Western Australia: Community Titles Act 2018 (WA)

Western Australia Community Titles Act 2018 Western Australia Community Titles Act 2018 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Notes and examples not part of Act 1 5. Act binds Crown 1 Part 2 — Community schemes 6. Legislative framework 1 7. Community scheme 1 8. Community titles scheme — tier 1 scheme 1 9. Community titles scheme — tier 2 scheme 1 10. Community titles scheme — tier 3 scheme 1 11. Lots — community titles (building) schemes and community titles (land) schemes 1 12. Common property 1 13. Relationships in and between schemes 1 14. Subdivision of land by community scheme 1 15. Registration of community titles scheme 1 16. Community titles 1 17. Community corporation 1 Part 3 — Planning and development Division 1 — Introduction 18. Planning requirements for subdivision by community scheme 1 19. Effect of community development statement on planning approvals 1 20. Waiver of other requirements relating to plans or instruments 1 Division 2 — Community development statement 21. Application to approve statement or amendment 1 22. Comments from local government and others 1 23. Decision as to appropriate form of subdivision 1 24. Approval of community development statement or amendment 1 25. Content of statement 1 26. Development period for community scheme 1 27. Statement or amendment ceases to have effect in certain circumstances 1 28. Availability of statement 1 Division 3 — Planning approvals 29. Planning approvals 1 30. Modification of Planning and Development Act 1 31. Approval of modification of restricted use condition 1 32. Approval under planning (scheme by‑laws) condition 1 Division 4 — Miscellaneous 33. Applications under Part 1 34. Review of decisions 1 Part 4 — Scheme documents Division 1 — Scheme notice 35. Scheme notice 1 36. Name and address for service of community corporation 1 Division 2 — Scheme plan 37. Scheme plan 1 38. Short form easements or restrictive covenants 1 39. Requirements for registration of scheme plan 1 40. Requirements for registration of amendment of scheme plan 1 Division 3 — Schedule of unit entitlements 41. Schedule of unit entitlements 1 42. Requirements for registration of amendment of schedule of unit entitlements 1 Division 4 — Scheme by‑laws 43. Scheme by‑laws 1 44. Application of scheme by‑laws 1 45. Content of scheme by‑laws 1 46. Exclusive use by‑laws 1 47. Invalidity of scheme by‑laws 1 48. Enforcement of scheme by‑laws 1 49. Requirement for registration of amendment to give effect to scheme by‑laws 1 Part 5 — Registration and land titles Division 1 — Schemes and amendments of schemes 50. Application for registration 1 51. Effect of registration 1 52. Registration process 1 53. No presumption of validity of scheme by‑laws 1 Division 2 — Statutory easements 54. Easement for support, shelter and projections — lot 1 55. Easement for support, shelter and projections — common property 1 56. Utility service easement 1 57. Common property infrastructure easement 1 58. Entry under statutory easement 1 59. Rectification of damage 1 Division 3 — Rates, taxes and charges 60. Arrangements for sharing of information 1 61. Valuation for rating and taxing 1 62. Objections 1 63. Rating and taxing 1 64. Charges for water supplied 1 Part 6 — Original subdivision owner 65. First statutory general meeting 1 66. Key documents 1 67. Disclosure of remuneration and other benefits 1 68. Defects in scheme buildings or infrastructure 1 69. Contracting out prohibited 1 Part 7 — Lot owners and occupiers 70. Offence to contravene restricted use condition 1 71. Use and enjoyment 1 72. Information and agent 1 73. Insurance for lot 1 74. Person to act for lot owner in certain circumstances 1 Part 8 — Community corporation Division 1 — Functions Subdivision 1 — Property 75. Control and management of common property 1 76. Rights over common property 1 77. Personal property 1 78. Temporary common property 1 79. Transactions relating to land 1 80. Carrying out work and recovering cost 1 81. Power of community corporation to enter any part of parcel 1 82. Recovery of property 1 Subdivision 2 — Insurance 83. Required insurance 1 84. Notice to member of community corporation 1 Subdivision 3 — Financial management 85. Funds and investment 1 86. Accounting records and statement of accounts 1 87. Budget 1 88. Contributions 1 Subdivision 4 — Participation in community scheme 89. Functions as member of another community corporation 1 90. Cooperation between community corporations 1 Subdivision 5 — Records and correspondence 91. Records and correspondence 1 92. Scheme contacts register 1 93. Letterbox and electronic communications 1 Subdivision 6 — Provision of information 94. Application by person with proper interest in information 1 95. Information from scheme contacts register 1 96. Inspection of material 1 97. Certificates 1 98. Legal professional privilege and defamation 1 Subdivision 7 — Miscellaneous powers 99. Compliance with scheme by‑laws 1 100. Enforcement of road laws 1 101. Enforcement of local laws 1 102. Termination of certain services or amenities contracts 1 Subdivision 8 — Limitations 103. Limitations on exercise of powers 1 104. Common seal and execution of documents 1 Division 2 — Objectives 105. Objectives 1 Division 3 — Procedures 106. Voting and resolutions 1 107. Voting by proxy 1 108. Annual general meeting 1 109. Convening of general meetings 1 110. Procedure at general meetings 1 Division 4 — Council and officers 111. Council and officers of community corporation 1 112. Functions and procedures of council 1 113. General duties and conflicts of interest 1 Division 5 — Miscellaneous 114. Performance of council functions in general meeting 1 115. Protection from liability 1 116. Exclusion of Corporations Act 1 Part 9 — Scheme managers 117. Authorisation of functions of scheme manager 1 118. Requirements to be met by scheme manager 1 119. Scheme management contract: minimum requirements 1 120. General duties and conflict of interest 1 121. Disclosure of remuneration and other benefits 1 122. Operation of accounts 1 123. Accounting information 1 124. Audits 1 125. Termination of scheme management contract 1 126. Return of property 1 127. Provision of information about industry 1 128. Contracting out prohibited 1 129. Protection from liability 1 Part 10 — Protection of buyers 130. Information to be given before contract 1 131. Information to be given after contract 1 132. Delay in settlement for failure to give information 1 133. Avoidance of contract for failure to give information 1 134. Avoidance of contract on notification of variation for material prejudice 1 135. Avoidance of contract for failure to disclose type 1 notifiable variation 1 136. Avoidance of contract for failure to disclose type 2 notifiable variation 1 137. Proposed lot contract 1 138. Avoidance of contract — manner and effect 1 139. Contracting out prohibited 1 Part 11 — Termination Division 1 — Termination proposals 140. Introduction 1 141. Outline of termination proposal 1 142. Content of outline of termination proposal 1 143. Ordinary resolution required to proceed further 1 144. Approval of plan of subdivision 1 145. Full proposal 1 146. Reference of full proposal to independent advocate 1 147. Content of full proposal 1 148. Meetings and submissions 1 149. Vote 1 150. Confirmation of termination resolution by Tribunal 1 151. Endorsement of subdivision approval on plan 1 152. Order for directions about winding up of community corporation 1 153. Application for termination 1 154. Registration process for termination 1 155. Effect of termination of scheme 1 156. Withdrawal of termination proposal 1 157. Notice that termination proposal cannot proceed further 1 158. Notices received by Registrar of Titles 1 159. Costs of process 1 160. Arrangements for independent advice or representation for owners 1 Division 2 — Termination by single owner 161. Termination by single owner 1 Part 12 — Tribunal proceedings 162. Scheme disputes 1 163. Procedure 1 164. Declarations 1 165. Orders 