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Queensland
INTEGRATED RESORT
DEVELOPMENT
AMENDMENT BILL 1993
Queensland
INTEGRATED RESORT DEVELOPMENT
AMENDMENT BILL 1993
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of s.3 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5 Replacement of s.9 (Decision upon application) . . . . . . . . . . . . . . . . . . . . . 9
9 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6 Replacement of s.10 (Copy of approved scheme to be sent to
Registrar of Titles and Local Authority) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
10 Notation of approved scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
7 Replacement of s.16 (Decision upon application) . . . . . . . . . . . . . . . . . . . . 10
16 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
8 Replacement of s.19 (Approved scheme regulates development
etc. of site) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
19 Approved scheme regulates development etc. of site . . . . . . . . . . . . 11
9 Amendment of s.20 (Application of provisions of this Act) . . . . . . . . . . . . . 12
10 Replacement of ss.2124 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
21 Application for revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
22 Revocation of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
23 Notation of revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
24 Effect of revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
11 Amendment of s.24C (Revocation of provisional approval) . . . . . . . . . . . . 14
12 Insertion of new ss.24CA and 24CB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
24CA Approval of revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
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Integrated Resort Development Amendment
24CB Notation of revocation of provisional approval . . . . . . . . . . . . . . . . . 15
13 Amendment of s.24D (Application for subsequent stages) . . . . . . . . . . . . . . 15
14 Replacement of ss.2527 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
25 The site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
26 Grant of Crown land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
27 Site forms part of local authority area . . . . . . . . . . . . . . . . . . . . . . . . 16
15 Insertion of new heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Subdivision A--Creation of initial lots and primary thoroughfare
16 Amendment of s.29 (Approval of Local Authority) . . . . . . . . . . . . . . . . . . . . 17
17 Amendment of s.30 (Registration of initial plan of subdivision) . . . . . . . . . 17
18 Insertion of new headings and ss.31A31Q . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Subdivision B--Subdivision of initial lots
31A Subdivision of initial lot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
31B Approval of local authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
31C Registration of plan of subdivision of initial lot . . . . . . . . . . . . . . . . 19
31D Notice of subdivision to primary thoroughfare body corporate . . . . . 19
31E Notice of subdivision to principal body corporate . . . . . . . . . . . . . . . 20
Subdivision C--Amalgamation of initial lots
31F Amalgamation of initial lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
31G Approval of local authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
31H Registration of plan of amalgamation of initial lots . . . . . . . . . . . . . 21
31I Notice of amalgamation to primary thoroughfare body corporate . . 21
31J Notice of amalgamation to principal body corporate . . . . . . . . . . . . 21
Subdivision D--Subdivision of initial lots by building units or group
titles plan
31K Subdivision by building units or group titles plan . . . . . . . . . . . . . . . 22
31L Approval of building units or group titles plan . . . . . . . . . . . . . . . . . 23
31M Registration of building units or group titles plan . . . . . . . . . . . . . . . 23
31N Subdivision of group title lot by building units plan . . . . . . . . . . . . . 23
31O Subdivision of group title lot by group titles plan . . . . . . . . . . . . . . . 24
31P Lot entitlement if group title lot to be subdivided by a
building units plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
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Integrated Resort Development Amendment
31Q Application of Building Units and Group Titles Act to
subdivisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
19 Insertion of new ss.35A35D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
35A Amalgamation of secondary lot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
35B Approval of local authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
35C Registration of plan of amalgamation of secondary lots . . . . . . . . . 26
35D Notice of amalgamation to principal body corporate . . . . . . . . . . . . 26
20 Insertion of new s.36A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
36A Notice of subdivision to principal body corporate . . . . . . . . . . . . . . . 26
21 Omission of ss.4345 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
22 Insertion of new Division 4 of Part 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 4--Matters applying to subdivision generally
Subdivision A--Extinguishment of plans
46A Extinguishment of plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
46B Order of Supreme Court to extinguish plan . . . . . . . . . . . . . . . . . . . . 27
46C Registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
46D Notification of local authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Subdivision B--Boundary adjustment plans
46E Boundary adjustment plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
46F Registration of boundary adjustment plan . . . . . . . . . . . . . . . . . . . . . 30
46G Effect of boundary adjustment plan . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Subdivision C--Easements
46H Implied easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
46I Ancillary rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
46J Creation of easements by special resolution . . . . . . . . . . . . . . . . . . . 32
Subdivision D--Sequential plans
46K Approval of sequential plans by local authority . . . . . . . . . . . . . . . . 33
46L Registration of sequential plans by Registrar of Titles . . . . . . . . . . . 33
23 Replacement of ss.4955 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
49 Construction of floating buildings and special buildings . . . . . . . . . 33
50 Tidal waters within jurisdiction of authorities . . . . . . . . . . . . . . . . . . 34
51 Obligation of authorities to maintain or undertake works . . . . . . . . . 34
52 Movement of vessels on tidal waters . . . . . . . . . . . . . . . . . . . . . . . . . 34
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Integrated Resort Development Amendment
53 Application of laws relating to design and construction etc. . . . . . . 35
54 Statutory charges and valuation of land . . . . . . . . . . . . . . . . . . . . . . . 35
55 Modification of powers of authorities . . . . . . . . . . . . . . . . . . . . . . . . . 35
24 Replacement of s.56A (Construction of canals) . . . . . . . . . . . . . . . . . . . . . . 36
56A Construction of canals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
25 Insertion of new s.57A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
57A Maintenance of canals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
26 Amendment of s.60A (Surrender of canal to the Crown) . . . . . . . . . . . . . . . 37
27 Amendment of s.70 (Meetings of primary thoroughfare body corporate) . . 37
28 Insertion of new s.70A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
70A Change of annual general meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
29 Amendment of s.74 (Power of entry) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
30 Insertion of new s.74A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
74A Maintenance of services within lots or common property . . . . . . . . 38
31 Amendment of s.75B (Community facilities on primary thoroughfare) . . . 40
32 Amendment of s.76 (Duties of primary thoroughfare body corporate) . . . . . 40
33 Amendment of s.78 (Notices to be given by proprietors) . . . . . . . . . . . . . . . 40
34 Amendment of s.86 (Chairman, secretary and treasurer of
executive committee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
35 Replacement of s.93A (Effect of subdivision in subsequent stage) . . . . . . . 41
93A Effect of subdivision in subsequent stage . . . . . . . . . . . . . . . . . . . . . 41
36 Amendment of s.99 (Meetings of principal body corporate) . . . . . . . . . . . . 42
37 Insertion of new s.99A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
99A Change of annual general meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
38 Amendment of s.102 (Power of entry) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
39 Insertion of new ss.103A and 103B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
103A Leases to principal body corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
103B Community facilities on secondary thoroughfare . . . . . . . . . . . . . . . 43
40 Amendment of s.104 (Duties of principal body corporate) . . . . . . . . . . . . . . 44
41 Amendment of s.106 (Notices to be given by proprietors) . . . . . . . . . . . . . . 44
42 Amendment of s.114 (Chairman, secretary and treasurer of
executive committee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
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Integrated Resort Development Amendment
43 Replacement of Division 2A of Part 7 (Additional principal
bodies corporate) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Division 3--Additional principal bodies corporate or increase in
membership of existing principal body corporate
121A Effect of subdivision of residential precinct in subsequent stage . . 45
121B Procedure for increase in membership of existing principal
body corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
121C Meeting of expanded principal body corporate . . . . . . . . . . . . . . . . . 46
121D Levies and funds of expanded principal body corporate . . . . . . . . . . 46
121E Application of Division 2 to expanded principal body corporate . . . 47
121F Application of Act to new principal body corporate . . . . . . . . . . . . . 47
121G Agreements with another principal body corporate . . . . . . . . . . . . . . 47
44 Replacement of s.128 (Proceedings for offences) . . . . . . . . . . . . . . . . . . . . . 47
127 Penalties paid to General Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
45 Replacement of s.131 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
128 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
129 Renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 50
MINOR AMENDMENTS
1993
A BILL
FOR
An Act to amend the Integrated Resort Development Act 1987
8
Integrated Resort Development Amendment
BE IT ENACTED by the Queen's Most Excellent Majesty, by and with 1
the advice and consent of the Legislative Assembly of Queensland in 2
Parliament assembled, and by the authority of the same, as follows. 3
title 4
Short
This Act may be cited as the Integrated Resort Development 5
Clause1.
