Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
MIXED USE DEVELOPMENT
BILL 1993
Queensland
MIXED USE DEVELOPMENT BILL 1993
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4 Words and expressions used in Building Units and Group Titles Act . . . . . 17
PART 2--BASIC CONCEPTS
5 Purpose of this Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
6 Mixed use scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
7 Types of development suitable for a mixed use scheme . . . . . . . . . . . . . . . 18
8 Proposed uses of mixed use scheme to be consistent with the
planning scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
9 The site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
10 Future development area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
11 First subdivision of the site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
12 The community plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
13 Community development lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
14 Community property lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
15 Community body corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
16 Staged development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
17 Precinct plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
18 Balance precinct development lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
19 Precinct development lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
20 Precinct property lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
21 Precinct body corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
2
Mixed Use Development
22 Subdivision of community development lots and precinct
development lots by group titles and building units plans . . . . . . . . . . . . . . 22
23 Stratum subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
24 Membership of community body corporate--
On subdivision of site by community plan . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
25 Membership of precinct body corporate--
On subdivision of community development lot by precinct plan . . . . . . . . . 24
PART 3--SCHEME OF MIXED USE DEVELOPMENT
Division 1--Approval of schemes
26 Minimum requirements for approval of scheme . . . . . . . . . . . . . . . . . . . . . . 25
27 Land taken to be zoned for mixed use development . . . . . . . . . . . . . . . . . . 25
28 Application for approval of scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
29 Decision on application if site taken to be appropriately zoned . . . . . . . . . 28
30 Decision on application if site requires rezoning . . . . . . . . . . . . . . . . . . . . . 29
31 Notification of decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
32 Submission of scheme by local authority . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
33 Approval of scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
34 Notation of approved scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Division 2--Future development areas
35 Application that includes future development area . . . . . . . . . . . . . . . . . . . 32
36 Provisional approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
37 Application for revocation of provisional approval . . . . . . . . . . . . . . . . . . . . 34
38 Approval of revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
39 Notation of revocation of provisional approval . . . . . . . . . . . . . . . . . . . . . . . 36
40 Application for subsequent stages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Division 3--Amendment of approved schemes
41 Application for amendment of an approved scheme . . . . . . . . . . . . . . . . . . . 37
42 Application for amendment to add land to the site . . . . . . . . . . . . . . . . . . . . 38
43 Application not adding additional land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
44 Certain amendments not allowed after community plan registered . . . . . . 41
45 Decision on application if application to amend planning scheme
not required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
46 Decision on application if amendment of planning scheme required . . . . . 42
47 Notification of decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
3
Mixed Use Development
48 Submission of amendment of scheme approved by local authority . . . . . . . 43
49 Approval of amendment of scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
50 Notation of amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
51 Minor variation of precinct boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Division 4--Appeals
52 Appeals to the Planning and Environment Court . . . . . . . . . . . . . . . . . . . . . 46
Division 5--Effect of approval of scheme
53 Approved scheme regulates development etc. of site . . . . . . . . . . . . . . . . . . 47
Division 6-- Rescission of approved schemes
54 Application for rescission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
55 Rescission of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
56 Notation of rescission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
57 Effect of rescission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Division 7--Unauthorised uses
58 Use of construction works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
59 Use of land etc. within a precinct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
PART 4--THE SITE
60 The site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
61 Grant of Crown land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
62 Site forms part of local authority area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
PART 5--SUBDIVISION OF SITE
Division 1--Subdivision of site by community plan
63 Lodgment of community plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
64 Approval of community plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
65 Registration of community plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
66 Vesting of community property in community body corporate . . . . . . . . . . 53
Division 2--Amalgamation of community development lots by
community plan of amalgamation
67 Community plan of amalgamation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