1 166. Interim orders 1 167. Decision not to make order or declaration 1 168. Certain powers only exercisable by judicial member or legally qualified member 1 169. Limitations on orders 1 170. Administrator of community corporation 1 171. Contributions for money payable by community corporation 1 172. Enforcement of order to act 1 173. Order overrides existing scheme by‑laws 1 174. Original jurisdiction 1 175. Internal review of order or declaration 1 Part 13 — Miscellaneous 176. Refusal or failure to perform function 1 177. Address for service 1 178. Termination or amendment of community titles scheme as consequence of compulsory acquisition 1 179. Entry to common property 1 180. Court or tribunal may refer matters to Tribunal 1 181. Service of documents on community corporations, members and others 1 182. Correction of errors by Registrar of Titles 1 183. Delegation by Registrar of Titles 1 184. Money received by Registrar of Titles 1 185. Disposition statement 1 186. Requirements under Transfer of Land Act 1 187. Regulations 1 188. Certain prescribed fees may exceed cost recovery 1 189. Expiry of section 188 1 190. Review of this Act 1 Part 14 — Other Acts amended Division 1 — Building Act 2011 amended 191. Act amended 1 192. Section 3 amended 1 Division 2 — Commercial Tenancy (Retail Shops) Agreements Act 1985 amended 193. Act amended 1 194. Section 3 amended 1 195. Section 12 amended 1 Division 3 — Credit (Administration) Act 1984 amended 196. Act amended 1 197. Section 4 amended 1 Division 4 — Credit Act 1984 amended 198. Act amended 1 199. Section 5 amended 1 Division 5 — Dividing Fences Act 1961 amended 200. Act amended 1 201. Section 5 amended 1 202. Section 6 amended 1 Division 6 — Duties Act 2008 amended 203. Act amended 1 204. Section 17 amended 1 205. Section 87 amended 1 206. Section 90 amended 1 Division 7 — Electronic Conveyancing Act 2014 amended 207. Act amended 1 208. Section 3 amended 1 Division 8 — Environmental Protection Act 1986 amended 209. Act amended 1 210. Section 3 amended 1 Division 9 — First Home Owner Grant Act 2000 amended 211. Act amended 1 212. Section 14B amended 1 Division 10 — Home Building Contracts Act 1991 amended 213. Act amended 1 214. Section 3 amended 1 Division 11 — Land Information Authority Act 2006 amended 215. Act amended 1 216. Section 94A amended 1 Division 12 — Land Tax Assessment Act 2002 amended 217. Act amended 1 218. Section 43A amended 1 219. Glossary amended 1 Division 13 — Perth Parking Management Act 1999 amended 220. Act amended 1 221. Section 4 amended 1 Division 14 — Planning and Development Act 2005 amended 222. Act amended 1 223. Section 136 amended 1 Division 15 — Property Law Act 1969 amended 227. Act amended 1 228. Section 6 amended 1 229. Section 7 amended 1 Division 16 — Rates and Charges (Rebates and Deferments) Act 1992 amended 230. Act amended 1 231. Section 28 amended 1 Division 17 — Real Estate and Business Agents Act 1978 amended 232. Act amended 1 233. Section 4 amended 1 234. Section 61 amended 1 235. Section 131A amended 1 Division 18 — Residential Tenancies Act 1987 amended 236. Act amended 1 237. Section 48 amended 1 Division 19 — Retirement Villages Act 1992 amended 238. Act amended 1 239. Section 15 amended 1 240. Section 23 amended 1 241. Section 54A inserted 1 54A. Jurisdiction of Tribunal under Community Titles Act 2018 1 242. Section 75 amended 1 Division 20 — Sale of Land Act 1970 amended 243. Act amended 1 244. Section 11 amended 1 245. Section 13 amended 1 246. Section 14 amended 1 Division 21 — Settlement Agents Act 1981 amended 247. Act amended 1 248. Section 46 amended 1 249. Schedule 2 clause 1 amended 1 Division 22 — Swan and Canning Rivers Management Act 2006 amended 250. Act amended 1 251. Schedule 5 amended 1 Division 23 — Transfer of Land Act 1893 amended 252. Act amended 1 254. Section 65A amended 1 255. Section 129A amended 1 256. Section 136A amended 1 257. Section 136F amended 1 258. Section 181 amended 1 259. Section 182A amended 1 260. Section 192B amended 1 261. Section 192C amended 1 262. Section 192D amended 1 263. Section 198 amended 1 264. Section 214 amended 1 265. Section 239 amended 1 266. Section 242 amended 1 Division 24 — Valuation of Land Act 1978 amended 267. Act amended 1 268. Section 24 amended 1 269. Section 37 amended 1 Division 25 — Water Services Act 2012 amended 270. Act amended 1 271. Section 3 amended 1 272. Section 71 amended 1 273. Section 124 amended 1 274. Section 125 amended 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Community Titles Act 2018 An Act — * to provide for the subdivision of land by community schemes, the creation of community titles, and the governance and operation of community schemes; and * to make consequential and related amendments to other Acts; and * for related purposes. The Parliament of Western Australia enacts as follows: Part 1 — Preliminary 1. Short title This is the Community Titles Act 2018. 2. Commencement This Act comes into operation as follows — (a) sections 1 and 2 — on the day on which this Act receives the Royal Assent; (b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions. 3. Terms used (1) In this Act, unless the contrary intention appears — address for service — see section 177; ADI means an authorised deposit‑taking institution within the meaning given in the Banking Act 1959 (Commonwealth) section 5(1); administrative fund — see section 85(1)(a); administrator of a community corporation means a person appointed by the Tribunal as an administrator of the community corporation under section 165(2)(q); amendment of a community titles scheme — see section 15(2); amendment in relation to common property or a lot in a community titles scheme — see subsection (2); approved form — a document, evidence or information is in an approved form only if it is in the form approved under the regulations or Transfer of Land Act requirements and it complies with any requirements of the regulations or Transfer of Land Act requirements; assistance animal has the meaning given in the Disability Discrimination Act 1992 (Commonwealth) section 9(2); associate — 2 persons are associates if — (a) 1 is the spouse or de facto spouse of the other; or (b) 1 is the child or grandchild of the other; or (c) they have a parent or grandparent in common; or (d) they are partners; or (e) they are directors of the same body corporate; or (f) 1 is employed by the other; or (g) 1 is a body corporate and the other is a director, officer or employee of the body corporate or a person who is otherwise in a position to control or substantially influence the conduct of the body corporate; or (h) they are bodies corporate and the same person is a director of both bodies corporate; Authority means the Western Australian Land Information Authority established by the Land Information Authority Act 2006 section 5; belongs — see section 13 — (a) for when a lot, tier parcel or common property belongs to a community titles scheme; and (b) for when a community titles scheme belongs to another community titles scheme; building includes structure; capital value has the meaning given in the Valuation of Land Act 1978 section 4(1); Commissioner of Titles means the person holding or acting in the office of the Commissioner of Titles under the Transfer of Land Act 1893; common property means — (a) tier 1 common property; or (b) tier 2 common property; or (c) tier 3 common property; Note for this definition: 1. See, for tier 1, section 8(4), for tier 2, section 9(4) and, for tier 3, section 10(4). 