Community Land Management Act 2021 (NSW)

Community Land Management Act 2021 No 7

An Act with respect to the management of community, precinct and neighbourhood subdivision schemes; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Community Land Management Act 2021.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Objects of Act The objects of this Act are as follows— (a) to provide for the management of community, precinct and neighbourhood schemes, (b) to provide for the resolution of disputes arising from those schemes.

4 Interpretation (1) The Dictionary to this Act defines certain terms used in this Act.

Note. The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act. (2) Notes included in this Act do not form part of this Act.

5 Resolutions of associations (1) In this Act, a resolution of an association is a special resolution if— (a) it is passed at a properly convened meeting of the association, and (b) of the value of the votes cast— (i) not more than 25% are against the resolution, or (ii) if the resolution is a sustainability infrastructure resolution—less than 50% are against the resolution. (2) In this Act, a resolution of an association is a unanimous resolution if it is passed at a properly convened general meeting and no vote is cast against the resolution. (3) For the purposes of determining the value of a vote for a special resolution or a poll of a community association— (a) the value of the vote of a subsidiary body is equal to the unit entitlement of the former community development lot that was subdivided to constitute the subsidiary body, and (b) the value of the vote of the owner of a community development lot is equal to the unit entitlement of the community development lot. (4) For the purposes of determining the value of a vote for a special resolution or a poll of a precinct association— (a) the value of the vote of a subsidiary body is equal to the unit entitlement of the former precinct development lot that was subdivided to constitute the subsidiary body, and (b) the value of the vote of the owner of a precinct development lot is equal to the unit entitlement of the precinct development lot. (5) For the purposes of determining the value of a vote for a special resolution or a poll of a neighbourhood association, the value of the vote of the owner of a neighbourhood lot is equal to the unit entitlement of the neighbourhood lot. (6) However, if the total unit entitlement of lots for which the original owner is entitled to a vote is not less than half of the total unit entitlement for the association, the value of the vote in respect of those lots is taken to be reduced by two-thirds, ignoring any fraction.