Amendment Act 1993. 6
7
Commencement
Clause2. This Act commences on a day to be fixed by proclamation. 8
Act 9
Amended
The Integrated Resort Development Act 1987 is amended as set 10
Clause3.
out in this Act. 11
of s.3 (Interpretation) 12
Amendment
Section 3-- 13
Clause4.
insert-- 14
` "chief executive" means the chief executive of the department; 15
"drainage" includes drainage for the product of rain, storm, soakage, a 16
spring or seepage; 17
"service" means-- 18
(a) a service for-- 19
(i) water, sewage or drainage; or 20
(ii) gas, electricity or oil; or 21
(iii) air conditioning; or 22
(iv) garbage; or 23
(b) a service for television, telephone or another means of 24
telecommunication; or 25
(c) another service prescribed by regulation;'. 26
9
Integrated Resort Development Amendment
of s.9 (Decision upon application) 1
Replacement
Section 9-- 2
Clause5.
omit, insert-- 3
on application 4
`Decision
`9.(1) The Governor in Council may-- 5
(a) approve the scheme; or 6
(b) approve the scheme with modifications or subject to conditions; 7
or 8
(c) refuse to approve the scheme. 9
`(2) If the Governor in Council approves the scheme, the chief executive 10
must-- 11
(a) notify the approval of the scheme by a Gazette notice that 12
specifies-- 13
(i) the modifications (if any) made by the approval and the 14
conditions (if any) to which the approval is subject; and 15
(ii) the places where a copy of the approved scheme is available 16
for inspection; and 17
(b) keep a copy of the approved scheme available for inspection at the 18
office of the chief executive at Brisbane at all times during which 19
the office is open for the transaction of public business; and 20
(c) note the approval on the plan of development; and 21
(d) send a copy of the approved scheme and the plan of development 22
to the Registrar of Titles and the local authority. 23
`(3) The chief executive must, on payment by a person of the reasonable 24
fee decided by the chief executive, give a copy of the approved scheme to 25
the person.'. 26
of s.10 (Copy of approved scheme to be sent to Registrar 27
Replacement
of Titles and Local Authority) 28
Section 10-- 29
Clause6.
omit, insert-- 30
10
Integrated Resort Development Amendment
of approved scheme 1
`Notation
`10. The local authority and the chief executive must each make an 2
appropriate notation of the approved scheme on-- 3
(a) relevant zoning maps; and 4
(b) any relevant regulatory maps; and 5
(c) any relevant development control plan maps.'. 6
of s.16 (Decision upon application) 7
Replacement
Section 16-- 8
Clause7.
omit, insert-- 9
on application 10
`Decision
`16.(1) The Governor in Council may-- 11
(a) approve the amendment; or 12
(b) approve the amendment with modifications or subject to 13
conditions; or 14
(c) refuse to approve the amendment. 15
`(2) If the Governor in Council approves the amendment, the chief 16
executive must-- 17
(a) notify the approval of the amendment by a Gazette notice that 18
specifies-- 19
(i) the modifications (if any) made by the approval and the 20
conditions (if any) to which the approval is subject; and 21
(ii) the places where a copy of the approved amendment is 22
available for inspection; and 23
(b) keep a copy of the approved amendment available for inspection 24
at the office of the chief executive at Brisbane at all times during 25
which the office of the chief executive is open for the transaction 26
of public business; and 27
(c) note the approval on any plan of development; and 28
(d) send a copy of the approved amendment and any plan of 29
11
Integrated Resort Development Amendment
development each endorsed by the chief executive to the Registrar 1
of Titles and the local authority. 2
`(3) The chief executive must, on payment by a person of the reasonable 3
fee decided by the chief executive, give a copy of the amendment to the 4
person. 5
`(4) The Registrar of Titles must note the amendment on the plan of 6
development.'. 7
of s.19 (Approved scheme regulates development etc. of 8
Replacement
site) 9
Section 19-- 10
Clause8.
omit, insert-- 11
scheme regulates development etc. of site 12
`Approved
`19.(1) The approved scheme regulates the development and use of land 13
within the site. 14
`(2) The approved scheme modifies any planning scheme in force in 15
relation to the site to the extent the planning scheme is inconsistent with the 16
approved scheme. 17
`(3) However, the approved scheme cannot increase the uses permitted 18
by the planning scheme. 19
`(4) Part 5 (Subdivision applications) of the Local Government 20
(Planning and Environment) Act 1990 does not apply to the site. 21
`(5) Subdivision of land by-laws made under the Local Government Act 22
1936 do not apply to the site. 23
`(6) By-laws or ordinances made by a local authority under any Act do 24
not apply to the site so far as they are inconsistent with this Act or the 25
approved scheme. 26
`(7) Any land, building or structure may be used within a precinct 27
without the consent of the local authority for any of the purposes set out in 28
the approved scheme as a permitted use in relation to the precinct. 29
`(8) A person must not use land, or a building or other structure, within a 30
precinct for a use that is not a use specified in the approved scheme as a 31
permitted use in relation to the precinct. 32
12
Integrated Resort Development Amendment
Maximum penalty for subsection (8)--200 penalty units.'. 1
of s.20 (Application of provisions of this Act) 2
Amendment
Section 20(1)(b)-- 3
Clause9.(1)
omit `Order in Council approving', insert `approval of'. 4
(2) Section 20(2)-- 5
omit, insert-- 6
`(2) The Governor in Council may vary provisions specified under 7
subsection (1)(b). 8
`(3) If the Governor in Council varies the provisions, the chief executive 9
must notify the variation by Gazette notice.'. 10
of ss.2124 11
Replacement
Sections 21 to 24-- 12
Clause10.
omit, insert-- 13
for revocation 14
`Application
`21.(1) The applicant may apply to the Minister for revocation of the 15
approved scheme. 16
`(2) The application may be made only if no plan of subdivision has been 17
registered under this Act. 18
`(3) However, the application may be made if all plans that have been 19
registered have been extinguished under section 46A. 20
`(4) If all plans have been extinguished, the application for revocation 21
must be made by all proprietors within the site. 22
`(5) The Minister must consider the application and discuss it with the 23
local authority. 24
of approval 25
`Revocation
`22.(1) The Governor in Council may-- 26
(a) approve the revocation; or 27
13
Integrated Resort Development Amendment
(b) approve the revocation subject to conditions; or 1
(c) refuse to approve the revocation. 2
`(2) If the Governor in Council approves the revocation, the chief 3
executive must-- 4
(a) notify the approval of revocation by a Gazette notice that 5
specifies-- 6
(i) the conditions (if any) to which the approval is subject; and 7
(ii) the places where a copy of the approved revocation is 8
available for inspection; and 9
(b) keep a copy of the approval available for inspection at the office 10
of the chief executive at Brisbane at all times during which the 11
office is open for the transaction of public business; and 12
(c) note the revocation on the plan of development; and 13
(d) send a copy of the approval to the Registrar of Titles and the local 14
authority. 15
`(3) The chief executive must, on payment by a person of the reasonable 16
fee decided by the chief executive, give a copy of the approval of the 17
revocation to the person. 18
`(4) The Registrar of Titles must note the revocation on the plan of 19
development. 20
of revocation 21
`Notation
`23. The local authority and chief executive must each make an 22
appropriate notation of the revocation of the approved scheme on-- 23
(a) relevant zoning maps; and 24
(b) any relevant regulatory maps; and 25
(c) any relevant development control maps. 26
of revocation 27
`Effect
`24.(1) On revocation of an approved scheme-- 28
(a) the provisions of this Act that applied because of the approved 29
14
Integrated Resort Development Amendment
scheme no longer apply; and 1
(b) the provisions of the Canals Act 1958 prescribed for the purposes 2
of section 56A again apply. 3
`(2) Nothing in subsection (1) affects anything lawfully done before the 4
revocation of the approved scheme.'. 5
of s.24C (Revocation of provisional approval) 6
Amendment
Clause11. Section 24C(6), (7) and (8)-- 7
omit. 8
of new ss.24CA and 24CB 9
Insertion
Clause12. After section 24C-- 10
insert-- 11
of revocation 12
`Approval
`24CA.(1) The Governor in Council may-- 13
(a) approve the revocation; or 14
(b) approve the revocation with modifications or subject to specified 15
conditions; or 16
(c) refuse to approve the revocation. 17
`(2) If the Governor in Council approves the revocation, the chief 18
executive must-- 19
(a) notify the approval of the revocation by a Gazette notice that 20
specifies-- 21
(i) the modifications (if any) made by the approval and the 22
conditions (if any) to which the approval is subject; and 23
(ii) the places where a copy of the approved revocation is 24
available for inspection; and 25
(b) keep a copy of the approval available for inspection at the office 26
of the chief executive at Brisbane at all times during which the 27
office if open for the transaction of public business; and 28
15
Integrated Resort Development Amendment
(c) note the revocation on the plan of development; and 1
(d) send a copy of the revocation to the Registrar of Titles and the 2
local authority. 3
`(3) The chief executive must, on payment by a person of the reasonable 4
fee decided by the chief executive, give a copy of the approval of the 5
revocation to the person. 6
`(4) The Registrar of Titles must note the revocation on the plan of 7
development. 8
of revocation of provisional approval 9
`Notation
`24CB. The local authority and the chief executive must each make an 10
appropriate notation of the revocation on-- 11
(a) relevant zoning maps; and 12
(b) any relevant regulatory maps; and 13
(c) any relevant development control plan maps.'. 14
of s.24D (Application for subsequent stages) 15
Amendment
Section 24D(6)-- 16
Clause13.
