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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
MIXED USE DEVELOPMENT
AMENDMENT BILL 1993
Queensland
MIXED USE DEVELOPMENT
AMENDMENT BILL 1993
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s.3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Amendment of s.112 (Boundary adjustment plan) . . . . . . . . . . . . . . . . . . . . 4
6 Amendment of s.115 (Implied easements) . . . . . . . . . . . . . . . . . . . . . . . . . . 4
7 Amendment of s.123 (Stratum plan of subdivision) . . . . . . . . . . . . . . . . . . . 5
8 Amendment of s.124 (Stratum plan of amalgamation) . . . . . . . . . . . . . . . . . 5
9 Insertion of new s.172A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
172A Change of annual general meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
10 Amendment of s.177 (Duties of body corporate) . . . . . . . . . . . . . . . . . . . . . . 6
11 Insertion of new s.206A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
206A Restricted community property by-laws . . . . . . . . . . . . . . . . . . . . . . . 7
12 Insertion of new s.212A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
212A Restricted precinct property by-laws . . . . . . . . . . . . . . . . . . . . . . . . . 9
13 Insertion of new Part 12-- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
PART 12--BRETTS WHARF DEVELOPMENT
219 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
220 Redevelopment is a mixed use development . . . . . . . . . . . . . . . . . . 12
221 Restricted property by-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
222 Application of Building Units and Group Titles Act . . . . . . . . . . . . . 13
223 Expiry of this Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
14 Minor amendments of Integrated Resort Development Act 1987 . . . . . . . . 14
1993
A BILL
FOR
An Act to amend the Mixed Use Development Act 1993
4
Mixed Use Development Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
This Act may be cited as the Mixed Use Development Amendment 3
Clause1.
Act 1993. 4
5
Commencement
Clause2. This Act commences on a day to be fixed by proclamation. 6
Act 7
Amended
The Mixed Use Development Act 1993 is amended as set out in this 8
Clause3.
Act. 9
of s.3 (Definitions) 10
Amendment
Clause4. Section 3 (definition "road")-- 11
omit, insert-- 12
` "road" means any way that allows the traffic of vehicles that can 13
reasonably be expected to require access over the way;'. 14
of s.112 (Boundary adjustment plan) 15
Amendment
Section 112(5)-- 16
Clause5.
omit `subsection (5)', insert `subsection (4)'. 17
of s.115 (Implied easements) 18
Amendment
Clause6.(1) After section 115(1)-- 19
insert-- 20
`(1A) Unless an easement is created for support and shelter, there is 21
implied-- 22
5
Mixed Use Development Amendment
(a) as belonging to any lot or common property within the site on 1
which a building or structure is wholly or partly situated--an 2
easement for the subjacent and lateral support by other buildings 3
or structures or parts of buildings or structures that are capable of 4
giving support; and 5
(b) as affecting any lot or common property within the site on which 6
a building or structure is wholly or partly situated--an easement 7
for the subjacent and lateral support of other buildings or 8
structures or parts of buildings or structures that are capable of 9
being supported; and 10
(c) as belonging to any lot or common property within the site on 11
which a building or structure is wholly or partly situated--an 12
easement for shelter by other buildings or structures or parts of 13
buildings or structures that are capable of giving shelter; and 14
(d) as affecting any lot or common property within the site on which 15
a building or structure is wholly or partly situated--an easement 16
for the shelter of other buildings or structures or parts of 17
buildings or structures that are capable of being sheltered. 18
`(1B) The easement for support and shelter implied by subsection (1A) 19
entitles the proprietor of the dominant tenement to enter the servient 20
tenement to maintain or replace any support or shelter.'. 21
(2) Subsection (2)-- 22
omit `Subsection (1) does not affect--' 23
insert `Subsections (1) and (1A) do not affect--'. 24
of s.123 (Stratum plan of subdivision) 25
Amendment
Section 123(2)-- 26
Clause7.
omit `139(2)(q)', insert `138(2)(q)'. 27
of s.124 (Stratum plan of amalgamation) 28
Amendment
Section 124(4)-- 29
Clause8.
