5 of the Community Land
Development Act 1989.
ordinary resolution
means a resolution passed—
(a)
except on a poll—by a majority in number of
the votes cast, or
(b)
on a poll—by a majority in value of the
votes cast.
original proprietor,
in relation to land, means the registered proprietor in fee simple of the land
at the time of registration of a community plan, precinct plan or
neighbourhood plan subdividing the land.
personal property, in
relation to an association, includes (but is not limited to) association
rolls, books of account and other records.
precinct
association means the corporation—
(a)
constituted by section 25 of the Community Land Development Act 1989 on
the registration of a precinct plan, and
(b)
established as a precinct association by section
6 of this Act.
precinct development
lot means a lot in a precinct plan that is not precinct
property, a public reserve or a drainage reserve and is not land that has
become subject to a subsidiary scheme or a lot that has been severed from the
precinct scheme.
precinct management
statement means a statement that is registered with a
precinct plan as a statement of the by-laws and other particulars governing
participation in the precinct scheme.
precinct parcel means
land the subject of a precinct scheme.
precinct plan means a plan
for the subdivision of the land in a community development lot into 2 or more
precinct development lots and 1 other lot that is precinct property, whether
or not the plan includes land that, on registration of the plan, would be
dedicated as a public road, a public reserve or a drainage
reserve.
precinct plan of
consolidation means a plan for the consolidation of 2 or
more, but not all, of the precinct development lots in the same precinct
plan.
precinct plan of
subdivision means a plan (other than an acquisition plan)
for the subdivision of a precinct development lot into 2 or more precinct
development lots and no other lot or lots.
precinct property
means the lot shown in a precinct plan as precinct property.
precinct roll means the
roll required by section 25 to be maintained by a precinct
association.
precinct scheme
means—
(a)
the manner of subdivision of land by a precinct
plan, and
(b)
the manner of subdivision of land in the precinct
plan by a neighbourhood plan or a strata plan, and
(c)
the proposals in any related development
contract, and
(d)
the rights conferred, and the obligations
imposed, by or under this Act, the Community Land Development
Act 1989 and the Strata Schemes Development
Act 2015 in relation to the precinct association, its
precinct property, the subsidiary schemes and persons having interests in, or
occupying, development lots, neighbourhood lots and strata lots in subsidiary
schemes.
principal registrar
means the principal registrar of the Tribunal.
private access way
means a private access way set apart under Part 5 of the Community Land Development Act
1989.
proprietor, in relation to a
development lot or a neighbourhood lot, means—
(a)
a person for the time being recorded in the
Register as entitled to an estate in fee simple in the lot,
or
(b)
a person who has in the lot an interest referred
to in section 47 of which notice has been given under that section to an
association.
public authority
includes a council within the meaning of the Local
Government Act 1993.
public reserve has the
same meaning as it has in the Local Government Act
1993.
public road has the same
meaning as it has in the Roads Act
1993.
Register means the Register
kept under the Real Property Act
1900.
registered means registered
by the Registrar-General.
restricted property
means—
(a)
association property of which the use is
restricted by a management statement, or
(b)
common property of which the use is restricted by
by-laws in force under the strata scheme of which it forms
part.
resume means compulsorily
acquire under the authority of an Act or a Commonwealth Act.
resuming authority
means an authority in which land is proposed to be, or is, vested by way of
resumption.
schedule of unit
entitlements, in the case of a strata scheme, means a
schedule of unit entitlement under the Strata Schemes
Development Act 2015.
scheme means a community scheme,
a precinct scheme, a neighbourhood scheme or a strata scheme.
secretary, in relation to an
association, means the secretary of the executive committee of the
association.
Secretary means—
(a)
the Commissioner for Fair Trading, Department of
Finance, Services and Innovation, or
(b)
if there is no person employed as Commissioner
for Fair Trading—the Secretary of the Department of Finance, Services
and Innovation.
sign includes seal and, in the
case of a corporation other than an association or a strata corporation,
includes sign as a person authorised by the corporation.
