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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Inala Shopping Centre
Freeholding Bill 2006
Queensland
Inala Shopping Centre Freeholding
Bill 2006
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Preparation of shopping centre land for creation of
community titles schemes
5 Land shown on sch 1 plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
6 Permanent closure of road . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
7 Issue of deeds of grant for shopping centre land and excluded
land .......................................... 5
8 Preparation and registration of plan of survey . . . . . . . . . . . . . . . 6
Part 3 Establishment of community titles schemes
9 Plans of subdivision for community titles schemes . . . . . . . . . . . 6
10 Community management statements for community titles
schemes ...................................... 7
11 Date of establishment of community titles schemes. . . . . . . . . . . 8
12 State as original owner for community titles schemes . . . . . . . . . 8
13 Notice to lessees of recording of community management
statements etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
14 Requirement for lessees to pay conversion cost and provide
information ................................... 9
Part 4 Vesting of lots in lessees
15 Termination of shopping centre leases and vesting of lots in
lessees ...................................... 10
16 Transfer lot for which a relevant lease is not in force immediately
before conversion day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
17 Co-ownership of transfer lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2
Inala Shopping Centre Freeholding Bill 2006
18 Recording conversion of title etc. . . . . . . . . . . . . . . . . . . . . . . . . . 12
19 Creation of chief executive's charge . . . . . . . . . . . . . . . . . . . . . . . 14
20 Enforcement of chief executive's charge--notice of intention to
sell lot ........................................ 14
21 Release of chief executive's charge on payment of conversion
cost etc. ....................................... 15
22 Sale of lot by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
23 Priority of local government charge preserved. . . . . . . . . . . . . . . 17
24 Chief executive's charge not affected by mortgagee sale . . . . . . 18
25 No compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Part 5 Miscellaneous provisions
26 Particular proceedings not affected by cancellation of shopping
centre leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
27 Exempt development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
28 Provision for survey plan if particular access easement created . 20
29 Notice of change of ownership of transfer lot . . . . . . . . . . . . . . . . 21
30 Payment of costs--adjustment of lot entitlement schedule for
subsidiary scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Part 6 Amendments of Acts
Division 1 Amendment of Housing Act 2003
31 Act amended in div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
32 Amendment of s 112 (Provision of land for industry, trade or
business) ..................................... 22
Division 2 Amendment of Housing (Freeholding of Land) Act 1957
33 Act amended in div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
34 Amendment of s 10B (Application for conversion of certain
leases in perpetuity to leases for term of years with freeholding
covenant) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
35 Omission of sch 1 (Lands to which part 3 does not apply). . . . . . 23
Schedule 1 Proposed plan showing shopping centre land and excluded
land ......................................... 24
Schedule 2 Proposed plan of subdivision for principal scheme . . . . . . . 25
Schedule 3 Proposed plan of subdivision for subsidiary scheme . . . . . . 27
Schedule 4 Transfer lots and relevant leases . . . . . . . . . . . . . . . . . . . . . . . 28
Schedule 5 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
2006
A Bill
for
An Act to provide for the freeholding and divestment of
perpetual leases under the Housing Act 2003 in the Inala
Shopping Centre
s1 4 s5
Inala Shopping Centre Freeholding Bill 2006
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
1 Short title 3
This Act may be cited as the Inala Shopping Centre 4
Freeholding Act 2006. 5
2 Commencement 6
(1) This Act, other than section 32(2) and part 6, division 2, 7
commences on a day to be fixed by proclamation. 8
(2) Section 32(2) and part 6, division 2 commence 1 year after 9