omit `139(2)(q)', insert `138(2)(q)'. 30
6
Mixed Use Development Amendment
of new s.172A 1
Insertion
Clause9. After section 172-- 2
insert-- 3
of annual general meeting 4
`Change
`172A.(1) A body corporate may make written application to the 5
Minister for approval to change the date of its next annual general meeting. 6
`(2) The body corporate may apply to the Minister to change the date of 7
its next annual general meeting only if-- 8
(a) the proposed change of date has been stated in a motion given to 9
its members; and 10
(b) the motion for the proposed change of date has been carried by 11
ordinary resolution of the body corporate. 12
`(3) The application to the Minister must be accompanied by-- 13
(a) a copy of the motion; and 14
(b) evidence that it has been carried by ordinary resolution. 15
`(4) The Minister may approve or refuse the application and must advise 16
the body corporate in writing of the approval or refusal. 17
`(5) If the application is approved, the changed date of the annual general 18
meeting is taken to be the anniversary of the first annual general meeting of 19
the body corporate. 20
Example-- 21
The annual general meeting of the body corporate will now be convened 22
under section 177(1)(g) on or after the anniversary of the changed date of 23
the annual general meeting but not later than 2 months after the 24
anniversary.'. 25
of s.177 (Duties of body corporate) 26
Amendment
Clause10.(1) Section 177(1)(a)-- 27
omit, insert-- 28
(a) control, manage and administer for the benefit of its members-- 29
7
Mixed Use Development Amendment
(i) the community property or the precinct property held by it; 1
or 2
(ii) any road, wharf or land leased by it under section 164.'. 3
(2) After section 177(1)(b)(ii)-- 4
insert-- 5
`(iii) any road, wharf or land leased by the body corporate under 6
section 164 and any improvements on the road, wharf or 7
land.'. 8
of new s.206A 9
Insertion
Clause11. After section 206-- 10
insert-- 11
community property by-laws 12
`Restricted
`206A.(1) The community body corporate may make by-laws under 13
section 206 that restrict the use of any part of the community property 14
("restricted community property") to-- 15
(a) a member of the community body corporate; or 16
(b) a body corporate created by the registration of a building units or 17
group titles plan; or 18
(c) a proprietor of a lot created by the registration of a building units 19
or group titles plan; or 20
(d) a precinct body corporate; or 21
(e) a member of a precinct body corporate; or 22
(f) a proprietor of a lot created in a staged use precinct by the 23
registration of a building units or group titles plan; or 24
(g) a lessee or occupier of a lot within the site; or 25
(h) someone else while the person is engaged in construction works 26
in the site or in a future development area or subsequent stage. 27
`(2) Despite section 206(1), the by-law may only be made by resolution 28
without dissent. 29
8
Mixed Use Development Amendment
`(3) The by-law may restrict the use of community property that is to be 1
created in a subsequent stage. 2
`(4) To remove any doubt, the by-law made may give the use of 3
restricted community property to the person who is, for the time being, the 4
proprietor or other person mentioned in that subsection. 5
`(5) The by-law that restricts the use of any part of the community 6
property-- 7
(a) must include-- 8
(i) subject to paragraph (c), a description of the restricted 9
community property; and 10
(ii) details of the persons entitled to use the restricted 11
community property; and 12
(iii) the conditions on which the persons may use the restricted 13
community property; and 14
(b) may include-- 15
(i) particulars about-- 16
(A) access to the restricted community property; and 17
(B) the keeping and supply of any necessary key; and 18
(ii) particulars of the hours when the restricted community 19
property may be used; and 20
(iii) provisions about the maintenance of the restricted 21
community property; and 22
(iv) provisions about imposing and collecting levies from the 23
persons entitled to use the restricted community property; 24
and 25
(c) need not describe the restricted community property, if-- 26
(i) the by-law prescribes a way of identifying the property; or 27
(ii) the by-law authorises a person to identify the property; and 28
(d) may authorise a person to allocate the use of the restricted 29
community property. 30
`(6) If a person identifies the restricted community property under a 31
9
Mixed Use Development Amendment
by-law mentioned in subsection (5)(c), the person must, as soon as 1
practicable, give the community body corporate a description of the 2
property. 3
`(7) If a person allocates the use of the restricted community property 4
under a by-law mentioned in subsection (5)(d), the person must, as soon as 5