omit, insert-- 17
`(6) A person must not use construction works that have been 18
undertaken in a future development area unless the works are situated in a 19
subsequent stage that has been approved under Division 1 of Part 2. 20
Maximum penalty--200 penalty units.'. 21
of ss.2527 22
Replacement
Sections 25 to 27-- 23
Clause14.
omit, insert-- 24
site 25
`The
`25.(1) The site of an approved scheme consists of all land within the 26
boundaries of the site set out in the approved scheme. 27
16
Integrated Resort Development Amendment
`(2) The site must consist only of freehold land and land intended to be 1
freeholded. 2
`(3) Despite any other Act or law, the site may include land mentioned in 3
subsection (2) that is, or may become, inundated by water or subject to tidal 4
influence. 5
`(4) The boundaries of the site may enclose 2 or more parcels of land, 6
but only to the extent that this is necessary because a road, railway, tramway 7
or boundary watercourse that is not intended to be freeholded divides the 8
parcels. 9
of Crown land 10
`Grant
`26.(1) The power conferred by the Land Act 1962 on the Governor in 11
Council to grant in fee simple any Crown land within Queensland includes, 12
in relation to Crown land included or to be included as part of a scheme, 13
power to grant the land in fee simple to an applicant, on payment of the 14
amount that the Governor in Council determines, in priority to and to 15
exclusion of all other persons. 16
`(2) Subsection (1) applies despite the Land Act 1962. 17
`(3) The power applies only to land-- 18
(a) that is necessary to regularise the boundaries of the site and is 19
required in relation to works to be carried out on the site; and 20
(b) that, following development of the site, is of a shape that cannot 21
reasonably be used otherwise than in relation to the site. 22
forms part of local authority area 23
`Site
`27.(1) If a part of the site is not within the area of any local authority, the 24
part forms part of the area of the local authority to which application in 25
relation to a scheme was made. 26
`(2) Subsection (1) applies despite any other Act.'. 27
of new heading 28
Insertion
Clause15. Part 4, after Division 1 heading-- 29
17
Integrated Resort Development Amendment
insert-- 1
A--Creation of initial lots and primary thoroughfare'. 2
`Subdivision
of s.29 (Approval of Local Authority) 3
Amendment
Clause16.(1) Section 29(1)(a)-- 4
omit, insert-- 5
`(a) each lot has access to a dedicated road outside the site directly or 6
through the lot or lots that comprise the primary thoroughfare, on 7
which there is, or is to be, a road; and'. 8
(2) Section 29(5)-- 9
omit, insert-- 10
`(5) For the purposes of subsection (1)(a)-- 11
(a) if the site is on an island and there is no dedicated road adjoining 12
the site--an initial lot is taken to have access to a dedicated road if 13
the lot or the primary thoroughfare on which there is, or is to be, a 14
road adjoins the foreshore; or 15
(b) if the site is remote and there is no dedicated road adjoining the 16
site--an initial lot is taken to have access to a dedicated road if the 17
Minister has advised the local authority that the Minister is 18
satisfied that there is appropriate access to the site. 19
`(6) If an initial lot is taken to have access to a dedicated road under 20
subsection (5), a lot is also taken to have access to a dedicated road if 21
created by the subdivision of-- 22
(a) an initial lot; or 23
(b) a lot created by the subdivision of an initial lot. 24
`(7) Subsection (6) has effect subject to the provisions of this Act that 25
relate to access.'. 26
of s.30 (Registration of initial plan of subdivision) 27
Amendment
Section 30(3)-- 28
Clause17.(1)
omit. 29
18
Integrated Resort Development Amendment
(2) Section 30(4)-- 1
renumber as subsection (3). 2
of new headings and ss.31A31Q 3
Insertion
Clause18. After section 31 (in Division 1)-- 4
insert-- 5
`Subdivision B--Subdivision of initial lots 6
of initial lot 7
`Subdivision
`31A.(1) The proprietor of an initial lot may subdivide it by a plan of 8
subdivision into 2 or more initial lots. 9
`(2) The plan of subdivision must-- 10
(a) be lodged with the local authority; and 11
(b) in the case of the subdivision of an initial lot that is not within a 12
residential precinct--be accompanied by a schedule setting out the 13
voting entitlement that is to apply to each initial lot created by the 14
plan; and 15
(c) in the case of the subdivision of an initial lot that is within a 16
residential precinct--be accompanied by a schedule setting out the 17
maximum number of lots into which each initial lot created by the 18
plan may be subdivided. 19
of local authority 20
`Approval
`31B. A local authority may approve a plan of subdivision that 21
subdivides an initial lot only if it is satisfied that-- 22
(a) in the case of an initial lot that is not within a residential 23
precinct--the total voting entitlement that is to apply to the new 24
initial lots equals the voting entitlement that applies to the initial 25
lot being subdivided; and 26
(b) in the case of an initial lot that is within a residential precinct--the 27
total of the maximum number of lots into which each initial lot 28
may be subdivided, equals the maximum number of lots that 29
19
Integrated Resort Development Amendment
applies to the initial lot being subdivided; and 1
(c) each new initial lot has access to a dedicated road outside the site 2
directly or through the primary thoroughfare on which there is, or 3
is to be, a road. 4
of plan of subdivision of initial lot 5
`Registration
`31C.(1) The Registrar of Titles may register a plan of subdivision that 6
subdivides an initial lot only if-- 7
(a) in the case of an initial lot that is not within a residential 8
precinct--it is accompanied by a schedule setting out the voting 9
entitlement that is to apply to each initial lot created by the plan; 10
and 11
(b) in the case of an initial lot that is within a residential precinct--it is 12
accompanied by a schedule setting out the maximum number of 13
lots into which each initial lot created by the plan may be 14
subdivided; and 15
(c) the plan and the schedule have been approved by the local 16
authority. 17
`(2) In determining whether a lot has access to a dedicated road, the 18
Registrar of Titles is not obliged to make inquiries but may rely on the local 19
authority's approval of the plan. 20
of subdivision to primary thoroughfare body corporate 21
`Notice
`31D. On registration of a plan subdividing an initial lot that is not within 22
a residential precinct, the proprietor of the new initial lots must give written 23
notice to the primary thoroughfare body corporate of-- 24
(a) the proprietor's full name and address for service; and 25
(b) the date of registration of the plan; and 26
(c) the description of the initial lot subdivided; and 27
(d) the description of the new initial lots; and 28
(e) the voting entitlement that applies to each new initial lot. 29
20
Integrated Resort Development Amendment
of subdivision to principal body corporate 1
`Notice
`31E. On registration of a plan subdividing an initial lot that is within a 2
residential precinct, the proprietor of the new initial lots must give written 3
notice to the principal body corporate of-- 4
(a) the proprietor's full name and address for service; and 5
(b) the date of registration of the plan; and 6
(c) the description of the initial lot subdivided; and 7
(d) the description of the new initial lots; and 8
(e) the maximum number of lots into which each new initial lot may 9
be subdivided. 10
`Subdivision C--Amalgamation of initial lots 11
of initial lots 12
`Amalgamation
`31F.(1) The proprietor of 2 or more initial lots within the same precinct 13
may amalgamate the lots by a plan of amalgamation. 14
`(2) The plan of amalgamation must-- 15
(a) be lodged with the local authority; and 16
(b) in the case of the amalgamation of initial lots that are not within a 17
residential precinct--be accompanied by a schedule setting out the 18
voting entitlement that is to apply to the new initial lot; and 19
(c) in the case of the amalgamation of initial lots that are within a 20
residential precinct--be accompanied by a schedule setting out the 21
maximum number of lots into which the new initial lot may be 22
subdivided. 23
of local authority 24
`Approval
`31G. A local authority may approve a plan of amalgamation that 25
amalgamates initial lots only if it is satisfied that-- 26
(a) in the case of initial lots that are not within a residential 27
precinct--the voting entitlement that is to apply to the new initial 28
21
Integrated Resort Development Amendment
lot equals the total voting entitlement that applies to the initial lots 1
being amalgamated; and 2
(b) in the case of initial lots that are within a residential precinct--the 3
maximum number of lots into which the new initial lot may be 4
subdivided equals the total of the maximum number of lots into 5
which the initial lots being amalgamated could have been 6
subdivided. 7
of plan of amalgamation of initial lots 8
`Registration
`31H. The Registrar of Titles may register a plan of amalgamation only 9
if-- 10
(a) in the case of the amalgamation of initial lots that are not within a 11
residential precinct--it is accompanied by a schedule setting out 12
the voting entitlement that is to apply to the new initial lot; and 13
(b) in the case of the amalgamation of initial lots that are within a 14
residential precinct--it is accompanied by a schedule setting out 15
the maximum number of lots into which the new initial lot may 16
be subdivided; and 17
