Schemes that cannot be registered
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 usable association property.
A plan will not be acceptable under the Community Land Development Act 1989, if in the opinion of the Registrar General it is more suitable to be lodged as a strata plan.
The following cannot be the subject of a community scheme - see 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.