2. Section 12 determines what comprises common property, regardless of the tier of the community titles scheme to which the common property belongs. common property infrastructure easement means a statutory easement under section 57; community corporation means — (a) a tier 1 corporation; or (b) a tier 2 corporation; or (c) a tier 3 corporation; Note for this definition: Section 17 establishes a community corporation for a community titles scheme, regardless of the tier of the scheme. community development statement means a document approved as a community development statement by the Planning Commission under Part 3 Division 2; community scheme means the community titles schemes that together subdivide a parcel of land; community title — see section 16; community titles (building) scheme — see section 11(7); community titles (land) scheme — see section 11(8); community titles scheme means — (a) a tier 1 scheme; or (b) a tier 2 scheme; or (c) a tier 3 scheme; Note for this definition: 1 See, for tier 1, section 8(1), for tier 2, section 9(1) and, for tier 3, section 10(1). 2. A community titles scheme is either a community titles (building) scheme or a community titles (land) scheme depending on how the lots are defined. contact details means the name, address, address for service, telephone or other contact number and, if available, electronic address of a person; contract means a contract, agreement or other document that legally binds a person, whether conditionally or unconditionally; contributions means the amount determined by a community corporation as the amount it requires from its members under section 88; council means the governing body of a community corporation established under section 111; development has the meaning given in the Planning and Development Act 2005 section 4(1); development period for a community scheme means the period after registration of the tier 1 scheme that applies under section 26; disability has the meaning given in the Disability Discrimination Act 1992 (Commonwealth) section 4(1); disposition statement — see section 185; electronic address means — (a) an email address; or (b) anything included in this definition by the regulations; encumbrance has the meaning given in the Transfer of Land Act 1893 section 4(1); exclusive use by‑laws — see section 46; financial year for a community corporation means — (a) if the scheme by‑laws are silent on the matter, the period of 12 months ending on 30 June; or (b) if the scheme by‑laws specify a period of 12 months ending on a different date as the financial year for the scheme, the period specified in the by‑laws; floor includes a stairway or ramp; infrastructure include public or private access ways, lifts, swimming pools, gymnasiums, other recreational facilities, shared carparks, loading bays, infrastructure for utility services and other fixtures and, in each case, associated equipment; infrastructure contract — see section 57(1)(a); infrastructure owner — see section 57(3); insurable asset of a community titles scheme — (a) means — (i) the common property of the scheme (including the fixtures and improvements on the common property); or (ii) the parts of scheme buildings that comprise lots in the scheme (including the paint and wallpaper); or (iii) anything included in this definition by the regulations; but (b) does not include — (i) fixtures or improvements on the common property that are not themselves common property; or (ii) carpet and temporary wall, floor and ceiling coverings in a scheme building; or (iii) fixtures removable by a lessee at the expiration of a tenancy; or (iv) anything excluded from this definition by the regulations; interested community corporations for a termination proposal — see section 141(1); interim development order has the meaning given in the Planning and Development Act 2005 section 4(1); item registered or recorded for a community titles scheme — see section 52(5); Note for this definition: For example, an item may comprise an estate, interest, right, encumbrance, notification, memorial or caveat. judicial member has the meaning given in the State Administrative Tribunal Act 2004 section 3(1); key document in relation to a subdivision of land by a community titles scheme means each of the following — (a) the application for registration of the scheme or amendment of the scheme to give effect to the subdivision and everything that accompanies the application; (b) the scheme documents, or amendments of the scheme documents, as registered for the subdivision; (c) planning approvals for the subdivision and development associated with the scheme; (d) occupancy permits and building approval certificates under the Building Act 2011 relating to development associated with the subdivision; (e) official notices relating to the subdivision or development associated with the subdivision; (f) specifications, diagrams and drawings relating to the tier parcel or a building on the tier parcel affected by the subdivision (including any specifications, diagrams and drawings that show utility conduits, utility infrastructure or sustainability infrastructure); (g) warranty documents and operational and servicing manuals for infrastructure that ought reasonably to be given to the community corporation; (h) certificates and schedules relating to the insurance required for, or relating to, the scheme taken out or arranged by the original subdivision owner; (i) any contracts for the provision of services or amenities to the community corporation or to members of the community corporation entered into or arranged by the original subdivision owner or by the community corporation; (j) any leases or licences over the common property of the scheme; (k) accounting records and other documents that ought reasonably to be given to the community corporation; (l) anything included in this definition by the regulations; legally qualified member has the meaning given in the State Administrative Tribunal Act 2004 section 3(1); licensed surveyor has the meaning given in the Licensed Surveyors Act 1909 section 3; licensed valuer has the meaning given in the Land Valuers Licensing Act 1978 section 4; local government means a local government, regional local government or regional subsidiary; lot means — (a) a tier 1 lot; or (b) a tier 2 lot; or (c) a tier 3 lot; Notes for this definition: 1. See, for tier 1, section 8(3), for tier 2, section 9(3) and, for tier 3, section 10(3). 2. Section 11 determines how a lot may be defined, regardless of the tier of the community titles scheme to which the lot belongs. member of a community corporation — see section 17; monetary order has the meaning given in the State Administrative Tribunal Act 2004 section 3(1); mortgage includes a charge for securing money or money's worth; notifiable variation means — (a) a type 1 notifiable variation; or (b) a type 2 notifiable variation; occupier of a lot means a person who occupies the lot on a temporary or permanent basis (either solely or jointly with other persons) and includes a person who is unlawfully in occupation of a lot; officer of a community corporation means a person holding or acting in an office established under, and assigned functions under, the scheme by‑laws; on common property in relation to infrastructure means situated in or on common property; order to act means an order of the Tribunal that — (a) is not a monetary order; and (b) requires a person to take specified action or to refrain from taking specified action; ordinary resolution — see section 106(6); original subdivision owner for a subdivision means the person who owns, will own or owned the lots in a community titles scheme when first created on a subdivision of land given effect by registration of the scheme or an amendment of the scheme; owner of a lot means — (a) a person who is registered as the proprietor of an estate in fee simple in the lot; or (b) if the fee simple is divided into a life estate with a remainder or reversionary interest, the person who is registered as the proprietor of a life estate in the lot to the exclusion of the proprietor of the remainder or reversionary interest in the lot; or (c) if a mortgagee is in possession of the lot, the mortgagee to the exclusion of the persons referred to in the preceding paragraphs; owner of a parcel of land means a person who is registered as the proprietor of an estate in fee simple in the parcel of land; planning approval means an approval of the subdivision of land or development required under the Planning and Development Act 2005 and includes a request under that Act