(c) the plan and schedule have been approved by the local authority. 18
of amalgamation to primary thoroughfare body corporate 19
`Notice
`31I. On registration of a plan amalgamating initial lots that are not 20
within a residential precinct, the proprietor of the new initial lot must give 21
written notice to the primary thoroughfare body corporate of-- 22
(a) the proprietor's full name and address for service; and 23
(b) the date of registration of the plan; and 24
(c) the description of the initial lots amalgamated; and 25
(d) the description of the new initial lot; and 26
(e) the voting entitlement that applies to the new initial lot. 27
of amalgamation to principal body corporate 28
`Notice
`31J. On registration of a plan amalgamating initial lots that are within a 29
22
Integrated Resort Development Amendment
residential precinct, the proprietor of the new initial lot must give written 1
notice to the principal body corporate of-- 2
(a) the proprietor's full name and address for service; and 3
(b) the date of registration of the plan; and 4
(c) the description of the initial lots amalgamated; and 5
(d) the description of the new initial lot; and 6
(e) the maximum number of lots into which the new initial lot may 7
be subdivided. 8
`Subdivision D--Subdivision of initial lots by building units or group 9
titles plan 10
by building units or group titles plan 11
`Subdivision
`31K.(1) An initial lot that is not within a residential precinct may be 12
subdivided by a building units or group titles plan. 13
`(2) A building units or group titles plan must be lodged with the local 14
authority. 15
`(3) A group titles plan must be accompanied by a statement by the 16
proprietor of the initial lot-- 17
(a) indicating whether or not it is proposed to subdivide any lot 18
created by the group titles plan by the registration of a building 19
units plan; and 20
(b) if it is proposed to do so--identifying the lot. 21
`(4) If-- 22
(a) a group titles plan creates lots; and 23
(b) at least 1 of the lots is proposed to be further subdivided by the 24
registration of a building units plan; 25
the group titles plan must be accompanied by a schedule setting out, in 26
relation to each lot proposed to be further subdivided, the maximum 27
number of lots into which the lot may be subdivided. 28
`(5) Each lot on a group titles plan must have access to a dedicated road 29
23
Integrated Resort Development Amendment
whether directly or through-- 1
(a) the primary thoroughfare on which there is, or is to be, a road; or 2
(b) the common property. 3
of building units or group titles plan 4
`Approval
`31L.(1) A local authority may approve a group titles plan and schedule 5
only if-- 6
(a) the plan is accompanied by-- 7
(i) the statement mentioned in section 31K(3); and 8
(ii) if applicable--the schedule mentioned in section 31K(4); 9
and 10
(b) it is satisfied that each lot created has the access mentioned in 11
section 31K(5). 12
`(2) A local authority may approve a building units plan that subdivides a 13
group title lot only if it is satisfied that the group title lot has the access 14
mentioned in section 31K(5). 15
`(3) If the schedule accompanying a group titles plan indicates that it is 16
proposed to further subdivide any lot created, the local authority must 17
endorse that fact on the plan. 18
of building units or group titles plan 19
`Registration
`31M.(1) The Registrar of Titles may register a building units or a group 20
titles plan only if the plan, and, if applicable, the schedule accompanying the 21
plan, have been approved by the local authority. 22
`(2) In determining whether a lot has access to a dedicated road, the 23
Registrar of Titles is not obliged to make inquiries but may rely on the local 24
authority's approval of the plan. 25
of group title lot by building units plan 26
`Subdivision
`31N.(1) If the statement accompanying a group titles plan identifies a 27
group title lot that is proposed to be subdivided by way of a building units 28
plan, the building units plan may be-- 29
24
Integrated Resort Development Amendment
(a) approved by the local authority; and 1
(b) registered by the Registrar of Titles. 2
`(2) The first proviso to section 10(1) of the Building Units and Group 3
Titles Act 1980 does not apply to a subdivision by a building units plan 4
mentioned in subsection (1). 5
`(3) Despite the Building Units and Group Titles Act 1980, the 6
registration of a building units plan under subsection (1) has effect as if the 7
subdivision by the plan were a subdivision of the original group titles plan. 8
`(4) If a building units plan subdivides a lot created by a group titles plan, 9
a further body corporate is not created by registration of the building units 10
plan. 11
`(5) For the purposes of the Building Units and Group Titles Act 1980, 12
the body corporate created by registration of the group titles plan is taken to 13
be the body corporate created by the registration of the building units plan. 14
`(6) Subsections (4) and (5) apply despite section 27 of the Building 15
Units and Group Titles Act 1980. 16
of group title lot by group titles plan 17
`Subdivision
`31O.(1) Before a group title lot is subdivided by a building units plan, it 18
may be subdivided by a group titles plan. 19
`(2) Section 31K(3) and (4) apply to the subdivision of a group title lot 20
by a group titles plan as if it were the subdivision of an initial lot by a group 21
titles plan. 22
`(3) The number of lots created by the subdivision of the group title lot 23
by a further group titles plan, and then by a building units plan, must not 24
exceed the number of lots indicated on the schedule mentioned in 25
section 31K(4) in relation to the subdivision of the initial lot by the group 26
titles plan. 27
`(4) Sections 31L and 31M relating to approval by a local authority and 28
registration by the Registrar of Titles apply to a plan mentioned in this 29
section. 30
25
Integrated Resort Development Amendment
entitlement if group title lot to be subdivided by a building units 1
`Lot
plan 2
`31P.(1) If a group titles plan creates a lot that is to be subdivided by a 3
building units plan, then, in specifying the lot entitlement of the lot, regard 4
must be had to the maximum number of lots into which the lot may be 5
subdivided by the building units plan. 6
`(2) Section 19(2) and (3) of the Building Units and Group Titles Act 7
1980 does not apply to a group titles plan if a lot on the plan is to be 8
subdivided by a building units plan. 9
of Building Units and Group Titles Act to subdivisions 10
`Application
`31Q.(1) The following provisions of the Building Units and Group 11
Titles Act 1980 do not apply to a subdivision under this Division-- 12
(a) the second proviso to section 10(1); 13
(b) section 10(6)(b). 14
`(2) For the purposes of section 9(7) of the Building Units and Group 15
Titles Act 1980, a plan of subdivision is taken to comply with the 16
requirements mentioned in the subsection in relation to the subdivision if 17
the plan complies with those requirements as modified by this Act.'. 18
of new ss.35A35D 19
Insertion
Clause19. After section 35-- 20
insert-- 21
of secondary lot 22
`Amalgamation
`35A.(1) The proprietor of 2 or more secondary lots within a residential 23
precinct may amalgamate the lots by a plan of amalgamation. 24
`(2) The plan of amalgamation must-- 25
(a) be lodged with the local authority; and 26
(b) be accompanied by a schedule setting out the maximum number 27
of lots into which the new secondary lot may be subdivided. 28
26
Integrated Resort Development Amendment
of local authority 1
`Approval
`35B. A local authority may approve a plan of amalgamation that 2
amalgamates secondary lots only if it is satisfied that the maximum number 3
of lots into which the new secondary lot may be subdivided equals the total 4
of the maximum number of lots into which the secondary lots being 5
amalgamated could have been subdivided. 6
of plan of amalgamation of secondary lots 7
`Registration
`35C. The Registrar of Titles may register a plan of amalgamation only 8
if-- 9
(a) it is accompanied by a schedule setting out the maximum number 10
of lots into which the new secondary lot may be subdivided; and 11
(b) the plan and schedule have been approved by the local authority. 12
of amalgamation to principal body corporate 13
`Notice
`35D. On registration of a plan amalgamating secondary lots that are 14
within a residential precinct, the proprietor of the new secondary lot must 15
give written notice to the principal body corporate of-- 16
(a) the proprietor's full name and address for service; and 17
(b) the date of registration of the plan; and 18
(c) the description of the secondary lots amalgamated; and 19
(d) the description of the new secondary lot; and 20
(e) the maximum number of lots into which the new secondary lot 21
may be subdivided.'. 22
of new s.36A 23
Insertion
Clause20. After section 36-- 24
insert-- 25
of subdivision to principal body corporate 26
`Notice
`36A. On registration of a plan subdividing a secondary lot that is within 27
a residential precinct into secondary lots or secondary lots and secondary 28
27
Integrated Resort Development Amendment
thoroughfare, the proprietor of the new secondary lots must give written 1
notice to the principal body corporate of-- 2
(a) the proprietor's full name and address for service; and 3
(b) the date of registration of the plan; and 4
(c) the description of the secondary lot subdivided; and 5
(d) the description of the new secondary lots; and 6
(e) the maximum number of lots into which each new secondary lot 7
may be subdivided.'. 8
of ss.4345 9
Omission
Sections 43 to 45-- 10
Clause21.