part 2 commences. 10
3 Act binds all persons 11
This Act binds all persons, including the State. 12
4 Dictionary 13
The dictionary in schedule 5 defines particular words used in 14
this Act. 15
Part 2 Preparation of shopping centre 16
land for creation of community 17
titles schemes 18
5 Land shown on sch 1 plan 19
(1) The shopping centre land is the land shown on the plan in 20
schedule 1, other than the excluded land. 21
s6 5 s7
Inala Shopping Centre Freeholding Bill 2006
(2) The excluded land is the land shown on the plan in schedule 1 1
as the excluded land. 2
6 Permanent closure of road 3
(1) This section applies to the parts of the shopping centre land 4
and the excluded land that are, immediately before the 5
commencement, dedicated as a road for public use. 6
(2) On the commencement-- 7
(a) the road is permanently closed; and 8
(b) the land becomes unallocated State land. 9
(3) Subsection (2)(a) applies despite the Land Act 1994, chapter 10
3, part 2, division 2.1 11
7 Issue of deeds of grant for shopping centre land and 12
excluded land 13
(1) On the commencement-- 14
(a) any part of the shopping centre land that was, 15
immediately before the commencement, subject to a 16
shopping centre lease becomes unallocated State land; 17
and 18
(b) a deed of grant issued before the commencement for any 19
part of the shopping centre land is cancelled and the 20
land becomes unallocated State land. 21
(2) The Governor in Council must issue to the State-- 22
(a) a deed of grant for the shopping centre land; and 23
(b) a deed of grant for the excluded land. 24
(3) A deed of grant required under subsection (2) to be issued-- 25
(a) must be issued under the Land Act 1994; and 26
(b) subject to section 21 of that Act, is issued free of all of 27
the interests to which the shopping centre land or the 28
1 Land Act 1994, chapter 3 (Reserves, deeds of grant in trust and roads), part 2
(Roads), division 2 (Closing roads)
s8 6 s9
Inala Shopping Centre Freeholding Bill 2006
excluded land was subject immediately before the 1
commencement. 2
(4) However, the conversion of the shopping centre land to 3
freehold land, and the issue of a deed of grant for the land, 4
under this section does not terminate a shopping centre lease. 5
(5) To remove any doubt, it is declared that the Housing Act 2003, 6
section 1122 continues to apply to a shopping centre lease 7
until the lease is cancelled under section 15 or otherwise 8
terminated. 9
(6) In this section-- 10
deed of grant means a document evidencing the grant of land 11
in fee simple under the Land Act 1994 that includes an 12
indefeasible title under the Land Title Act. 13
8 Preparation and registration of plan of survey 14
(1) The chief executive must ensure a plan of survey creating 1 lot 15
for the shopping centre land and 1 lot for the excluded land is 16
prepared as soon as practicable after the commencement. 17
(2) The plan of survey must generally correspond with the plan in 18
schedule 1. 19
(3) The chief executive must ensure the plan of survey is 20
registered under the Land Act 1994. 21
(4) No fee is payable for registering the plan of survey under the 22
Land Act 1994. 23
Part 3 Establishment of community 24
titles schemes 25
9 Plans of subdivision for community titles schemes 26
(1) As soon as practicable after the plan of survey mentioned in 27
section 8 is registered, the chief executive must ensure the 28
2 Housing Act 2003, section 112 (Provision of land for industry, trade or business)
s 10 7 s 10
Inala Shopping Centre Freeholding Bill 2006
following plans of subdivision are prepared and lodged for 1
registration under the Land Title Act-- 2
(a) plan of subdivision SP169871 (the principal scheme 3
plan), subdividing the shopping centre land into lots to 4
be included in, and common property for, a community 5
titles scheme; 6
(b) plan of subdivision SP169873 (the subsidiary scheme 7
plan), subdividing proposed lot 22 shown on the 8
principal scheme plan into lots to be included in, and 9
common property for, a community titles scheme. 10
(2) The lots and common property, and the easements relating to 11
the lots and common property, shown on the principal scheme 12
plan must generally correspond with the lots, common 13
property and easements shown on the plan in schedule 2. 14
(3) The lots and common property, and the easements relating to 15
the lots and common property, shown on the subsidiary 16
scheme plan must generally correspond with the lots, 17
common property and easements shown on the plan in 18