for approval of a scheme plan or an amendment of a scheme plan; Planning Commission means the Western Australian Planning Commission established under the Planning and Development Act 2005; planning scheme has the meaning given in the Planning and Development Act 2005 section 4(1); planning (scheme by‑laws) condition means a condition of a planning approval requiring a community titles scheme to have specified scheme by‑laws, which may include by‑laws that provide that they cannot be amended or repealed without the approval of the Planning Commission, each local government in whose district the tier parcel is situated or some other specified body (such as a government agency or a utility service provider); President has the meaning given in the State Administrative Tribunal Act 2004 section 3(1); proponent of a termination proposal — see section 140(1); public authority means — (a) a Minister of the Crown in right of the State; or (b) an agency or non‑SES organisation within the meanings given in the Public Sector Management Act 1994 section 3(1); or (c) a person declared by the regulations to be a public authority; rating and taxing Acts has the meaning given in the Valuation of Land Act 1978 section 4(1) and includes the Water Services Act 2012 under which a statutory water service charge (within the meaning given in the Water Services Act 2012 section 71(1)) is to be taken to be a rate imposed by the licensee to whom the charge is payable as a rating authority; Register has the meaning given in the Transfer of Land Act 1893 section 4(1); registered lease means a lease registered under the Transfer of Land Act 1893; registered mortgage means a mortgage or charge (including a statutory charge) registered under the Transfer of Land Act 1893; Registrar of Titles means the person holding or acting in the office of Registrar of Titles established under the Transfer of Land Act 1893 section 7; related community corporation — see section 13(6); related community titles scheme — see section 13(6); relative unit entitlement of a lot or tier parcel means the proportion that the unit entitlement of the lot or tier parcel bears to the sum of the unit entitlements of all the lots and tier parcels in the community titles scheme to which the lot or tier parcel belongs; replacement value of an insurable asset means — (a) the amount required to rebuild, replace, repair or restore the asset so that, on completion of the work, the asset is no less extensive and in no worse condition than when the asset was new; and (b) the amount required for costs of demolition, site clearance and the remuneration of architects, surveyors, engineers and other persons whose services are necessary for the rebuilding, replacement, repair or restoration of the asset; reserve fund — see section 85(1)(b); restricted use condition — see section 37(2)(a); Note for this definition: An example of a restricted use is use of a community titles scheme as a retirement village. schedule of unit entitlements for a community titles scheme means the schedule of unit entitlements registered, or proposed to be registered, for the scheme as a scheme document; scheme building means a building shown on a scheme plan for a community titles (building) scheme and by reference to which lots are defined; scheme by‑laws for a community titles scheme means the by‑laws registered, or proposed to be registered, for the scheme as a scheme document; scheme contacts register — see section 92(1); scheme dispute — see section 162(1); scheme document — see section 15(1); scheme function for a community titles scheme means — (a) a function of the community corporation; or (b) a function of the council of the community corporation; or (c) a function of an officer of the community corporation; scheme management contract — see section 118(1)(a); scheme manager — see section 117(1); scheme notice for a community titles scheme means the scheme notice registered, or proposed to be registered, for the scheme as a scheme document; scheme participant — see section 162(2); scheme plan for a community titles scheme means the scheme plan registered, or proposed to be registered, for the scheme as a scheme document; settlement date for a contract for the sale and purchase of a lot means — (a) the date on which the purchase price, or the balance of the purchase price, for the lot is paid in exchange for documents that enable the buyer to be registered as the owner of the lot; or (b) if the contract for the lot is a terms contract within the meaning given in the Sale of Land Act 1970 section 5, the date on which the buyer becomes entitled to possession or occupation of the lot; short form easement or restrictive covenant — see section 38; site value has the meaning given in the Valuation of Land Act 1978 section 4(1); special common property — see section 46(1); special lot — see section 46(1); special resolution — see section 106(7); State planning policy has the meaning given in the Planning and Development Act 2005 section 4(1); statutory easement means an easement under Part 5 Division 2; subdivision of land by a community scheme — see section 14; sustainability infrastructure means infrastructure that is designed or is likely to avoid, remedy or mitigate adverse effects on the environment; Example for this definition: Sustainability infrastructure includes solar panels, clothes lines and rainwater tanks. temporary common property means land leased by a community corporation under section 78(1) and registered as temporary common property in the community titles scheme as a result of inclusion in the description of temporary common property in the scheme plan; termination infrastructure report — see section 147(2); termination proposal — see section 141(1); termination resolution — see section 149; termination valuation report — see section 147(3); tier 1 common property — see section 8(4); tier 1 corporation means the body corporate established under section 17 on registration of a tier 1 scheme; tier 1 lot — see section 8(3); tier 1 parcel — see section 8(2); tier 1 scheme — see section 8(1); tier 2 common property — see section 9(4); tier 2 corporation means the body corporate established under section 17 on registration of a tier 2 scheme; tier 2 lot — see section 9(3); tier 2 parcel — see section 9(2); tier 2 scheme — see section 9(1); tier 3 common property — see section 10(4); tier 3 corporation means the body corporate established under section 17 on registration of a tier 3 scheme; tier 3 lot — see section 10(3); tier 3 parcel — see section 10(2); tier 3 scheme — see section 10(1); tier parcel means — (a) a tier 1 parcel; or (b) a tier 2 parcel; or (c) a tier 3 parcel; Note for this definition: See, for tier 1, section 8(2), for tier 2, section 9(2) and, for tier 3, section 10(2). Transfer of Land Act requirements means requirements determined under the Transfer of Land Act 1893 section 182A; Tribunal means the State Administrative Tribunal; type 1 interest means — (a) the interest of a person who holds the remainder or reversionary interest in land comprised of a lot in a community titles scheme in a case where the owner of the lot holds a life estate in the land; or (b) a registered mortgage; or (c) the interest of a judgment creditor named in a property seizure and sale order registered under section 133 of the Transfer of Land Act 1893; or (d) the interest of a person named in a memorial registered under the Transfer of Land Act 1893 as having a statutory right requiring the consent of the person to any dealing with the land; or (e) a plantation interest registered under the Transfer of Land Act 1893; or (f) a carbon covenant registered under the Transfer of Land Act 1893; (g) a carbon right registered under the Transfer of Land Act 1893; (h) a profit à prendre registered under the Transfer of Land Act 1893; type 2 interest means — (a) a registered lease; or (b) a caveat recorded under the Transfer of Land Act 1893; type 1 notifiable variation means any of the following that occur after a contract for the sale and