omit. 11
of new Division 4 of Part 4 12
Insertion
After Part 4, Division 3-- 13
Clause22.
insert-- 14
4--Matters applying to subdivision generally 15
`Division
A--Extinguishment of plans 16
`Subdivision
of plan 17
`Extinguishment
`46A. A plan registered under this Act may be extinguished-- 18
(a) after unanimous resolution of the relevant body corporate; or 19
(b) if the Supreme Court makes an order extinguishing the plan. 20
of Supreme Court to extinguish plan 21
`Order
`46B.(1) An application to extinguish a plan may be made to the 22
Supreme Court by-- 23
(a) the relevant body corporate; or 24
28
Integrated Resort Development Amendment
(b) a proprietor of a lot; or 1
(c) a registered mortgagee of a lot. 2
`(2) In considering an application to extinguish a plan, the Supreme 3
Court must have regard to the rights and interests of the proprietors as a 4
whole. 5
`(3) Subsection (2) does not limit the matters to which the Supreme 6
Court may have regard. 7
`(4) If the Supreme Court makes an order extinguishing a plan, it must 8
also order-- 9
(a) that the relevant body corporate be wound up; and 10
(b) that the land comprised in the extinguished plan, and any property 11
of the body corporate, be vested in the proprietors of the lots in 12
the shares that the Supreme Court considers appropriate. 13
14
`Registration
`46C.(1) If the Supreme Court makes an order under section 46B, the 15
Registrar of Titles must take the action necessary to give effect to the order 16
on lodgment for registration of a request to register the order. 17
`(2) If the relevant body corporate resolves to extinguish a plan, it must 18
lodge with the Registrar of Titles-- 19
(a) a request to extinguish the plan; and 20
(b) a copy of the unanimous resolution. 21
`(3) A request under subsection (1) or (2) may be registered only if every 22
registered interest in the land the subject of the plan has been discharged, 23
surrendered, withdrawn or otherwise disposed of. 24
`(4) On registration of a request under subsection (1) or (2)-- 25
(a) the plan is extinguished; and 26
(b) the relevant body corporate is wound up; and 27
(c) the land comprised in the extinguished plan is vested-- 28
(i) in the case of a building units plan--in the proprietors in 29
shares proportional to the lot entitlements of the proprietors' 30
29
Integrated Resort Development Amendment
respective lots; or 1
(ii) in the case of a group titles plan or plans that create initial 2
lots or secondary lots--in the proprietors in the shares 3
agreed by the proprietors by unanimous resolution or in the 4
shares ordered by the Supreme Court; and 5
(d) all property of the body corporate is vested in the proprietors in 6
the same shares as the land comprised in the plan is vested under 7
paragraph(c). 8
of local authority 9
`Notification
`46D. The Registrar of Titles must notify the relevant local authority on 10
registration under section 46C of the request to extinguish the plan. 11
`Subdivision B--Boundary adjustment plans 12
adjustment plan 13
`Boundary
`46E.(1) The boundary of an initial lot or a secondary lot within the site 14
of an approved scheme may be adjusted by a boundary adjustment plan 15
if-- 16
(a) the adjustment is minor and necessary to resolve a problem in 17
relation to the management, development or subdivision of the 18
site; and 19
(b) each proprietor, mortgagee and registered lessee of a lot the 20
boundary of which is to be adjusted consents to the adjustment; 21
and 22
(c) if the adjustment alters the boundary of primary thoroughfare or 23
secondary thoroughfare--the adjustment is approved by the 24
primary thoroughfare body corporate, or principal body 25
corporate, by special resolution. 26
`(2) A proprietor mentioned in subsection (1)(b) may lodge the boundary 27
adjustment plan with the local authority. 28
`(3) The local authority may approve a boundary adjustment plan only if 29
it is satisfied that-- 30
30
Integrated Resort Development Amendment
(a) the adjustment is minor and necessary to resolve a problem in 1
relation to the management, development or subdivision of the 2
site; and 3
(b) the consents mentioned in subsection (1)(b) have been given; and 4
(c) if applicable--the approval mentioned in subsection (1)(c) has 5
been given. 6
`(4) If the local authority-- 7
(a) refuses to approve a boundary adjustment plan; or 8
(b) fails to approve it within 40 days of receiving it; 9
the proprietor that lodged the plan may appeal to the Planning and 10
Environment Court. 11
`(5) Part 7 of the Local Government (Planning and Environment) Act 12
1990 applies to an appeal under subsection (4) with any necessary 13
modifications. 14
of boundary adjustment plan 15
`Registration
`46F.(1) The Registrar of Titles may register a boundary adjustment plan 16
only if the plan has been approved by the local authority. 17
`(2) The Registrar of Titles does not have to be satisfied of the matters 18
mentioned in section 46E(1) but may rely on the local authority's approval 19
of the plan. 20
of boundary adjustment plan 21
`Effect
`46G.(1) A boundary adjustment plan registered under this 22
Subdivision-- 23
(a) does not affect the voting entitlement that applied to any lot before 24
registration of the plan; and 25
(b) does not of itself give rise to any liability for stamp duty. 26
`(2) A registered mortgage, lease or other registered interest in a lot 27
adjusted by the registration of a boundary adjustment plan-- 28
31
Integrated Resort Development Amendment
(a) is not affected by the registration of the plan; and 1
(b) is taken to relate to the adjusted lot. 2
`Subdivision C--Easements 3
easements 4
`Implied
`46H.(1) Unless an easement is created for a particular service, there is 5
implied-- 6
(a) as belonging to any lot or common property within the site--an 7
easement for the passage or supply of the service through or by 8
way of pipes, poles, wires, cables or ducts (to be laid down or 9
erected or that are already existing) in or over the site to the extent 10
to which the service is capable of being used in the enjoyment of 11
the lots or common property; and 12
(b) as affecting any lot or common property within the site--an 13
easement for the passage or supply of the service through or by 14
way of pipes, poles, wires, cables or ducts (to be laid down or 15
erected or that are already existing) in or over the site to the extent 16
to which the service is capable of being used in the enjoyment of 17
lots or common property. 18
`(2) Subsection (1) does not affect easements belonging to and affecting 19
lots in a plan created under the Building Units and Group Titles Act 1980. 20
`(3) If a multiple occupancy building is situated on 2 or more group title 21
lots, the proprietor of a lot on which there is situated a part of the building 22
that is intended for separate occupation is entitled to the right conferred by 23
subsection (4). 24
`(4) In relation to any roofs, eaves, gutters, downpipes or foundations 25
(the "building parts") situated (wholly or partly) over, on or under any 26
adjoining lot, the proprietor is entitled to any shelter, drainage or support 27
capable of being provided by the building parts in relation to the proprietor's 28
lot. 29
`(5) The right created by subsection (4) is an easement to which the 30
adjoining lot is subject. 31
`(6) The easement entitles the proprietor of the dominant tenement to 32
32
Integrated Resort Development Amendment
enter the servient tenement and to maintain or replace any of the building 1
parts. 2
`(7) If a building is on the boundary of a lot or so close to the boundary 3
of a lot that maintenance or replacement in relation to the building is not able 4
to be carried out without entering an adjoining lot, the proprietor of the lot 5
on which the building is situated is entitled to enter the adjoining lot to carry 6
out the maintenance or replacement. 7
`(8) The right created by subsection (7) is an easement to which the 8
adjoining lot is subject. 9
`(9) The easement entitles the proprietor of the dominant tenement-- 10
(a) to enter the servient tenement; and 11
(b) to maintain or replace any part of the proprietor's building. 12
`(10) An easement under this section must not be exercised by a 13
proprietor in a way that unreasonably prevents another proprietor from 14
enjoying the use and occupation of the other proprietor's lot or the common 15
property. 16
`(11) If an easement under this section entitles a proprietor to enter an 17
adjoining lot to effect maintenance or replacement work, the proprietor must 18
give reasonable notice to the proprietor of the adjoining lot before entering 19
to effect the work. 20
`(12) Subsection (11) does not apply if the work to be carried out is 21
urgent. 22
rights 23
`Ancillary
`46I. All ancillary rights and obligations that are necessary and 24
reasonable to make an easement under this Subdivision effective are 25
conferred by this section. 26
of easements by special resolution 27
`Creation
`46J. A primary thoroughfare body corporate or principal body corporate 28
may by special resolution-- 29
(a) execute a grant of easement; or 30
33
Integrated Resort Development Amendment
(b) accept a grant of easement; or 1
(c) surrender a grant of easement; or 2
(d) accept the surrender of a grant of easement. 3
D--Sequential plans 4
`Subdivision
of sequential plans by local authority 5
`Approval
`46K.(1) If a number of plans are lodged with a local authority at the 6
same time, the local authority may approve the plans if it is satisfied that 7
access and other matters of which it must be satisfied will be effected if the 8
plans are registered in the appropriate order. 9
`(2) In approving the plans the local authority must give a certificate that 10
specifies the number of plans approved by it and the date of approval of the 11
plans. 12
`(3) In subsection (1)-- 13
"plan" includes a plan creating initial lots or secondary lots and a group 14
titles and a building units plan. 15
of sequential plans by Registrar of Titles 16
`Registration
`46L. The Registrar of Titles may register the plans in the appropriate 17
order only if the plans-- 18
(a) are accompanied by the certificate mentioned in section 46K(2); 19
and 20
(b) have been approved by the local authority.'. 21
of ss.4955 22
Replacement
Sections 49 to 55-- 23
Clause23.
