Part 4 The scheme description

(1) A scheme description must—

(a) be in a form approved by the Registrar-General; and

(b) identify the community parcel and the lots and common property into which the parcel is to be divided (this may be done by reference to the plan of community division with which the description will be filed); and

(c) describe the purpose or purposes for which the lots and common property may be used; and

(d) specify the standard of buildings and other improvements (if any) to be, or which may be, erected on or made to the lots or common property; and

(e) if the scheme is to be completed in stages—

(i) identify the part or parts of the community parcel (which may, in the case of a strata scheme, include a stratum or strata of space not defined by a building or other monument) to be developed in a subsequent stage or subsequent stages; and

(ii) provide a brief description of the nature and scope of the development to be undertaken in respect of each stage; and

(iii) state the time expected for the completion of each stage or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and

(f) if the owner or owners of one or more of the community lots is to be under an obligation to develop the lot—include a brief description of the nature and scope of that development and the time for its completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and

(g) if the developer is to make improvements to the common property or undertake any other development work on the common property—include a brief description of the nature and scope of those improvements or that work and the time expected for their completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and

(h) if the division or other development of the land pursuant to the scheme is subject to conditions imposed by the relevant development authority when granting its consent or imposed by the Planning, Development and Infrastructure Act 2016 or by regulations under that Act—set out those conditions in full; and

(i) set out any other important features of the scheme; and

(ia) be endorsed with a certificate in the form prescribed by regulation from the person who prepared the scheme description certifying that the scheme description has been correctly prepared in accordance with this Act; and

(j) include any other information required by the regulations.

(2) The scheme description of a secondary scheme must not be inconsistent with the scheme description or the by-laws of the primary scheme and the scheme description of a tertiary scheme must not be inconsistent with the scheme description or the by-laws of the secondary or primary scheme.

(3) A scheme description should be written as clearly as possible and should not include any unnecessary detail.

(4) Before endorsing a scheme description, the relevant development authority may require modifications to it—

(a) to add any information that is necessary or desirable in the opinion of the development authority; or

(b) to clarify any part of the description; or

(c) to remove any unnecessary detail.

(1) The scheme description of a community scheme may be amended by unanimous resolution of the community corporation but only if consistency is maintained—

(a) with the plan of community division, the by-laws and the development contract or contracts (if any) of the community scheme; and

(b) where the scheme description relates to a primary scheme and a primary lot is divided by a secondary plan—with the scheme description, the by-laws and the development contract or contracts (if any) of the secondary scheme and if a secondary lot created by the secondary plan is divided by a tertiary plan, the scheme description, the by-laws and the development contract or contracts (if any) of the tertiary scheme; and

(c) where the scheme description relates to a secondary scheme and a secondary lot is divided by a tertiary plan—with the scheme description, the by-laws and the development contract or contracts (if any) of the tertiary scheme.1

(2) The community corporation must lodge a copy of the scheme description as amended (certified in accordance with the regulations) with the Registrar-General.

(3) The certified copy must—

(a) be endorsed by the relevant development authority; and

(ab) be endorsed with a certificate, in the form prescribed by regulation, from the person who prepared the amended scheme description or an officer of the community corporation certifying that the amended scheme description has been correctly prepared in accordance with this Act; and

(b) be accompanied by the fee prescribed by regulation.

(4) The corporation must provide evidence to the satisfaction of the Registrar-General that the amendment was made by a unanimous resolution of the corporation.

(5) The amendment comes into force when a certified copy of the scheme description as amended is filed with the deposited plan of community division by the Registrar-General.

Explanatory Note—

1 The scheme description is based on the plan of community division and the by-laws and development contracts must conform with the scheme description. It may be necessary, therefore, to amend the plan, the by-laws or a development contract when amending the scheme description.

(1) The corporation must provide evidence to the satisfaction of the Registrar-General that the following persons have given their consent to the amendment—

(a) a person who is the owner of a community lot at the relevant time but who did not have the opportunity of voting against the resolution of the corporation amending the scheme description because he or she was not then a member of the corporation; and

(b) the prospective owner at the relevant time of a community lot; and

(c) the owner or prospective owner at the relevant time of a development lot; and

(d) a registered mortgagee or prospective mortgagee and a registered lessee or prospective lessee at the relevant time of a community lot or development lot; and

(e) the owner or prospective owner at the relevant time of a development lot in a secondary or tertiary scheme that comprises part of the community scheme to which the scheme description relates; and

(f) the persons referred to in subsection (2).

(2) The consents of the following persons are required—

(a) where the corporation is a primary corporation and a primary lot is divided by a secondary plan—

(i) a person who is the owner of a secondary lot at the relevant time but who did not have the opportunity of voting against the proposed amendment to the scheme description because he or she was not then a member of the secondary corporation; and

(ii) the prospective owner at the relevant time of a secondary lot; and

(iii) a registered mortgagee or prospective mortgagee and a registered lessee or prospective lessee at the relevant time of a secondary lot or development lot; and

(b) where the corporation is a primary corporation and a primary lot is divided by a secondary plan and a secondary lot created by that plan is divided by a tertiary plan or where the corporation is a secondary corporation and a secondary lot is divided by a tertiary plan—

(i) a person who is the owner of a tertiary lot at the relevant time but who did not have the opportunity of voting against the proposed amendment to the scheme description because he or she was not then a member of the tertiary corporation; and

(ii) the prospective owner at the relevant time of a tertiary lot; and

(iii) a registered mortgagee or prospective mortgagee and a registered lessee or prospective lessee at the relevant time of a tertiary lot or development lot.

(3) The consent of the owner, mortgagee or lessee of a lot is not required under this section if before the relevant time an instrument had been presented for registration at the Lands Titles Registration Office on the registration of which that person would cease to be the owner, mortgagee or lessee of the lot.

(4) In this section—

prospective lessee means the lessee under a lease that has been presented for registration at the Lands Titles Registration Office but has not been registered;

prospective mortgagee means the mortgagee under a mortgage that has been presented for registration at the Lands Titles Registration Office but has not been registered;

prospective owner in relation to a lot means the person who will be the owner of the lot on registration of a transfer that has been presented for registration at the Lands Titles Registration Office but has not been registered;

the relevant time means the time at which the certified copy of the scheme description as amended is lodged by the community corporation with the Registrar-General.

If the requirements of this Part are satisfied, the Registrar-General must file the certified copy of the scheme description as amended with the deposited plan of community division in substitution for the scheme description previously filed with the plan.