practicable, give the community body corporate details of the persons to 6
whom use of the property has been allocated. 7
`(8) The description and details given to the community body corporate 8
under subsection (6) or (7) are taken to be a by-law made under section 206 9
when both the description and details are received by the community body 10
corporate. 11
`(9) The community body corporate must give a by-law made or taken to 12
be made under this section to the Minister for approval under section 206 as 13
soon as practicable but not later than 3 months after it is made or taken to 14
be made. 15
Maximum penalty--50 penalty units. 16
`(10) If the by-law is approved by the Minister, the Minister must give 17
details of the by-law to the Registrar of Titles as soon as practicable after the 18
Minister approves it. 19
`(11) A by-law made under this section does not have effect until the 20
Registrar of Titles has recorded details of the by-law on the relevant 21
community plan.'. 22
of new s.212A 23
Insertion
Clause12. After section 212-- 24
insert-- 25
precinct property by-laws 26
`Restricted
`212A.(1) The precinct body corporate may make by-laws under 27
section 212 that restrict the use of any part of the precinct property 28
("restricted precinct property") to-- 29
(a) a member of the precinct body corporate; or 30
(b) a body corporate created by the registration of a building units or 31
group titles plan in the precinct; or 32
10
Mixed Use Development Amendment
(c) a proprietor of a lot created by the registration of a building units 1
or group titles plan in the precinct; or 2
(d) a proprietor of a lot created in a staged use precinct by the 3
registration of a building units or group titles plan in the precinct; 4
or 5
(e) a lessee or occupier of a lot in the precinct; or 6
(f) someone else while the person is engaged in construction works 7
in the site or in a future development area or subsequent stage. 8
`(2) Despite section 212(1), the by-law may only be made by resolution 9
without dissent. 10
`(3) The by-law may restrict the use of precinct property that is to be 11
created in a subsequent stage. 12
`(4) To remove any doubt, the by-law may give the use of restricted 13
precinct property to the person who is, for the time being, the proprietor or 14
other person mentioned in that subsection. 15
`(5) The by-law that restricts the use of any part of the precinct 16
property-- 17
(a) must include-- 18
(i) subject to paragraph (c), a description of the restricted 19
precinct property; and 20
(ii) details of the persons entitled to use the restricted precinct 21
property; and 22
(iii) the conditions on which the persons may use the restricted 23
precinct property; and 24
(b) may include-- 25
(i) particulars about-- 26
(A) access to the restricted precinct property; and 27
(B) the keeping and supply of any necessary key; and 28
(ii) particulars of the hours when the restricted precinct property 29
may be used; and 30
(iii) provisions about the maintenance of the restricted precinct 31
property; and 32
11
Mixed Use Development Amendment
(iv) provisions about imposing and collecting levies from the 1
persons entitled to use the restricted precinct property; and 2
(c) need not describe the restricted precinct property if-- 3
(i) the by-law prescribes a way of identifying the property; or 4
(ii) the by-law authorises a person to identify the property; and 5
(d) may authorise a person to allocate the use of the restricted precinct 6
property. 7
`(6) If a person identifies the restricted precinct property under a by-law 8
mentioned in subsection (5)(c), the person must, as soon as practicable, 9
give the precinct body corporate a description of the property. 10
`(7) If a person allocates the use of the restricted precinct property under 11
a by-law mentioned in subsection (5)(d), the person must, as soon as 12
practicable, give the precinct body corporate details of the persons to whom 13
use of the property has been allocated. 14
`(8) The description and details given to the precinct body corporate 15
under subsection (6) or (7) are taken to be a by-law made under section 212 16
when the description and details are received by the precinct body corporate. 17
`(9) The precinct body corporate must give a by-law made or taken to be 18
made under this section to the Minister for approval under section 212 as 19
soon as practicable but not later than 3 months after it is made or taken to be 20
made. 21
Maximum penalty--50 penalty units. 22
`(10) If the by-law is approved by the Minister, the Minister must give 23
details of the by-law to the Registrar of Titles as soon as practicable after the 24
Minister approves it. 25
`(11) A by-law made under this section does not have effect until the 26
Registrar of Titles has recorded details of the by-law on the relevant precinct 27
plan.'. 28
of new Part 12-- 29
Insertion
After Part 11-- 30
Clause13.