omit, insert-- 24
of floating buildings and special buildings 25
`Construction
`49. The construction of a floating building or a special building within 26
34
Integrated Resort Development Amendment
the site is not-- 1
(a) the construction of a vessel, harbour works or other works of any 2
kind; or 3
(b) the placing of a pile or any other structure; 4
in, on, over, through or across land that is submerged or subject to 5
inundation or tidal influence. 6
waters within jurisdiction of authorities 7
`Tidal
`50. If an area of the site becomes inundated with tidal water or subject to 8
tidal influence, the banks and foreshores of the area are, to the extent that the 9
area is beyond the quay line, taken to be within the jurisdiction of the 10
authority that has jurisdiction over the adjacent banks and foreshores. 11
of authorities to maintain or undertake works 12
`Obligation
`51. An authority having jurisdiction over banks and foreshores of tidal 13
waters is obliged to maintain or undertake works (including dredging) in 14
relation to land within the site of an approved scheme, or tidal waters above 15
land within the site of an approved scheme, only to the extent (if any) that it 16
agrees in writing to accept the obligation. 17
of vessels on tidal waters 18
`Movement
`52.(1) The proprietor of land within the site of an approved scheme has 19
the right to restrict, regulate or prohibit the use or movement of vessels on, 20
over, through or beneath tidal waters above the land if the waters are not 21
beyond the quay line. 22
`(2) If the proprietor of land within the site permits the mooring of a 23
vessel in waters above the land, the proprietor of other land within the site 24
must not restrict or prohibit the movement of the vessel over the 25
proprietor's land that is beyond the quay line to-- 26
(a) the mooring; or 27
(b) another place in relation to which permission to moor the vessel 28
35
Integrated Resort Development Amendment
has been given; or 1
(c) tidal waters outside the site. 2
of laws relating to design and construction etc. 3
`Application
`53.(1) Laws relating to the design and construction, and standard of 4
construction or materials, of buildings and other structures apply to floating 5
buildings and special buildings, so far as the law may be sensibly applied, 6
as if floating buildings or special buildings were constructed on land. 7
`(2) If the relevant joint committee established for the purposes of the 8
standard sewerage by-laws or the standard water supply by-laws considers 9
that a standard determined under the by-laws cannot sensibly be applied to a 10
floating building, the committee may determine a different standard that is 11
to apply having regard to the existing standard. 12
charges and valuation of land 13
`Statutory
`54. For the purpose of-- 14
(a) the assessment of rates, land tax and other statutory charges 15
payable in relation to land; and 16
(b) determining the unimproved value of land; 17
any land within the site of an approved scheme that is or may be inundated 18
by water or subject to tidal influence is to be taken to be land that is not, and 19
never has been, inundated by water or subject to tidal influence. 20
of powers of authorities 21
`Modification
`55.(1) An authority having jurisdiction over the banks and foreshores of 22
tidal waters within the site of an approved scheme may not grant-- 23
(a) a lease in relation to a relevant area of the site; or 24
(b) a licence to use and occupy a relevant area of the site; or 25
(c) a permit to use and occupy a relevant area of the site. 26
`(2) Subsection (1) has effect despite any other Act. 27
`(3) In subsection (1)-- 28
36
Integrated Resort Development Amendment
"relevant area" of a site means any foreshore, tidal lands or tidal waters 1
within the site.'. 2
of s.56A (Construction of canals) 3
Replacement
Section 56A-- 4
Clause24.
omit, insert-- 5
of canals 6
`Construction
`56A.(1) A canal may be constructed within the site of an approved 7
scheme by the applicant at the applicant's expense. 8
`(2) A canal may be constructed only on-- 9
(a) primary thoroughfare or secondary thoroughfare; or 10
(b) part of the site that will become primary thoroughfare or 11
secondary thoroughfare. 12
`(3) The Canals Act 1958 (other than the provisions of the Act prescribed 13
by regulation for the purposes of this section) applies to the construction, 14
operation and maintenance of a canal within the site. 15
`(4) The Registrar of Titles may register instruments of title dealing with 16
land in any plan of subdivision to which section 9 of the Canals Act 1958 17
applies even though a transfer surrendering to the State all land defined in 18
the plan as the land on which the canal is to be constructed has not been 19
registered in the land registry.'. 20
of new s.57A 21
Insertion
Clause25. After section 57-- 22
insert-- 23
of canals 24
`Maintenance
`57A.(1) The primary thoroughfare body corporate is responsible for-- 25
(a) the dredging and other maintenance of canals on the primary 26
thoroughfare; and 27
(b) the maintenance of improvements relating to the canals on the 28
primary thoroughfare. 29
37
Integrated Resort Development Amendment
`(2) The principal body corporate is responsible for-- 1
(a) the dredging and other maintenance of canals on the secondary 2
thoroughfare; and 3
(b) the maintenance of improvements relating to the canals on the 4
secondary thoroughfare.'. 5
of s.60A (Surrender of canal to the Crown) 6
Amendment
Section 60A(1)(d)-- 7
Clause26.(1)
omit `by order in council'. 8
(2) Section 60A(4)(c)-- 9
omit `by order in council'. 10
(3) Section 60A(7)-- 11
omit, insert-- 12
`(7) If land on which a canal is constructed is surrendered, the provisions 13
of the Canals Act 1958 prescribed for the purposes of section 56A again 14
apply.'. 15
of s.70 (Meetings of primary thoroughfare body 16
Amendment
corporate) 17
Clause27.(1) Section 70(1) (at the end)-- 18
insert-- 19
`Maximum penalty--50 penalty units.'. 20
(2) Section 70(4) (at the end)-- 21
insert-- 22
`Maximum penalty for subsection (4)--50 penalty units.'. 23
of new s.70A 24
Insertion
Clause28. After section 70-- 25
insert-- 26
38
Integrated Resort Development Amendment
of annual general meeting 1
`Change
`70A.(1) The primary thoroughfare body corporate may apply in writing 2
to the Minister for approval to change the date of its next annual general 3
meeting. 4
`(2) The primary thoroughfare body corporate may apply to the Minister 5
to change the date of its next annual general meeting only if-- 6
(a) the change of date proposed has been set out in a motion given to 7
its members; and 8
(b) the motion for the proposed change of date has been carried by 9
ordinary resolution of the body corporate. 10
`(3) The application to the Minister must be accompanied by-- 11
(a) a copy of the motion; and 12
(b) evidence that it has been carried by ordinary resolution. 13
`(4) The Minister may approve or refuse the application and must advise 14
the primary thoroughfare body corporate in writing of the approval or 15
refusal. 16
`(5) If the application is approved, the new date of the annual general 17
meeting is taken to be the anniversary of the first annual general meeting of 18
the primary thoroughfare body corporate.'. 19
of s.74 (Power of entry) 20
Amendment
Clause29. Section 74(2) (at the end)-- 21
insert-- 22
`Maximum penalty for subsection (2)--50 penalty units.'. 23
of new s.74A 24
Insertion
Clause30. After section 74-- 25
insert-- 26
of services within lots or common property 27
`Maintenance
`74A.(1) If, because of an agreement with a local authority, the primary 28
thoroughfare body corporate is responsible for the maintenance and 29
39
Integrated Resort Development Amendment
reconstruction (including construction on relocation) of any pipes, poles, 1
wires, cables or ducts or anything that provides a service within the site, the 2
primary thoroughfare body corporate may enter on any lot or common 3
property-- 4
(a) to carry out works relating to the maintenance or reconstruction 5
(including construction on relocation); or 6
(b) to inspect for the purpose of deciding whether works relating to 7
the maintenance or reconstruction are required. 8
