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Last Updated 15/11/07


4 Schemes That Can Not Be Registered

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The main purpose of the Community Land Development Act 1989 is to facilitate subdivision where the subdivision includes common or shared property in a development. [see s.4(1) Community Land Development Act 1989]

The Registrar General has the right to refuse registration of certain plans [s.4(2) Community Land Development Act 1989] where:

  • the plans define lots that are part of a building or lots that are semi-detached units within a building. Such a subdivision should be achieved by registration of a strata plan,

  • the only association property is essentially airspace above or soil below the lots. The plan must genuinely create association property available to be used by lot owners, and

  • the primary purpose of the plan is to subdivide land into stratum lots limited in height and/or depth. A community scheme plan can contain stratum lots provided the main purpose of the plan is to create a scheme with useable association property.

The following cannot be the subject of a community scheme [s.5(1) Community Land Development Act 1989]:

  • Land which is already within a community, precinct or neighbourhood parcel,

  • Land in:

    • limited or qualified titles,

    • perpetual leases from the Crown, or

  • Land in a non-contiguous parcel. Land which is separated by a natural feature (such as a river) or by a railway, road, public reserve or drainage reserve may be included in a community, precinct or neighbourhood scheme plan. [see s.3(3) Community Land Development Act 1989]

 

Note: The 'detail plan' survey in a community scheme plan may not be used as a "delimitation plan" to remove the "Limitation Notification" (QL) from title.