purchase of a lot in a community titles scheme is entered into but before the settlement date for the contract — (a) the area or size of the lot or proposed lot is reduced by 5% or more from the area or size notified to the buyer before the buyer entered into the contract; (b) the relative unit entitlement, or a reasonable estimate of the relative unit entitlement, of the lot is increased by 5% or more, or decreased by 5% or more, from the relative unit entitlement, or the estimate of the relative unit entitlement, of the lot notified to the buyer before the buyer entered into the contract; (c) anything relating to a proposal for the termination of the community titles scheme is served on the seller by the community corporation; (d) any other event classified by the regulations as a type 1 notifiable variation; type 2 notifiable variation means any of the following that occur after a contract for the sale and purchase of a lot in a community titles scheme is entered into but before the settlement date for the contract and that do not give rise to a type 1 notifiable variation — (a) the community development statement or proposed community development statement or amendment of the community development statement is modified; (b) the scheme plan, or proposed scheme plan or amendment of a scheme plan, for the scheme or a community titles scheme to which the scheme belongs is modified in a way that affects the lot or the common property in which the owner of the lot has an undivided share; (c) the schedule of unit entitlements, or proposed schedule of unit entitlements or amendment of the schedule of unit entitlements, for the scheme is modified in a way that affects the lot; (d) the scheme by‑laws, or proposed scheme by‑laws, for the scheme or a community titles scheme to which the scheme belongs are modified; (e) the community corporation for the scheme, or the original subdivision owner for the subdivision by which the lot is created — (i) enters into a contract for the provision of services or amenities to the community corporation or to members of the community corporation or a contract that is otherwise likely to affect the rights of the buyer; or (ii) varies any existing contract of that kind in a way that is likely to affect the rights of the buyer; (f) a lease, licence, right or privilege over the common property in the scheme or a community titles scheme to which the scheme belongs is granted or varied; (g) any other event classified by the regulations as a type 2 notifiable variation; Note for this definition: For when an amendment of a community titles scheme affects a lot or common property see subsection (2). unit entitlement of a lot or tier parcel — see section 41(1)(a); utility conduit means a conduit for the provision of a utility service (including pipes, wires, cables and ducts); utility infrastructure means infrastructure and equipment necessary for, or related to, the provision of a utility service; utility service means — (a) the collection and passage of stormwater; or (b) the supply of water for drinking or any other use; or (c) a sewerage and drainage service; or (d) a garbage collection service; or (e) a gas, electricity or air service, including air conditioning and heating; or (f) a communication or data service, including telephone, radio, television and internet; or (g) a service classified by the regulations as a utility service; or (h) another like service; utility service easement — see section 56(1); volunteer scheme manager means a scheme manager of a community corporation who — (a) is the owner of a lot in the community scheme; and (b) does not receive any fee, reward or benefit for work performed as a scheme manager other than an honorary fee or reward not exceeding, if an amount is fixed by the regulations, that amount; and (c) personally performs the work of the scheme manager; wall includes a door, window or other structure dividing a lot in a community scheme from common property or from another lot in the community scheme; working day means a day other than a Saturday, a Sunday or a public holiday throughout the State. (2) An amendment of a community titles scheme affects the common property or a lot in the scheme as follows — (a) an amendment of the scheme plan affects the common property if it — (i) modifies the common property; or (ii) creates or discharges an easement or restrictive covenant that benefits or burdens the common property; (b) an amendment of the scheme plan affects a lot if it — (i) modifies the definition of the lot; or (ii) creates or discharges an easement or restrictive covenant that benefits or burdens the lot; (c) an amendment of the schedule of unit entitlements affects a lot or tier parcel if it modifies the unit entitlement of the lot or tier parcel. [Section 3 amended: No. 9 of 2022 s. 346.] 4. Notes and examples not part of Act A note or example set out at the foot of a provision of this Act is provided to assist understanding and does not form part of this Act. 5. Act binds Crown This Act binds the Crown in right of Western Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. Part 2 — Community schemes 6. Legislative framework (1) This Act provides for a form of subdivision of land referred to as subdivision by a community scheme and sets out requirements for that form of subdivision. (2) Relevant planning approvals must be obtained under the Planning and Development Act 2005 for the subdivision of land by a community scheme. (3) Each community titles scheme comprised in a community scheme is to be incorporated in the Register, and certificates of title for lots in the scheme are to be created for community titles, under the Transfer of Land Act 1893. (4) Consequently, this Act must be read together with the Planning and Development Act 2005 and the Transfer of Land Act 1893 to gain a proper understanding of the legislative framework for the subdivision of land by a community scheme. (5) This Act also contains provisions about the governance and operation of community schemes and about scheme managers. Note for this section: The following sections explain how a community scheme is a scheme for the subdivision of a parcel of land by various tiers of community titles schemes. 7. Community scheme (1) Land may be subdivided by a community scheme if — (a) it comprises the whole of a parcel of land; and (b) the parcel of land is freehold land held in fee simple and comprised in a single certificate of title under the Transfer of Land Act 1893; and (c) the parcel of land is not already subdivided by a strata titles scheme under the Strata Titles Act 1985; and (d) the parcel of land is not a caravan park or camping ground within the meanings given in the Caravan Parks and Camping Grounds Act 1995. (2) A community scheme can be comprised of up to, but not more than, 3 tiers of community titles schemes. 8. Community titles scheme — tier 1 scheme (1) A tier 1 scheme is a scheme for the creation of community titles on registration of the scheme so as to — (a) effect a physical division of a parcel of land into — (i) 2 or more lots; or (ii) 2 or more lots and common property; and (b) allow for the lots to be owned and sold or otherwise dealt with separately (except for any lots that are subdivided by tier 2 schemes); and (c) require the common property to be administered by a community corporation that comes into existence under this Act on registration of the community titles scheme; and (d) limit how the common property may be dealt with. (2) A parcel of land subdivided by a tier 1 scheme is referred to as a tier 1 parcel. (3) A lot in a tier 1 scheme is referred to as a tier 1 lot except if the lot is subdivided by a tier 2 scheme. (4) The common property in a tier 1 scheme is referred to as tier 1 common property. 