`(2) The primary thoroughfare body corporate must give notice of works 9
to be carried out under subsection (1)-- 10
(a) if the works are on a lot--to the proprietor of the lot; or 11
(b) if the works are on common property--to the body corporate 12
responsible for the control, management and administration of the 13
common property. 14
`(3) If notice is given to a body corporate under subsection (2)(b), it must 15
immediately notify the proprietors of lots who are entitled to use and enjoy 16
the common property. 17
`(4) The notice must-- 18
(a) be in writing; and 19
(b) be given not less than 7 days before the works are to be carried 20
out; and 21
(c) identify the part of the lot or common property to be affected by 22
the works; and 23
(d) specify the nature of the works to be carried out; and 24
(e) specify the estimated time that it will take to carry out the works. 25
`(5) Subsection (2) does not apply-- 26
(a) if the works to be carried out are urgent; or 27
(b) to an inspection for the purpose of deciding whether works are 28
required.'. 29
40
Integrated Resort Development Amendment
of s.75B (Community facilities on primary thoroughfare) 1
Amendment
Clause31. Section 75B (at the end)-- 2
insert-- 3
`(3) The primary thoroughfare body corporate must maintain the 4
facilities.'. 5
of s.76 (Duties of primary thoroughfare body corporate) 6
Amendment
Clause32. Section 76(1)(f) and (g)-- 7
omit, insert-- 8
`(f) cause to be prepared, from the books mentioned in paragraph (e), 9
a proper statement of accounts of the primary thoroughfare body 10
corporate in relation to each period-- 11
(i) starting on the date of its incorporation or the day 12
immediately after the date up to which the last statement was 13
prepared; and 14
(ii) ending on the last day of the month that is 3 months before 15
the start of the month in which the anniversary of the first 16
annual general meeting happens; and 17
(g) cause an annual general meeting of the primary thoroughfare 18
body corporate to be held each year on or after the anniversary of 19
the first annual general meeting but not later than 2 months after 20
the anniversary; and'. 21
of s.78 (Notices to be given by proprietors) 22
Amendment
Section 78(1)-- 23
Clause33.(1)
omit `may', insert `must'. 24
(2) Section 78(1) (at the end)-- 25
insert-- 26
`Maximum penalty--4 penalty units.'. 27
41
Integrated Resort Development Amendment
of s.86 (Chairman, secretary and treasurer of executive 1
Amendment
committee) 2
Clause34.(1) Section 86(2) (at the end)-- 3
insert-- 4
`Maximum penalty--50 penalty units.'. 5
(2) Section 86(5) (at the end)-- 6
insert-- 7
`Maximum penalty for subsection (5)--20 penalty units.'. 8
of s.93A (Effect of subdivision in subsequent stage) 9
Replacement
Section 93A-- 10
Clause35.
omit, insert-- 11
of subdivision in subsequent stage 12
`Effect
`93A.(1) On registration of the initial plan or plans of subdivision in a 13
subsequent stage mentioned in Part 2A-- 14
(a) the proprietor or proprietors of land within the subsequent stage 15
(excluding land within each residential precinct and land 16
comprising the primary thoroughfare); and 17
(b) if a new principal body corporate is created in relation to the 18
subsequent stage--the body corporate; 19
become additional members of the primary thoroughfare body corporate for 20
the site. 21
`(2) Until the incorporation of the principal body corporate, the 22
proprietors of the land within the residential precincts are members of the 23
primary thoroughfare body corporate instead of the principal body 24
corporate. 25
`(3) If the proprietors of lots within a subsequent stage become additional 26
members of an expanded principal body corporate, the body corporate 27
continues as a member of the primary thoroughfare body corporate. 28
`(4) For the purposes of this Division and Division 1 of Part 7, on 29
42
Integrated Resort Development Amendment
registration of the initial plan or plans of subdivision in a subsequent stage, 1
the site comprises that stage and any earlier stage.'. 2
of s.99 (Meetings of principal body corporate) 3
Amendment
Clause36.(1) Section 99(1) (at the end)-- 4
insert-- 5
`Maximum penalty--50 penalty units.'. 6
(2) Section 99(4) (at the end)-- 7
insert-- 8
`Maximum penalty--50 penalty units.'. 9
of new s.99A 10
Insertion
Clause37. After section 99-- 11
insert-- 12
of annual general meeting 13
`Change
`99A.(1) The principal body corporate may apply in writing to the 14
Minister for approval to change the date of its next annual general meeting. 15
`(2) The principal body corporate may apply to the Minister to change the 16
date of its next annual general meeting only if-- 17
(a) the change of date proposed has been set out in a motion given to 18
its members; and 19
(b) the motion for the proposed change of date has been carried by 20
ordinary resolution of the body corporate. 21
`(3) The application to the Minister must be accompanied by-- 22
(a) a copy of the motion; and 23
(b) evidence that it has been carried by ordinary resolution. 24
`(4) The Minister may approve or refuse the application and must advise 25
the principal thoroughfare body corporate in writing of the approval or 26
refusal. 27
`(5) If the application is approved, the new date of the annual general 28
43
Integrated Resort Development Amendment
meeting is taken to be the anniversary of the first annual general meeting of 1
the principal thoroughfare body corporate.'. 2
of s.102 (Power of entry) 3
Amendment
Clause38. Section 102(2) (at the end)-- 4
insert-- 5
`Maximum penalty for subsection (2)--50 penalty units.'. 6
of new ss.103A and 103B 7
Insertion
Clause39. After section 103-- 8
insert-- 9
to principal body corporate 10
`Leases
`103A.(1) For the purposes of providing access to the secondary 11
thoroughfare, the principal body corporate may take a lease of-- 12
(a) a road closed in strata that joins, or is to join, the secondary 13
thoroughfare; or 14
(b) a wharf that joins, or is to join, the secondary thoroughfare. 15
`(2) The principal body corporate may take a lease of land for any other 16
purpose prescribed by regulation. 17
`(3) In subsection (1)-- 18
"wharf" has the same meaning as in the Harbours Act 1955. 19
facilities on secondary thoroughfare 20
`Community
`103B.(1) A principal body corporate may develop or construct facilities, 21
for the use of persons who lawfully occupy land within a residential 22
precinct, on-- 23
(a) the secondary thoroughfare; or 24
(b) land leased by the principal body corporate under section 103A. 25
`(2) The development or construction must not start until authorised by 26
44
Integrated Resort Development Amendment
the principal body corporate by a special resolution. 1
`(3) The principal body corporate must maintain the facilities.'. 2
of s.104 (Duties of principal body corporate) 3
Amendment
Clause40. Section 104(1)(f) and (g)-- 4
omit, insert-- 5
`(f) cause to be prepared, from the books mentioned in paragraph (e), 6
a proper statement of accounts of the principal body corporate in 7
relation to each period-- 8
(i) starting on the date of its incorporation or the day 9
immediately after the date up to which the last statement was 10
prepared; and 11
(ii) ending on the last day of the month that is 3 months before 12
the start of the month in which the anniversary of the first 13
annual general meeting happens; and 14
(g) cause an annual general meeting of the principal body corporate to 15
be held each year on or after the anniversary of the first annual 16
general meeting but not later than 2 months after the anniversary; 17
and'. 18
of s.106 (Notices to be given by proprietors) 19
Amendment
Clause41. Section 106(1) (at the end)-- 20
insert-- 21
`Maximum penalty--4 penalty units.'. 22
of s.114 (Chairman, secretary and treasurer of executive 23
Amendment
committee) 24
Clause42.(1) Section 114(2) (at the end)-- 25
insert-- 26
`Maximum penalty--50 penalty units.'. 27
(2) Section 114(5) (at the end)-- 28
45
Integrated Resort Development Amendment
insert-- 1
`Maximum penalty for subsection (5)--20 penalty units.'. 2
of Division 2A of Part 7 (Additional principal bodies 3
Replacement
corporate) 4
Part 7, Division 2A-- 5
Clause43.