schedule 3. 19
(4) For the Land Title Act, section 50, a plan of subdivision 20
prepared under this section is taken to have been approved by 21
the Brisbane City Council. 22
(5) To remove any doubt, it is declared that section 44 of the 23
BCCM Act does not prevent the registration under the Land 24
Title Act of an easement shown on the principal scheme plan. 25
(6) In this section-- 26
common property see the BCCM Act, section 10. 27
10 Community management statements for community titles 28
schemes 29
(1) The chief executive must ensure the first community 30
management statements for the proposed community titles 31
schemes are lodged for recording under the Land Title Act. 32
s 11 8 s 12
Inala Shopping Centre Freeholding Bill 2006
(2) For the BCCM Act, section 60,3 the Brisbane City Council is 1
taken to have endorsed the community management 2
statements with community management statement notations. 3
(3) In this section-- 4
proposed community titles schemes means the community 5
titles schemes mentioned in section 9(1)(a) and (b). 6
11 Date of establishment of community titles schemes 7
(1) The principal scheme and subsidiary scheme are taken to be 8
established on the conversion day. 9
(2) Subsection (1) applies despite the BCCM Act, section 24(2).4 10
(3) If the State grants an easement before the conversion day over 11
land that will be scheme land for the principal scheme or 12
subsidiary scheme, the easement takes effect in relation to the 13
shopping centre land from the day the easement is created. 14
(4) However, if an easement to which subsection (3) applies is 15
inconsistent with the terms of a shopping centre lease, the 16
lease prevails to the extent of the inconsistency. 17
12 State as original owner for community titles schemes 18
(1) The State can not be prosecuted for not complying with an 19
obligation under the BCCM Act in the State's capacity as the 20
original owner for the principal scheme or subsidiary scheme. 21
(2) The Body Corporate and Community Management 22
(Commercial Module) Regulation 1997, section 49(1)(b) and 23
(f),5 does not apply to the State as the original owner for the 24
principal scheme or subsidiary scheme. 25
3 BCCM Act, section 60 (Local government community management statement
notation)
4 BCCM Act, section 24 (Establishment of community titles scheme)
5 Body Corporate and Community Management (Commercial Module) Regulation
1997, section 49 (Documents and materials to be handed over to body corporate at
first annual general meeting)
s 13 9 s 14
Inala Shopping Centre Freeholding Bill 2006
13 Notice to lessees of recording of community 1
management statements etc. 2
(1) Within 7 days after the first community management 3
statements for the principal scheme and subsidiary scheme are 4
recorded, the chief executive must give each lessee of a 5
shopping centre lease-- 6
(a) a notice (a conversion notice) stating each of the 7
following-- 8
(i) that community management statements for the 9
principal scheme and subsidiary scheme have been 10
recorded; 11
(ii) the conversion day; 12
(iii) the information the lessee is required to give the 13
chief executive before the conversion day; and 14
(b) a tax invoice issued by the department that shows the 15
conversion cost payable by the lessee. 16
(2) The information stated in a conversion notice under 17
subsection (1)(a)(iii) must be-- 18
(a) information in, or to the effect of, the approved form for 19
the Valuation of Land Act 1944, section 81(1);6 and 20
(b) any other information reasonably required by the chief 21
executive in relation to the vesting of a transfer lot in the 22
lessee. 23
(3) In this section-- 24
tax invoice see the A New Tax System (Goods and Services 25
Tax) Act 1999 (Cwlth), section 195-1. 26
14 Requirement for lessees to pay conversion cost and 27
provide information 28
(1) The lessee of a shopping centre lease must pay to the chief 29
executive, before the conversion day, the total of the following 30
amounts (the conversion cost)-- 31
6 Valuation of Land Act 1944, section 81 (Notice of change of ownership)
s 15 10 s 15
Inala Shopping Centre Freeholding Bill 2006
(a) the unimproved value amount for each shopping centre 1
lease held by the person immediately before the 2
conversion day; 3
(b) any GST payable on a supply relating to the vesting of a 4
transfer lot in the person under section 15; 5
(c) any transfer duty imposed under the Duties Act 2001 on 6
the vesting. 7
8
Note--
9
For the enforcement of this provision, see sections 19 to 22.