9. Community titles scheme — tier 2 scheme (1) A tier 2 scheme is a scheme for the creation of community titles on registration of the scheme so as to — (a) effect a physical division of a tier 1 lot into — (i) 2 or more lots; or (ii) 2 or more lots and common property; and (b) allow for the lots to be owned and sold or otherwise dealt with separately (except for any lots that are subdivided by tier 3 schemes); and (c) require the common property to be administered by a community corporation that comes into existence under this Act on registration of the community titles scheme; and (d) limit how the common property may be dealt with. (2) A tier 1 lot subdivided by a tier 2 scheme is referred to as a tier 2 parcel. (3) A lot in a tier 2 scheme is referred to as a tier 2 lot, except if the lot is subdivided by a tier 3 scheme. (4) The common property in a tier 2 scheme is referred to as tier 2 common property. 10. Community titles scheme — tier 3 scheme (1) A tier 3 scheme is a scheme for the creation of community titles on registration of the scheme so as to — (a) effect a physical division of a tier 2 lot into — (i) 2 or more lots; or (ii) 2 or more lots and common property; and (b) allow for the lots to be owned and sold or otherwise dealt with separately; and (c) require the common property to be administered by a community corporation that comes into existence under this Act on registration of the community titles scheme; and (d) limit how the common property may be dealt with. (2) A tier 2 lot subdivided by a tier 3 scheme is referred to as a tier 3 parcel. (3) A lot in a tier 3 scheme is referred to as a tier 3 lot. (4) The common property in a tier 3 scheme is referred to as tier 3 common property. 11. Lots — community titles (building) schemes and community titles (land) schemes (1) Lots in a community titles scheme are defined on the scheme plan for the community titles scheme. (2) A lot can be comprised of non‑contiguous parts shown on the scheme plan for the community titles scheme. Example for this subsection: The non‑contiguous parts may be to allow for a separate car parking space or shed to be part of the lot. (3) Lots may be defined on the scheme plan for a community titles scheme in either of the following ways — (a) as lots with defined upper and lower boundaries as well as lateral boundaries, with at least part of each lot defined by reference to a building shown on the scheme plan (a scheme building); (b) as lots defined by reference to an area of land, regardless of whether or not there are buildings on the land. (4) For a lot defined by reference to a scheme building — (a) if a boundary is defined by reference to a wall — the reference is to the inner surface of the wall; and (b) if a boundary is defined by reference to a floor — the reference is to the upper surface of the floor; and (c) if a boundary is defined by reference to a ceiling — the reference is to the under surface of the ceiling; and (d) the lot does not include the following — (i) space occupied by a vertical structural member, not being a wall, of a building; (ii) utility conduits except conduits that are for the exclusive use or enjoyment of the lot; (iii) space enclosed by a structure enclosing utility conduits except such a structure enclosing conduits that are for the exclusive use and enjoyment of the lot. (5) However — (a) subject to paragraph (b), subsection (4) does not apply if a lot is expressly defined in a contrary manner on a scheme plan; and (b) if any part of a lot defined by reference to a scheme building is above or below any part of another lot defined by reference to the scheme building, subsection (4) cannot be excluded. (6) A lot defined by reference to an area of land may include upper and lower boundaries as well as lateral boundaries, provided the land above or below the lot (as the case requires) is common property. (7) A community titles scheme in which lots are defined as set out in subsection (3)(a) is a community titles (building) scheme. (8) A community titles scheme in which lots are defined as set out in subsection (3)(b) is a community titles (land) scheme. (9) All lots and parts of lots in a community titles scheme must be defined in the same way, that is, the way described in subsection (3)(a) or the way described in subsection (3)(b). (10) A lot in a community titles (building) scheme cannot be subdivided by a community titles scheme that is a community titles (land) scheme. (11) A tier 1 lot or tier 2 lot in a community titles (land) scheme can be subdivided by a community titles scheme that is either a community titles (building) scheme or a community titles (land) scheme. (12) A change in the definition of a lot in a community titles scheme does not, of itself, affect any item registered or recorded for the scheme in the Register (even if the lot is assigned a new identifying number). (13) Damage to, or destruction or removal of a wall, floor, ceiling or other structural element by reference to which a lot in a community titles (building) scheme is defined does not of itself affect the definition of the boundaries of the lot (which remain as defined on the scheme plan). (14) If a scheme plan identifies an encroachment outside the tier parcel that is to be controlled and managed as part of a lot, the encroachment is to be regarded, for this Act, as if it were part of the lot. 12. Common property (1) The common property in a community titles scheme is — (a) that part of the tier parcel subdivided by the community titles scheme that does not form part of a lot in the community titles scheme; and (b) temporary common property. (2) The common property includes, for a community titles (building) scheme, those parts of a scheme building that do not form part of a lot. (3) The common property does not include — (a) any land vested in the Crown under the Planning and Development Act 2005 section 152; or (b) any dedicated road under the Planning and Development Act 2005 section 168. (4) If a scheme plan identifies an encroachment outside the tier parcel that is to be controlled and managed as common property, the encroachment is to be regarded, for this Act, as if it were common property. 13. Relationships in and between schemes (1) A lot or common property is in or belongs to the community titles scheme under which it is created. (2) A tier 2 parcel belongs to the tier 1 scheme under which the lot subdivided to become the tier 2 parcel is created. (3) A tier 3 parcel belongs to the tier 2 scheme under which the lot subdivided to become the tier 3 parcel is created. (4) A tier 2 scheme belongs to the tier 1 scheme to which its tier 2 parcel belongs. (5) A tier 3 scheme belongs to the tier 2 scheme to which its tier 3 parcel belongs and also to the tier 1 scheme to which that tier 2 scheme belongs. (6) A community titles scheme is related to each community titles scheme to which it belongs or that belongs to it and the community corporations of the related schemes are related community corporations. (7) The tier 1, 2 and 3 schemes that together comprise a community scheme belong to the community scheme. 14. Subdivision of land by community scheme (1) Land is subdivided by a community scheme — (a) by registration of a community titles scheme that belongs to the community scheme; or (b) by registration of an amendment of a community titles scheme that belongs to the community scheme. (2) Registration of an amendment of a community titles scheme gives effect to a subdivision if it — (a) effects a change to the definition of a lot that belongs to the community titles scheme; or (b) effects a change to the boundary of a tier parcel that belongs to the community titles scheme; or (c) effects a change to the boundary of the tier parcel of the community titles scheme. Note for this section: Subdivision by registration of an amendment of a community titles scheme encompasses re‑subdivision of lots or common property, consolidation of lots, conversion of lots into common property, adding land to, and removing land from, common property and changing the community titles scheme in the community scheme to which a lot or common property belongs. 