omit, insert-- 6
`Division 3--Additional principal bodies corporate or increase in 7
membership of existing principal body corporate 8
of subdivision of residential precinct in subsequent stage 9
`Effect
`121A. On registration of the first plan of subdivision creating a lot or 10
lots within a residential precinct in a subsequent stage, the proprietors of all 11
land within the residential precincts in that subsequent stage become 12
either-- 13
(a) a body corporate under the name `(insert name of subsequent 14
stage specified in the approval of the scheme) Principal Body 15
Corporate'; or 16
(b) additional members of an existing principal body corporate. 17
for increase in membership of existing principal body 18
`Procedure
corporate 19
`121B.(1) The proprietor of land within the residential precincts in a 20
subsequent stage may become additional members of an existing principal 21
body corporate only if-- 22
(a) details of the addition of members to an existing principal body 23
corporate have been set out in a motion given to the members of 24
the body corporate to which it is proposed to add members; and 25
(b) the motion for the proposed addition of members has been 26
carried by special resolution of the existing principal body 27
corporate to which it is proposed to add members; and 28
(c) the proposal to add members to an existing principal body 29
46
Integrated Resort Development Amendment
corporate is-- 1
(i) included in the application for approval of a subsequent 2
stage; and 3
(ii) is approved as part of the approval of the subsequent stage. 4
`(2) If an application under section 24D that relates to a subsequent stage 5
includes a proposal to add members to an existing principal body corporate, 6
the application must be accompanied by-- 7
(a) a copy of the motion for the addition of members; and 8
(b) evidence that it has been carried by special resolution of the 9
existing principal body corporate; and 10
(c) details of the effect the addition of members to an existing 11
principal body corporate is likely to have on existing members of 12
the body corporate. 13
of expanded principal body corporate 14
`Meeting
`121C.(1) Within 3 months after registration of the first plan of 15
subdivision creating a lot or lots within a residential precinct in a subsequent 16
stage, the principal body corporate must convene a meeting. 17
`(2) Section 99 applies to the meeting with any necessary modifications. 18
`(3) For the purposes of setting the date for subsequent annual general 19
meetings after the meeting mentioned in subsection (1), the meeting is taken 20
to be the first annual general meeting. 21
and funds of expanded principal body corporate 22
`Levies
`121D.(1) Within 14 days after registration of the first plan of 23
subdivision creating a lot or lots within a residential precinct in a subsequent 24
stage, an expanded principal body corporate must determine the amounts 25
mentioned in section 104(1)(h). 26
`(2) On registration of the first plan of subdivision creating a lot or lots 27
within a residential precinct in a subsequent stage, the fund of the principal 28
body corporate that is being expanded continues in existence. 29
47
Integrated Resort Development Amendment
of Division 2 to expanded principal body corporate 1
`Application
`121E. Division 2 applies, with any necessary modifications, to the 2
expanded principal body corporate after the registration of the first plan of 3
subdivision creating a lot or lots within a residential precinct in a subsequent 4
stage. 5
of Act to new principal body corporate 6
`Application
`121F. If a new principal body corporate is created in relation to a 7
subsequent stage, this Act applies to the body corporate in relation to the 8
subsequent stage for which it was incorporated. 9
with another principal body corporate 10
`Agreements
`121G. A principal body corporate may enter into an agreement with 11
another principal body corporate in the site in relation to-- 12
(a) the secondary thoroughfare including the improvements on the 13
secondary thoroughfare; and 14
(b) any personal property vested in the other principal body 15
corporate.'. 16
of s.128 (Proceedings for offences) 17
Replacement
Section 128-- 18
Clause44.
omit, insert-- 19
paid to General Fund 20
`Penalties
`127. All penalties or other amounts recovered for an offence against 21
section 19(8) or 24D(6) are to be paid into the General Fund of the relevant 22
local authority.'. 23
of s.131 (Regulations) 24
Replacement
Section 131-- 25
Clause45.
omit, insert-- 26
48
Integrated Resort Development Amendment
1
`Regulations
`128.(1) The Governor in Council may make regulations for the 2
purposes of this Act. 3
`(2) A regulation may be made with respect to any of the following 4
matters-- 5
(a) the preparation and approval of plans and documents for the 6
purposes of this Act; 7
(b) the plans and documents that may be lodged under this Act in the 8
land registry; 9
(c) the registration in the land registry of plans and documents; 10
(d) the fees to be paid in relation to the lodgment and registration in 11
the land registry of plans and documents; 12
(e) the nomination and election of-- 13
(i) the chairperson, secretary and treasurer of primary 14
thoroughfare bodies corporate and principal bodies 15
corporate; and 16
(ii) other members of the executive committees of primary 17
thoroughfare bodies corporate and principal bodies 18
corporate; 19
(f) the powers and functions of primary thoroughfare bodies 20
corporate and principal bodies corporate. 21
`(3) A regulation may create offences and prescribe penalties of not more 22
than 4 penalty units for the offences. 23
of Act 24
`Renumbering
`129.(1) In this section-- 25
"commencement" means the commencement of this section; 26
"new Act" means this Act after the commencement; 27
`(2) The Parts of the new Act are renumbered so that they bear 28
consecutive arabic numerals starting with `1'. 29
`(3) The Divisions of each Part of the new Act are renumbered so that 30
49
Integrated Resort Development Amendment
they bear consecutive arabic numerals starting with `1'. 1
`(4) The sections of the new Act are renumbered in a single series so that 2
they bear consecutive arabic numerals starting with `1'. 3
`(5) The sentences of each section of the new Act (whether or not they 4
are subsections) are numbered or renumbered so that they bear consecutive 5
arabic numerals starting with `1'. 6
`(6) Each mention in the new Act of a provision of the new Act that has 7
been numbered or renumbered under this section is amended by omitting 8
the mention and substituting a mention of the provision as numbered or 9
renumbered. 10
`(7) If, before the commencement, there is, in a law, a mention of a 11
specified provision of this Act that is numbered or renumbered because of 12
this section, after the commencement, the mention is taken to be a mention 13
of the specified provision as numbered or renumbered. 14
`(8) In this section-- 15
"law" means-- 16
(a) an Act; or 17
(b) a statutory instrument.'. 18
50
Integrated Resort Development Amendment
CHEDULE 1
¡S
INOR AMENDMENTS 2
M
section 3 3
Amendments 4
1. Section 3 (definitions "Local Authority" and "Minister")-- 5
omit. 6
2. Section 2-- 7
omit. 8
3. Section 8-- 9
omit. 10
4. Section 15-- 11
omit. 12
5. Section 17-- 13
omit. 14
6. Section 32(3)-- 15
omit `of the department'. 16
7. Section 60(1)(a)(iv)-- 17
omit `by Order in Council'. 18
51
Integrated Resort Development Amendment
SCHEDULE (continued)
8. Section 60(2)(a)(iii)-- 1
omit `by Order in Council'. 2
9. Section 61(1)-- 3
omit `under the Main Roads Act 19201985'. 4
10. Section 66(3)-- 5
omit `Companies (Queensland) Code', insert `Corporations Law'. 6
11. Section 70(6)-- 7
omit `for Justice and Attorney-General'. 8
12. Section 70(7)-- 9
omit `for Justice and Attorney-General'. 10
13. Section 70(8)-- 11
omit `for Justice and Attorney-General'. 12
14. Section 73(2)-- 13
omit `and to the Minister for Justice and Attorney-General'. 14
15. Section 80(1)(a)-- 15
omit `Workers' Compensation Act 19161983', 16
insert `Workers' Compensation Act 1990'. 17
16. Section 80(2)-- 18
omit `Order in Council', insert `regulation'. 19
52
Integrated Resort Development Amendment
SCHEDULE (continued)
17. Section 83-- 1
omit. 2
18. Section 95(5)-- 3
omit `Companies (Queensland) Code', insert `Corporations Law'. 4
19. Section 99(6)-- 5
omit `for Justice and Attorney-General'. 6
20. Section 99(7)-- 7
omit `for Justice and Attorney-General'. 8
21. Section 99(8)-- 9
omit `for Justice and Attorney-General'. 10
22. Section 101(2)-- 11
omit `and to the Minister for Justice and Attorney-General'. 12
23. Section 108(1)(a)-- 13
omit `Workers' Compensation Act 19161983', 14
insert `Workers' Compensation Act 1990'. 15
24. Section 108(2)-- 16
omit `Order in Council', insert `regulation'. 17
25. Section 111-- 18
omit. 19
53
Integrated Resort Development Amendment
SCHEDULE (continued)
26. Section 127-- 1
omit. 2
27. Section 129-- 3
omit. 4
28. Section 130-- 5
omit. 6
29. Schedule, Part A, clause 16-- 7
omit. 8
9
© State of Queensland 1993
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