insert-- 31
12
Mixed Use Development Amendment
PART 12--BRETTS WHARF DEVELOPMENT 1
`
2
`Definitions
`219. In this Part-- 3
"body corporate" means a body corporate created by registration of a 4
building units or group titles plan over land in Bretts Wharf Hamilton; 5
"Bretts Wharf Hamilton" means the land described as Lot 267 on 6
Plan SL 11523 County of Stanley Parish of Toombul; 7
"common property" means the common property, within the meaning of 8
the Building Units and Group Titles Act 1980, of a building units plan 9
or group titles plan registered over land in Bretts Wharf Hamilton; 10
"resolution without dissent" has the meaning given by the Building Units 11
and Group Titles Act 1980; 12
"restricted property area" means the part of the common property in 13
relation to which exclusive use and control is granted to the 14
community body corporate by a by-law made under section 221. 15
is a mixed use development 16
`Redevelopment
`220. For the purposes of this Act, a redevelopment of Bretts Wharf 17
Hamilton is taken to be a mixed use development whether or not it consists 18
of 2 or more different classes of uses. 19
property by-laws 20
`Restricted
`221.(1) A body corporate may, by resolution without dissent, make a 21
by-law ("restricted property by-law") giving to the community body 22
corporate the exclusive use and control of any part of the common property 23
identified in the by-law. 24
`(2) A restricted property by-law does not have effect until-- 25
(a) the Minister approves the by-law; and 26
(b) the Registrar of Titles has recorded a notification on the registered 27
plan under section 30(3) of the Building Units and Group Titles 28
Act 1980. 29
13
Mixed Use Development Amendment
`(3) If a restricted property by-law is made-- 1
(a) the restricted property area is taken to be community property for 2
the purposes of section 177(1)(a) and (b) and sections 206 and 3
206A; and 4
(b) the other by-laws of the body corporate do not apply to the 5
restricted property area; and 6
(c) the community body corporate is not bound by the by-laws of the 7
body corporate; and 8
(d) the Building Units and Group Titles Act 1980 (other than sections 9
22, 23, 37(1), 37(2) and 37A) applies to the restricted property 10
area and a body corporate; and 11
(e) for the purposes of the by-law and despite paragraph (c), the 12
community body corporate is taken to be an occupier of a lot in 13
the building units or group titles plan that created the body 14
corporate that made the by-law. 15
`(4) A restricted property by-law may be made, amended, or repealed 16
within 3 months of registration of the plan that creates the body corporate 17
that makes the by-law, without the consent of the community body 18
corporate. 19
`(5) However, after 3 months, a restricted property by-law may be made, 20
amended, or repealed only with the consent of the community body 21
corporate by comprehensive resolution. 22
of Building Units and Group Titles Act 23
`Application
`222. The Building Units and Group Titles Act 1980 applies, subject to 24
this Part, to a redevelopment of Bretts Wharf Hamilton. 25
of this Part 26
`Expiry
`223. This Part expires 5 years after it commences or, if a later date is 27
prescribed by regulation, the later date.'. 28
14
Mixed Use Development Amendment
amendments of Integrated Resort Development Act 1987 1
Minor
The Integrated Resort Development Act 1987 is amended as 2
Clause14.(1)
set out in this section. 3
(2) Section 99A(4) and (5)-- 4
omit `thoroughfare'. 5
6
© State of Queensland 1993
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