15. Registration of community titles scheme (1) A community titles scheme is registered when the following documents (the scheme documents) are registered and incorporated in the Register — (a) a scheme notice; (b) a scheme plan; (c) a schedule of unit entitlements; (d) scheme by‑laws. (2) A registered community titles scheme is amended when amendments of the relevant scheme documents, or replacements of the relevant scheme documents, are registered or recorded and incorporated in the Register. Note for this subsection: The amendment may be necessary to give effect to a subdivision of land as referred to in section 14(2)(b) or it may be unrelated to a subdivision of land, comprising, for example — * the amendment of the scheme notice so as to amend the name or address for service of the community corporation; or * the amendment or replacement of the scheme plan for the community titles scheme for a purpose related to an easement or restrictive covenant or a restricted use condition; or * the amendment or replacement of the schedule of unit entitlements for the community titles scheme because of a new valuation of lots; or * the amendment or replacement of scheme by‑laws. (3) In a community scheme — (a) the tier 1 scheme must be registered before any tier 2 scheme can be registered; and (b) the tier 1 scheme and the tier 2 scheme to which a tier 3 scheme belongs must be registered before the tier 3 scheme can be registered. 16. Community titles (1) The title to the land comprised in a lot is a community title. (2) A certificate of title must be created and registered for each community title under the Transfer of Land Act 1893. Note for this subsection: A separate certificate of title is not created for common property or for a tier parcel. (3) On registration of a community titles scheme or an amendment of a community titles scheme to give effect to a subdivision of land, community titles come into existence, cease to exist or are varied as necessary to ensure that — (a) there is 1 community title registered for each lot in the scheme or the scheme as amended; and (b) the community title for a lot confers rights on the owner of the lot as set out in this section. (4) When a new lot is created and a community title comes into existence, it vests as follows — (a) in the case of a parcel of land that is being subdivided, in the person who is, immediately before the new lot is created, the registered proprietor of the land under the Transfer of Land Act 1893; (b) in the case of a lot that is being subdivided, in the person who is, immediately before the new lot is created, the owner of that lot; (c) in the case of common property that is being subdivided, in the persons who are, immediately before the new lot is created, the owners of lots in the community scheme as tenants in common in shares proportional to their respective shares in the common property that is being subdivided. (5) If a lot that is created vests in 2 or more persons, they hold their share in the lot as tenants in common or as joint tenants in the same manner as they owned the land or lot and, if they owned it as tenants in common, in the same proportions as they owned the land or lot. (6) When a community title for a lot comes into existence it confers on the owner of the lot — (a) rights as the proprietor of the lot under the Transfer of Land Act 1893; and (b) for a tier 1 lot — an undivided share in the common property in the lot's tier 1 scheme as a tenant in common with the other owners of lots in the community scheme; and (c) for a tier 2 lot — (i) an undivided share in the common property in the tier 1 scheme to which the lot's tier 2 scheme belongs as a tenant in common with the other owners of lots in the community scheme; and (ii) an undivided share in the common property in the lot's tier 2 scheme as a tenant in common with — (I) the other owners of lots in that tier 2 scheme; and (II) the owners of lots in any tier 3 scheme that belongs to that tier 2 scheme; and (d) for a tier 3 lot — (i) an undivided share in the common property in the tier 1 scheme to which the lot's tier 3 scheme belongs as a tenant in common with the other owners of lots in the community scheme; and (ii) an undivided share in the common property in the tier 2 scheme to which the lot's tier 3 scheme belongs as a tenant in common with — (I) the owners of lots in that tier 2 scheme; and (II) the other owners of lots in that tier 3 scheme; and (III) the owners of lots in any other tier 3 scheme that belongs to that tier 2 scheme; and (iii) an undivided share in the common property in the lot's tier 3 scheme as a tenant in common with the other owners of lots in that tier 3 scheme. (7) The extent of the undivided share in the common property of a community scheme of an owner of a lot is determined as follows — (a) a tier 1 lot owner has a share in the tier 1 common property of the same proportion as the relative unit entitlement of the tier 1 lot; (b) a tier 2 lot owner has — (i) a share in the tier 1 common property of a proportion calculated by multiplying — (I) the relative unit entitlement of the tier 2 lot; and (II) the relative unit entitlement of the tier parcel of the lot's tier 2 scheme; and (ii) a share in the common property in the lot's tier 2 scheme of the same proportion as the relative unit entitlement of the tier 2 lot; (c) a tier 3 lot owner has — (i) a share in the tier 1 common property of a proportion calculated by multiplying — (I) the relative unit entitlement of the tier 3 lot; and (II) the relative unit entitlement of the tier parcel of the lot's tier 3 scheme; and (III) the relative unit entitlement of the tier parcel of the tier 2 scheme to which the lot's tier 3 scheme belongs; and (ii) a share in the common property of the tier 2 scheme to which the lot's tier 3 scheme belongs of a proportion calculated by multiplying — (I) the relative unit entitlement of the tier 3 lot; and (II) the relative unit entitlement of the tier parcel of the lot's tier 3 scheme; and (iii) a share in the common property in the lot's tier 3 scheme of the same proportion as the relative unit entitlement of the tier 3 lot. (8) The owner of a lot cannot separately deal with or dispose of the owner's share in the common property of the community scheme. (9) A dealing under the Transfer of Land Act 1893 affecting the owner's interest in a lot affects, without express reference, the owner's interest in the common property in the same manner and to the same extent. (10) A community title is subject to items registered or recorded for the community titles scheme in the Register to the extent that they affect the lot or common property to which the community title relates. 17. Community corporation (1) On registration of a community titles scheme, a community corporation is established for the community titles scheme. (2) The name and address for service of the community corporation is as provided in the scheme notice for the community titles scheme. (3) A community corporation — (a) is a body corporate; and (b) has perpetual succession; and (c) is capable of suing and being sued in its own name; and (d) has, subject to this Act, all the powers of a natural person that are capable of being exercised by a body corporate. (4) The governing body of a community corporation is a council established under section 111. (5) A community corporation may have a common seal, but it does not have to do so. (6) A tier 1 corporation is comprised of the following members — (a) the owners, for the time being, of the tier 1 lots; (b) for each tier 2 parcel belonging to the tier 1 scheme, the tier 2 corporation. (7) A tier 2 corporation is comprised of the following members — (a) the owners, for the time being, of the tier 2 lots; (b) for each tier 3 parcel belonging to the tier 2 scheme, the tier 3 corporation. (8) A tier 3 corporation is comprised of the owners, for the time being, of the tier 3 lots (who are the members of the community corporation). Part 3 — Planning and development Division 1 — Introduction 18. Planning requirements for subdivision by community scheme (1) Before land can be subdivided by a community scheme — (a) as set out in Division 2, the Planning Commission must approve a