(2) The lessee of a shopping centre lease must also, before the 10
conversion day, give the chief executive the information 11
required to be given to the chief executive under the 12
conversion notice given to the lessee. 13
Maximum penalty--5 penalty units. 14
(3) In this section-- 15
unimproved value amount, for a shopping centre lease, 16
means the amount of the valuation of the unimproved value of 17
the land contained in the lease that was in force under the 18
Valuation of Land Act 1944 on 30 June 2003. 19
Part 4 Vesting of lots in lessees 20
15 Termination of shopping centre leases and vesting of lots 21
in lessees 22
(1) On the conversion day-- 23
(a) a shopping centre lease still in force is cancelled; and 24
(b) a lot included in the principal scheme or subsidiary 25
scheme and identified in schedule 4, column 1 (a 26
transfer lot) vests in each person (each a first owner) 27
who was, immediately before the conversion day, a 28
lessee of a relevant lease for the lot. 29
(2) Each shopping centre lease listed in schedule 4, column 2 30
opposite a transfer lot is a relevant lease for the lot. 31
s 16 11 s 16
Inala Shopping Centre Freeholding Bill 2006
(3) Subsection (1)(b) applies subject to sections 16 and 17. 1
(4) If a shopping centre lease cancelled under this section was, 2
immediately before its cancellation, subject to a sublease or 3
other interest-- 4
(a) the cancellation of the lease under this section does not 5
terminate the sublease or other interest; and 6
(b) on the conversion day, the sublease or other interest is 7
taken to be held in relation to each lot vested under 8
subsection (1) in the lessee of the lease. 9
(5) If there is an unregistered document in relation to a shopping 10
centre lease cancelled under this section, the document must 11
be relodged by the registrar of titles, for the person who 12
lodged the document, against each transfer lot vested in the 13
lessee of the lease. 14
(6) The following do not apply in relation to the vesting of a 15
transfer lot under this section-- 16
(a) the Land Sales Act 1984; 17
(b) the BCCM Act, chapter 5, parts 1 to 3.7 18
(7) In this section-- 19
unregistered document means a document that-- 20
(a) has been lodged under the Land Act 1994 but has not 21
been registered in the appropriate register under that 22
Act; and 23
(b) has not been rejected. 24
16 Transfer lot for which a relevant lease is not in force 25
immediately before conversion day 26
(1) This section applies if a relevant lease for a transfer lot is not 27
in force immediately before the conversion day. 28
(2) If there is another relevant lease for the transfer lot that is in 29
force immediately before the conversion day (the current 30
7 BCCM Act, chapter 5 (Sale of lots), parts 1 (Existing lots), 2 (Proposed lots) and 3
(Implied warranties)
s 17 12 s 18
Inala Shopping Centre Freeholding Bill 2006
lease), the transfer lot is vested in each of the following 1
persons (each a first owner)-- 2
(a) the persons who were, immediately before the 3
conversion day, the lessees of the current lease; 4
(b) the persons who were the lessees of the lease mentioned 5
in subsection (1) immediately before its termination. 6
(3) If there is no relevant lease for the transfer lot in force 7
immediately before the conversion day, the lot is not a transfer 8
lot. 9
17 Co-ownership of transfer lots 10
(1) This section applies if a transfer lot is vested under section 11
15(1)(b) in more than 1 person. 12
(2) For lot 3 of the subsidiary scheme, the persons take-- 13
(a) if the lessees of SHPTL 1201, acting jointly, give notice 14
to the chief executive before the conversion day of the 15
individual interests in the lot they have agreed to 16
take--the individual interests in the lot stated in the 17
notice; or 18
(b) otherwise--the same individual interests in the lot as 19
they had in SHPTL 1201 immediately before its 20
cancellation. 21
(3) For another transfer lot, the persons take the same individual 22
interests in the lot as they had in the relevant lease or leases 23
for the lot immediately before their cancellation. 24
18 Recording conversion of title etc. 25
(1) The chief executive must, as soon as practicable after the 26
conversion day-- 27
(a) give the chief executive (land) a notice asking that the 28
chief executive note in the appropriate register under the 29
Land Act 1994 the cancellation under section 15(1)(a) of 30
the shopping centre leases to which the section applies; 31
and 32
s 18 13 s 18
Inala Shopping Centre Freeholding Bill 2006
(b) give the registrar of titles a notice asking that the 1
registrar record the vesting of the transfer lots under 2
section 15(1)(b), 16 or 17 and stating-- 3
