Community Land Development Act 1989 No 201
Current version for 1 January 2014 to date (accessed 27 November 2014 at 19:06)
Schedule 11

Schedule 11 Initial unit entitlements

(Sections 5, 7–9, 11–13, 18, 19, 22, 29, 34, Sch 6, Sch 7 and Sch 8)

1   Form of initial schedule of unit entitlements

An initial schedule of unit entitlements for a community scheme, precinct scheme or neighbourhood scheme must:
(a)  be in the approved form, and
(b)  be clearly identified as an initial schedule liable to be altered before, or on, completion of the scheme, and
(c)  show as a whole number the unit entitlement of each development lot, former development lot or neighbourhood lot, and
(d)  show as a whole number the total of the unit entitlements under paragraph (c).

2   Basis of unit entitlements—community plan or precinct plan

The initial schedule of unit entitlements lodged with a community plan or precinct plan:
(a)  must be based on the comparative market values of the lots (as if the lots were vacant) at the date of the valuation, and
(b)  must be supported by a certificate in the approved form given by a registered valuer at a time that is not earlier than the prescribed time.

3   Basis of unit entitlements—neighbourhood plan

The initial schedule of unit entitlements lodged with a neighbourhood plan must be based on the developer’s estimate of the relative values of the neighbourhood lots (as if the lots were vacant).

4   Replacement sheet—community or precinct plan of subdivision

A replacement sheet for an initial or revised schedule of unit entitlements lodged with a community plan of subdivision or a precinct plan of subdivision:
(a)  must be identified as an initial schedule in accordance with clause 1, and
(b)  must not differ from the existing schedule except by showing the unit entitlement of each new lot and, as the total unit entitlement for the new lots, the unit entitlement for the subdivided lot, and
(c)  must, in the case of a replacement sheet for an initial schedule of unit entitlements, be supported by a certificate by a registered valuer given in the approved form and based on the market values of the new lots at the date of the valuer’s certificate lodged with the initial schedule of unit entitlements being replaced, and
(d)  must, in the case of a replacement sheet for a revised schedule of unit entitlements, be based on the subdivider’s estimate of the market values of the new lots.

5   Replacement sheet—neighbourhood plan of subdivision

A replacement sheet for an initial or revised schedule of unit entitlements for a neighbourhood scheme that is lodged with a neighbourhood plan of subdivision or with an acquisition plan affecting a neighbourhood scheme:
(a)  must be based on the subdivider’s estimate of the relative values of the new lots, and
(b)  must be identified as an initial schedule in accordance with clause 1, and
(c)  unless the plan subdivides or creates neighbourhood property—must differ from the existing schedule only by showing the unit entitlement for each new lot and, as the total unit entitlement of the new lots created by the subdivision, the unit entitlement for the subdivided lot.

6   Replacement sheet—acquisition plan

A sheet lodged with an acquisition plan as a replacement sheet for the initial or revised schedule of unit entitlements for a community scheme or precinct scheme:
(a)  must be identified as an initial schedule in accordance with clause 1, and
(b)  must, in the case of a replacement sheet for an initial schedule of unit entitlements, be supported by a certificate by a registered valuer given in the approved form and based on the market values of the new lots at the date of the valuer’s certificate lodged with the initial schedule of unit entitlements being replaced, and
(c)  must, in the case of a replacement sheet for a revised schedule of unit entitlements, be based on the subdivider’s estimate of the market values of the new lots and former development lots in which the new lots are located.

7   Severance of lot proposed as public road or public reserve

(1)  This clause applies to a lot in a community plan, a precinct plan or a neighbourhood plan:
(a)  that has a unit entitlement, and
(b)  the whole or part of which is to be dedicated as a public road or public reserve.
(2)  If the whole or part of a lot to which this clause applies is dedicated as a public road or public reserve, a replacement sheet for the schedule of unit entitlements for the relevant scheme:
(a)  must reduce the total of the unit entitlements for the scheme by:
(i)  the unit entitlement of the lot, if the whole of the lot is dedicated as a public road or public reserve, or
(ii)  if part of the lot is dedicated as a public road or public reserve, the unit entitlement that would have been attributable to that part if it had been created as a separate lot, and
(b)  must comply with this Schedule as if it were an initial schedule of unit entitlements.
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