community development statement for the community scheme; and (b) if a community development statement is approved for the land then, as set out in Division 3 — (i) a plan of subdivision must be approved under the Planning and Development Act 2005; and (ii) a scheme plan, or an amendment of the scheme plan, for the community titles scheme must be approved under the Planning and Development Act 2005 after completion of — (I) the works necessary for the subdivision; and (II) for a community titles (building) scheme, the construction or modification of the scheme buildings necessary for the subdivision. (2) The Planning Commission will approve a community development statement only if it makes a decision that subdivision by a community scheme is an appropriate form of subdivision for the particular land. 19. Effect of community development statement on planning approvals (1) A community development statement is an instrument that may control — (a) subdivision of land by a community scheme; and (b) development of land subdivided or to be subdivided by a community scheme; and (c) the purposes for which land subdivided or to be subdivided by a community scheme may be used; and (d) staging and sequencing of such subdivision and development; and (e) other matters relevant to a community scheme. (2) While a community development statement is in force for a community scheme (whether or not the scheme is registered) — (a) a subdivision applied for before the commencement of the development period for the community scheme must be approved if it could be carried out consistently with the community development statement; and (b) a subdivision applied for after the commencement of the development period for the community scheme must be approved if — (i) it could be carried out consistently with the community development statement; and (ii) there is at least 4 years until the end of the development period for the scheme to allow for an application to be made for registration of a community titles scheme or an amendment of a community titles scheme to give effect to the subdivision; and Note for this paragraph: An application may be made for extension of the development period. (c) an application for approval of a subdivision or development made before the end of the development period for the community scheme must not be approved if it is inconsistent with the community development statement; and Note for this paragraph: The community development statement may be amended to accommodate a subdivision or development that would otherwise be inconsistent. (d) due regard must be had to the community development statement in determining an application for approval of a subdivision or development in any other circumstances. (3) Subsection (2) does not limit the conditions that may be imposed on a planning approval, although conditions that are inconsistent with the community development statement must not be imposed after the statement is approved and before the end of the development period for the community scheme. (4) A community development statement comes into force at the beginning of the day of its approval under this Part and remains in force until it ceases to have effect under this Part. 20. Waiver of other requirements relating to plans or instruments (1) The Planning Commission may, by instrument in writing, waive requirements for the preparation of particular plans or instruments under a planning scheme or interim development order for land that is or is proposed to be divided by a community scheme if satisfied that the preparation of the plans or instruments is not necessary taking into account the existence of a community development statement. (2) Before waiving the requirements, the Planning Commission must consult with each local government in whose district the community scheme is, or is proposed to be, situated. Division 2 — Community development statement 21. Application to approve statement or amendment (1) A person may apply to the Planning Commission for approval of — (a) a community development statement; or (b) an amendment of a community development statement. (2) The application must be accompanied by — (a) if it is an application for approval of a community development statement — (i) a statement of the grounds on which it is proposed that subdivision by a community scheme is an appropriate form of subdivision for the particular land; and (ii) a draft community development statement; and (b) if it is an application for approval of an amendment of a community development statement — (i) a draft amendment of the community development statement (in the form of a separate textual amendment that directly changes the material in the statement or a marked up version of the statement showing the changes); and (ii) a consolidated version of the community development statement including the amendments; and (iii) if the community scheme has been registered, evidence to the satisfaction of the Planning Commission that the tier 1 corporation has by special resolution approved of the amendment. (3) The Planning Commission may require the applicant to provide additional information reasonably required for determination of the application. (4) If the additional information is not provided, the Planning Commission may refuse the application. 22. Comments from local government and others (1) Within 7 days after an application for approval of a community development statement or an amendment of a community development statement is made to the Planning Commission, the Planning Commission must refer the application for comment to — (a) each local government in whose district the land is situated; and (b) each public authority or utility service provider the performance of whose functions the Planning Commission considers may be affected by the subdivision of the land. (2) A local government to which an application is referred must advertise the application for public comment. (3) A referral or advertisement of an application must — (a) be accompanied by a copy of the draft community development statement or amendment of the community development statement or specify how a copy of the draft may be obtained; and (b) specify how comments may be made and the period within which they must be made. (4) The regulations must specify a minimum period that must be allowed for comments to be made. (5) If comments are received by a local government, the comments must be passed on to the Planning Commission. (6) The Planning Commission must give due regard to comments received on the application within the period for comment or such longer period as the Planning Commission allows. 23. Decision as to appropriate form of subdivision (1) On an application to approve a community development statement, the Planning Commission must decide whether subdivision by a community scheme is an appropriate form of subdivision for the particular land. (2) In making that decision, the Planning Commission must have due regard — (a) to relevant State planning policies; and (b) to planning schemes or interim development orders that have effect in the locality in which the land is situated; and (c) to whether some other form of subdivision of land or no subdivision would be more appropriate in the circumstances to achieve orderly and proper planning, and the preservation of the amenity, of the locality in which the land is situated; and (d) to comments received under section 22; and (e) to any other matter set out in the regulations. (3) The Planning Commission must not make a decision that conflicts with a relevant State planning policy or a planning scheme or interim development order that has effect in the locality in which the land is situated. (4) If the Planning Commission decides that subdivision by a community scheme is not an appropriate form of subdivision for the particular land, the Planning Commission must refuse the application and give the applicant written notice of the refusal and the reasons for the refusal. 24. Approval of community development statement or amendment (1) A com