special resolution
means a resolution—
(a)
that is passed at a duly convened meeting of a
community association and against which not more than one-quarter in value
(ascertained in accordance with clause 12 of Schedule 5 or clause 15 of
Schedule 6) of votes is cast, or
(b)
that is passed at a duly convened meeting of a
precinct association and against which not more than one-quarter in value
(ascertained in accordance with clause 26 of Schedule 5 or clause 35 of
Schedule 6) of votes is cast, or
(c)
that is passed at a duly convened meeting of a
neighbourhood association and against which not more than one-quarter in value
(ascertained in accordance with clause 40 of Schedule 5 or clause 55 of
Schedule 6) of votes is cast, or
(d)
that is a special resolution within the meaning
of the Strata Schemes Management Act
2015.
staged scheme means a
community scheme or precinct scheme developed in stages.
statutory interest
means a charge or other proprietary interest that—
(a)
is created by this or any other Act or a
Commonwealth Act, and
(b)
affects land in a community plan, a precinct
plan, a neighbourhood plan or a strata plan, and
(c)
is enforceable against a proprietor, an
association or a strata corporation,
whether or not it has been recorded in the
Register.
strata corporation
means the owners corporation constituted under the Strata Schemes Management Act 2015 for a
strata scheme.
strata lot means a lot within
the meaning of the Strata Schemes Development Act
2015 that is part of a community scheme.
strata parcel means land
the subject of a strata scheme.
strata plan means a strata
plan under the Strata Schemes Development Act
2015 that includes common property.
strata scheme
means—
(a)
a strata scheme under the Strata Schemes Development Act 2015 that
includes common property and is part of a community scheme,
and
(b)
the proposals in any related development
contract, and
(c)
the rights conferred, and the obligations
imposed, by or under the Strata Schemes Development Act
2015, this Act and the Community Land
Development Act 1989 in relation to the
scheme.
subsidiary body
means—
(a)
in relation to a community scheme—the
precinct association, neighbourhood association or strata corporation
constituted under a precinct scheme, neighbourhood scheme or strata scheme
that is part of the community scheme, or
(b)
in relation to a precinct scheme—the
neighbourhood association or strata corporation constituted under a
neighbourhood scheme or strata scheme that is part of the precinct
scheme.
subsidiary parcel
means the precinct parcel, neighbourhood parcel or strata parcel in a
subsidiary scheme.
subsidiary scheme
means—
(a)
in relation to a community scheme—a
precinct scheme, neighbourhood scheme or strata scheme that is part of the
community scheme, or
(b)
in relation to a precinct scheme—a
neighbourhood scheme or strata scheme that is part of the precinct
scheme.
Tribunal means the Civil and
Administrative Tribunal.
unanimous
resolution means a resolution passed at a duly convened
general meeting of an association without a vote being cast against
it.
Note—
The Interpretation Act
1987 contains definitions and other provisions that affect
the interpretation and application of this Act.
(2)
This Act is to be interpreted as part of the
Real Property Act 1900, but, if there is
an inconsistency between them, this Act prevails.
(3)
For the purposes of this Act, land is contiguous
even if it is divided by, or separated from other land by, a natural feature,
a railway, a public road, a public reserve or a drainage
reserve.
(4)
A reference in this Act to a development consent,
a development contract, a community management statement, a precinct
management statement or a neighbourhood management statement includes a
reference to the consent, contract or statement as modified or amended from
time to time.
(5)
In this Act—
(a)
a reference to a function includes a reference to
a power, authority and duty, and
(b)
a reference to the exercise of a function
includes, in relation to a duty, a reference to the performance of the
duty.
s 3: Am 1991 No 94,
Sch 1; 1993 No 33, Sch 1; 1995 No 11, Sch 1.24; 1996 No 139, Sch 1
[1]–[9] (am 1997 No 55, Sch 2.18 [1]); 1997 No 152, Sch 4.7
[1]–[4]; 1998 No 54, Sch 1.4 [1] [2]; 1998 No 168, Sch 4.1 [1]; 2000 No
93, Sch 1.4 [1]–[3]; 2001 No 56, Sch 2.6 [2] [3]; 2001 No 82, Sch 7.1
[1]; 2002 No 66, Sch 2.1; 2003 No 4, Sch 1.3; 2007 No 27, Sch 1.6 [1] [2];
2013 No 95, Sch 4.5 [1] [2]; 2015 No 48, Sch 1.5 [1]; 2015 No 50, Sch 4.6
[1]–[4]; 2015 No 51, Sch 9.4 [1]–[9]; 2017 No 22, Sch 4.5 [2];
2018 No 5, Sch 2.4.