(i) the name of the first owner of each transfer lot and, 4
if a transfer lot vests in co-owners, the interests 5
taken by the co-owners; and 6
(ii) if a transfer lot vests subject to the chief 7
executive's charge--the lot vests subject to the 8
charge and the conversion cost for the lot. 9
(2) The registrar of titles must-- 10
(a) record in the freehold land register-- 11
(i) the vesting of the transfer lots; and 12
(ii) the interests mentioned in section 15(4)(b) in 13
relation to the transfer lots; and 14
(b) if a transfer lot vests subject to the chief executive's 15
charge-- 16
(i) record the chief executive's charge in the freehold 17
land register; and 18
(ii) while a chief executive's charge is recorded in the 19
freehold land register, keep a record of the 20
conversion cost for the lot. 21
(3) Fees payable under the Land Title Act for recording the 22
vesting of a transfer lot under section 15(1)(b), 16 or 17 must 23
be paid by the department. 24
(4) However, no fee is payable for recording the chief executive's 25
charge under this section. 26
(5) Subsection (6) applies to an instrument of covenant-- 27
(a) in favour of the State relating to the use for a taxi rank of 28
the part of lot 20 of the principal scheme identified on 29
the principal scheme plan as `taxi rank covenant'; and 30
(b) executed before the conversion day by the chief 31
executive. 32
(6) The instrument of covenant may be registered under the Land 33
Title Act even though the covenant is entered into by the State 34
with the State. 35
s 19 14 s 20
Inala Shopping Centre Freeholding Bill 2006
(7) In this section-- 1
chief executive (land) means the chief executive of the 2
department in which the Land Act 1994 is administered. 3
19 Creation of chief executive's charge 4
(1) This section applies if the conversion cost for a transfer lot is 5
not paid by the first owner of the lot before the conversion 6
day. 7
(2) Each transfer lot vesting in the first owner under section 8
15(1)(b), 16 or 17 vests subject to a charge (the chief 9
executive's charge) in favour of the chief executive securing 10
payment of the conversion cost. 11
(3) The charge is binding on the first owner of the lot and the 12
owner's successors in title. 13
(4) For the Local Government Act 1993, section 1057,8 the chief 14
executive's charge is an encumbrance conferring rights on the 15
State. 16
20 Enforcement of chief executive's charge--notice of 17
intention to sell lot 18
(1) This section applies if-- 19
(a) a transfer lot vests in the first owner subject to the chief 20
executive's charge; and 21
(b) the chief executive decides the lot should be sold to 22
recover the unpaid conversion cost. 23
(2) The chief executive must give notice (a notice of intention to 24
sell) stating the matters mentioned in subsection (3) to-- 25
(a) the registered owner of the lot; and 26
(b) each mortgagee of the lot. 27
(3) The matters are each of the following-- 28
(a) the conversion day; 29
(b) the amount of the unpaid conversion cost; 30
8 Local Government Act 1993, section 1057 (Priority of State debts preserved)
s 21 15 s 21
Inala Shopping Centre Freeholding Bill 2006
(c) that the chief executive may sell the lot if the registered 1
owner does not pay to the chief executive within a stated 2
period-- 3
(i) the amount of the unpaid conversion cost; and 4
(ii) if the chief executive requires interest on the 5
unpaid conversion cost to be paid by the registered 6
owner--interest on the unpaid conversion cost. 7
(4) The total amount payable by the registered owner under 8
subsection (3)(c) is the demand amount. 9
(5) The period stated in the notice under subsection (3)(c) must be 10
at least 14 days after the notice is given to the registered 11
owner. 12
(6) If the notice requires the registered owner to pay interest 13
under subsection (3)(c)(ii), the interest is payable-- 14
(a) for the period starting on the day after the conversion 15
day and ending on the day the amount of the unpaid 16
conversion cost is paid in full; and 17
(b) at the Reserve Bank of Australia's official cash rate9 for 18
each day in the period plus 2%. 19
(7) If the registered owner does not pay the demand amount 20
within the period stated in the notice, the chief executive 21
may-- 22
(a) sell the lot; or 23
(b) if a mortgagee agrees to sell the lot--allow the 24
mortgagee to sell the lot. 25
(8) If the chief executive allows a mortgagee to sell the lot under 26
subsection (7)(b), the registered owner is taken to be in default 27
under the mortgage. 28
21 Release of chief executive's charge on payment of 29
conversion cost etc. 30
(1) This section applies if-- 31
9 The Reserve Bank of Australia's official cash rate is published on the bank's website
at .
s 22 16 s 22
Inala Shopping Centre Freeholding Bill 2006
(a) the chief executive receives payment of the demand 1
amount during the period stated in a notice of intention 2
to sell; or 3
(b) with the Minister's consent, the chief executive, after the 4
period stated in a notice of intention to sell, agrees to 5
accept, and receives payment of, another amount in 6
payment of the chief executive's charge. 7
(2) The amount mentioned in subsection (1)(b) may be more or 8
less than the demand amount. 9
(3) Each lot that is subject to the chief executive's charge is 10
released from the charge. 11
(4) The chief executive must, as soon as practicable, ask the 12
registrar of titles to record the release of the charge in the 13
freehold land register. 14
(5) The registrar of titles must, on the chief executive's request, 15
record the release of the charge in the freehold land register. 16
(6) No fee is payable for recording the release of the chief 17
executive's charge under this section. 18
22 Sale of lot by chief executive 19
(1) If the chief executive may sell a transfer lot under section 20
20(7)(a), the lot may be sold by public auction or private 21
contract. 22
(2) The chief executive must apply the proceeds of sale as 23
follows-- 24
(a) firstly, in payment of all costs, charges and expenses 25
properly incurred by the chief executive in the sale or a 26
previous attempted sale of the transfer lot; 27
(b) secondly, in payment of the demand amount to the chief 28
executive; 29
(c) thirdly, in payment of any amount owing to a mortgagee 30
or, if there is more than 1 mortgagee, according to their 31
priorities; 32
(d) lastly, in payment to the previous registered owner of the 33
lot. 34
s 23 17 s 23
Inala Shopping Centre Freeholding Bill 2006
(3) On the sale of the transfer lot, the chief executive must give 1
the registrar of titles an instrument of transfer executed by the 2
chief executive, in the approved form under the Land Title 3
Act, in relation to the sale. 4
(4) On receiving the instrument of transfer, the registrar of titles 5
must register the purchaser stated in the instrument for the 6
interest held in the transfer lot by the previous registered 7
owner, free of all encumbrances. 8
(5) The registrar of titles must comply with subsection (4) even if 9
an instrument of title relating to the transfer lot is not 10
produced. 11
(6) Subsection (4) applies subject to section 23. 12
(7) If the demand amount has not been paid in full after the 13
proceeds of sale are applied, the unpaid part of the amount 14
may be recovered from the previous registered owner of the 15
transfer lot as a debt owing to the State. 16
(8) The Property Law Act 1974 does not apply to the exercise of 17
the chief executive's powers under this section. 18
(9) In this section-- 19
encumbrance-- 20
(a) includes any of the following affecting land-- 21
(i) a mortgage, lien or charge; 22
(ii) a caveat; 23
(iii) an agreement; 24
(iv) a judgment, writ or process; 25
(v) an interest adverse to the interest of the land's 26
owner; but 27
(b) does not include an easement. 28
previous registered owner, of a transfer lot sold under this 29
section, means the person who was the registered owner of the 30
lot immediately before its sale. 31
23 Priority of local government charge preserved 32
(1) This section applies if-- 33
s 24 18 s 25
Inala Shopping Centre Freeholding Bill 2006
(a) the chief executive intends to sell a transfer lot under 1
section 22; and 2
(b) the lot is subject to a charge for an overdue rate under 3
the Local Government Act 1993, section 1037A.10 4
(2) The chief executive must, before selling the transfer lot, give 5
written notice to the local government to which the rate is 6
payable stating the chief executive's intention to sell the lot. 7
(3) The chief executive may sell the transfer lot only-- 8
(a) subject to the charge; or 9
(b) free of the charge to the extent, and subject to any 10
conditions, agreed by the local government to which the 11
rate is payable. 12
24 Chief executive's charge not affected by mortgagee sale 13
(1) This section applies if-- 14
(a) a transfer lot vests in the first owner subject to the chief 15
executive's charge; and 16
(b) a mortgagee exercising the power of sale under the Land 17
Title Act sells the lot before the chief executive's charge 18
is released under this part. 19
(2) The chief executive's charge is not released by the sale and the 20
transfer lot is transferred to the purchaser subject to the 21
charge. 22
(3) This section applies despite the Property Law Act 1974, 23
section 86.11 24
25 No compensation 25
Compensation is not payable for any action taken by the chief 26
executive or the registrar of titles under this part. 27
10 Local Government Act 1993, section 1037A (Registering charge over land)
11 Property Law Act 1974, section 86 (Effect of conveyance on sale)
s 26 19 s 26
Inala Shopping Centre Freeholding Bill 2006
Part 5 Miscellaneous provisions 1
26 Particular proceedings not affected by cancellation of 2
shopping centre leases 3
(1) This section applies if shopping centre leases SHPTL 1803 4
and SHPTL 1252 (the relevant leases) are cancelled under 5
section 15(1)(a). 6
(2) If the easement proceeding is not finished before the 7
conversion day, the proceeding may be continued, and the 8
Supreme Court may make an easement order, as if the relevant 9
leases had not been cancelled. 10
(3) Subsection (2)-- 11
(a) does not limit the orders that may be made by the court; 12
and 13
(b) applies despite section 15. 14
(4) Subsection (5) applies if-- 15
(a) an easement order is made by the Supreme Court; and 16
(b) the relevant easement is not registered before the 17
conversion day; and 18
(c) the following approvals in relation to registration of the 19
relevant easement have been obtained-- 20
(i) the written approval of the Minister administering 21
the Land Act 1994; 22
(ii) if the Supreme Court considers any other approval 23
in relation to the easement is necessary to give 24
effect to SHPTL 1803--any approval required to 25
comply with an order of the court; and 26
(d) the relevant easement would have been capable of 27
registration under the Land Act 1994 had the relevant 28
leases not been cancelled. 29
(5) The relevant easement must be registered under the Land Title 30
Act as if the easement had been granted over lot 20 of the 31
principal scheme in favour of lot 21 of the principal scheme. 32
s 27 20 s 28
Inala Shopping Centre Freeholding Bill 2006
(6) In this section-- 1
easement order means an order requiring the lessee of 2
SHPTL 1803 to grant an easement over part of the land 3
contained in the lease in favour of the lessee of SHPTL1252. 4
easement proceeding means the proceeding started in the 5
Supreme Court in 2004 by the lessee of SHPTL 1252 against 6
the lessee of SHPTL 1803 seeking an easement over, or a 7
statutory right of user in respect of, part of the land contained 8
in SHPTL 1803. 9
relevant easement means an easement granted in compliance 10
with an easement order. 11
27 Exempt development 12
(1) This section applies if development under this Act would, if 13
subsection (2) did not apply, be assessable development or 14
self-assessable development under the IP Act. 15
(2) The development is taken to be exempt development for the IP 16
Act. 17
(3) In this section-- 18
development see the IP Act, section 1.3.2. 19
IP Act means the Integrated Planning Act 1997. 20
28 Provision for survey plan if particular access easement 21
created 22
(1) This section applies if the Land Title Act, section 83(2),12 23
would, if subsection (2) did not apply, require a plan of survey 24
prepared for this Act to be approved by the Brisbane City 25
Council. 26
(2) The Brisbane City Council is taken to have approved the plan 27
of survey. 28
12 Land Title Act, section 83 (Registration of easement)
s 29 21 s 30
Inala Shopping Centre Freeholding Bill 2006
29 Notice of change of ownership of transfer lot 1
(1) The Valuation of Land Act 1944, section 81, does not apply in 2
relation to the acquisition by the first owner, or the disposal by 3
the State, of a transfer lot. 4
(2) As soon as practicable after receiving the relevant information 5
from the first owner, the chief executive must give the 6
information to the chief executive (valuation). 7
(3) In this section-- 8
chief executive (valuation) means the chief executive of the 9
department in which the Valuation of Land Act 1944 is 10
administered. 11
relevant information means information in, or to the effect of, 12
the approved form for the Valuation of Land Act 1944, section 13
81(1). 14
30 Payment of costs--adjustment of lot entitlement 15
schedule for subsidiary scheme 16
(1) This section applies if-- 17
(a) the first owner of a transfer lot included in the subsidiary 18
scheme applies, within 3 months after the conversion 19
day, under the BCCM Act, chapter 6,13 to the 20
commissioner for an adjustment of the lot entitlement 21
schedule for the scheme; and 22
(b) the application is dealt with by specialist adjudication 23
under the BCCM Act, chapter 6, part 8. 24
(2) The chief executive is responsible for the costs of the 25
adjudication. 26
(3) Subsection (2) applies despite the BCCM Act, section 280.14 27
(4) In this section-- 28
commissioner means the commissioner for body corporate 29
and community management under the BCCM Act. 30
13 BCCM Act, chapter 6 (Dispute resolution)
14 BCCM Act, section 280 (Costs of specialist adjudication)
s 31 22 s 34
Inala Shopping Centre Freeholding Bill 2006
Part 6 Amendments of Acts 1
Division 1 Amendment of Housing Act 2003 2
31 Act amended in div 1 3
This division amends the Housing Act 2003. 4
32 Amendment of s 112 (Provision of land for industry, trade 5
or business) 6
(1) Section 112(9)-- 7
insert-- 8
9
`Note--
10
See, also, the Inala Shopping Centre Freeholding Act 2006.'.
(2) Section 112(9)-- 11
omit. 12
Division 2 Amendment of Housing 13
(Freeholding of Land) Act 1957 14
33 Act amended in div 2 15
This division amends the Housing (Freeholding of Land) Act 16
1957. 17
34 Amendment of s 10B (Application for conversion of 18
certain leases in perpetuity to leases for term of years 19
with freeholding covenant) 20
Section 10B(2)-- 21
omit. 22
s 35 23 s 35
Inala Shopping Centre Freeholding Bill 2006
35 Omission of sch 1 (Lands to which part 3 does not apply) 1
Schedule 1-- 2
omit. 3
24
Inala Shopping Centre Freeholding Bill 2006
Schedule 1 Proposed plan showing 1
shopping centre land and 2
excluded land 3
section 5 4
5
25
Inala Shopping Centre Freeholding Bill 2006
Schedule 2 Proposed plan of subdivision 1
for principal scheme 2
section 9(2) 3
4
26
Inala Shopping Centre Freeholding Bill 2006
Schedule 2 (continued)
1
27
Inala Shopping Centre Freeholding Bill 2006
Schedule 3 Proposed plan of subdivision 1
for subsidiary scheme 2
section 9(3) 3
4
28
Inala Shopping Centre Freeholding Bill 2006
Schedule 4 Transfer lots and relevant 1
leases 2
section 15(1)(b) and (2) 3
Column 1 Column 2
Transfer lots Relevant leases
lots included in principal scheme
(SP169871)
lot 20 SHPTL 1803
lot 21 SHPTL 1252
lots included in subsidiary scheme
(SP169873)
lot 1 SHPTL 1170
lot 2 SHPTL 817
lot 3 SHPTL 1462 and SHPTL 1201
lot 4 SHPTL 816 and SHPTL 1786
lot 5 SHPTL 923
lot 6 SHPTL 1169
lot 7 SHPTL 815
lot 8 SHPTL 813
lot 10 SHPTL 812
lot 13 SHPTL 839
lot 14 SHPTL 822
lot 15 SHPTL 820
lot 16 SHPTL 904
lot 17 SHPTL 836
lot 18 SHPTL 823
lot 19 SHPTL 1213
29
Inala Shopping Centre Freeholding Bill 2006
Schedule 5 Dictionary 1
section 4 2
BCCM Act means the Body Corporate and Community 3
Management Act 1997. 4
chief executive's charge see section 19(2). 5
commencement means the commencement of part 2. 6
community management statement see the BCCM Act, 7
section 12. 8
community titles scheme see the BCCM Act, section 10. 9
conversion cost see section 14(1). 10
conversion day means the day that is 60 days after the first 11
community management statement for the subsidiary scheme 12
is recorded under the BCCM Act. 13
conversion notice see section 13(1)(a). 14
demand amount see section 20(4). 15
excluded land see section 5(2). 16
first owner see sections 15(1)(b) and 16(2). 17
freehold land register see the Land Title Act, schedule 2. 18
Land Title Act means the Land Title Act 1994. 19
lot see the Land Title Act, schedule 2. 20
notice means written notice. 21
notice of intention to sell see section 20(2). 22
plan of subdivision see the Land Title Act, section 49. 23
principal scheme means the community titles scheme 24
established as required under part 3 for which the scheme land 25
is the shopping centre land. 26
principal scheme plan see section 9(1)(a). 27
registered owner see the Land Title Act, schedule 2. 28
30
Inala Shopping Centre Freeholding Bill 2006
Schedule 5 (continued)
registrar of titles means the registrar of titles under the Land 1
Title Act. 2
relevant lease see section 15(2). 3
scheme land see the BCCM Act, section 10. 4
shopping centre land see section 5(1). 5
shopping centre lease means a lease in perpetuity of any of 6
the shopping centre land held by the lessee under the Housing 7
Act 2003, section 112.15 8
means State Housing Perpetual Town Lease. 9
SHPTL
subsidiary scheme means the community titles scheme 10
established as required under part 3 for which the scheme land 11
is lot 22 of the principal scheme. 12
subsidiary scheme plan see section 9(1)(b). 13
transfer lot see section 15(1)(b). 14
15
© State of Queensland 2006
15 Housing Act 2003, section 112 (Provision of land for industry, trade or business)
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