68 Approval of community plan of amalgamation . . . . . . . . . . . . . . . . . . . . . . . 54
69 Registration of community plan of amalgamation . . . . . . . . . . . . . . . . . . . . 54
70 Notice of amalgamation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
4
Mixed Use Development
Division 3--Subdivision of community development lot by
community plan of subdivision
71 Community plan of subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
72 Approval of community plan of subdivision . . . . . . . . . . . . . . . . . . . . . . . . . 56
73 Registration of community plan of subdivision . . . . . . . . . . . . . . . . . . . . . . . 56
74 Notice of subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
75 Vesting of community property in community body corporate . . . . . . . . . . 57
Division 4--Subdivision of community development lot by stratum
plan under Part 6
76 Stratum subdivision of community development lot . . . . . . . . . . . . . . . . . . . 57
77 Approval of stratum plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Division 5--Subdivision of community development lot by building
units or group titles plan
78 Building units or group titles plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
79 Lodgment of building units or group titles plan . . . . . . . . . . . . . . . . . . . . . . . 59
80 Approval of building units or group titles plan . . . . . . . . . . . . . . . . . . . . . . . 59
81 Registration of building units or group titles plan . . . . . . . . . . . . . . . . . . . . . 60
82 Subdivision of group title lot by building units plan . . . . . . . . . . . . . . . . . . . 60
83 Subdivision of group title lot by group titles plan . . . . . . . . . . . . . . . . . . . . . 61
84 Lot entitlement if group title lot to be subdivided by a building
units plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
85 Application of Building Units and Group Titles Act to subdivisions . . . . . . 62
Division 6--Subdivision of community development lot by precinct
plan
86 Precinct plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
87 Approval of precinct plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
88 Registration of precinct plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
89 Vesting of precinct property in precinct body corporate . . . . . . . . . . . . . . . . 64
Division 7--Amalgamation of precinct development lots by precinct
plan of amalgamation
90 Precinct plan of amalgamation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
91 Approval of precinct plan of amalgamation . . . . . . . . . . . . . . . . . . . . . . . . . 65
92 Registration of precinct plan of amalgamation . . . . . . . . . . . . . . . . . . . . . . . 65
93 Notice of amalgamation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
5
Mixed Use Development
Division 8--Subdivision of precinct development lot by precinct
plan of subdivision
94 Precinct plan of subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
95 Approval of precinct plan of subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
96 Registration of precinct plan of subdivision . . . . . . . . . . . . . . . . . . . . . . . . . 67
97 Notice of subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
98 Vesting of precinct property in precinct body corporate . . . . . . . . . . . . . . . . 68
Division 9--Subdivision of precinct development lot or balance
precinct development lot by stratum plan under Part 6
99 Stratum plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
100 Approval of stratum plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Division 10--Subdivision of precinct development lot or balance
precinct development lot by building units or group titles plan
101 Subdivision by building units or group titles plan . . . . . . . . . . . . . . . . . . . . . 69
102 Approval of building units or group titles plan . . . . . . . . . . . . . . . . . . . . . . . 70
103 Registration of building units or group titles plan . . . . . . . . . . . . . . . . . . . . . 71
104 Subdivision of group title lot by a building units plan . . . . . . . . . . . . . . . . . 71
105 Subdivision of group title lot by group titles plan . . . . . . . . . . . . . . . . . . . . . 72
106 Lot entitlement if group title lot to be subdivided by a building
units plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
107 Application of Building Units and Group Titles Act to subdivisions . . . . . . 72
Division 11--Matters applying to subdivision generally
Subdivision A--Extinguishment of plans
108 Extinguishment of plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
109 Order of Supreme Court to extinguish plan . . . . . . . . . . . . . . . . . . . . . . . . . . 73
110 Registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
111 Notification of local authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Subdivision B--Boundary adjustment plans
112 Boundary adjustment plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
113 Registration of boundary adjustment plan . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
114 Effect of boundary adjustment plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Subdivision C--Easements
115 Implied easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
116 Ancillary rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
6
Mixed Use Development
117 Creation of easements by comprehensive resolution . . . . . . . . . . . . . . . . . . 78
Subdivision D--Sequential plans
118 Approval of sequential plans by local authority . . . . . . . . . . . . . . . . . . . . . . 78
119 Registration of sequential plans by Registrar of Titles . . . . . . . . . . . . . . . . . 78
PART 6--STRATUM SUBDIVISION
Division 1--Interpretation
120 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Division 2--Subdivision
121 Stratum lots and dealings with stratum lots . . . . . . . . . . . . . . . . . . . . . . . . . . 79
122 Stratum boundary adjustment plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
123 Stratum plan of subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
124 Stratum plan of amalgamation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
125 General requirements relating to plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Division 3--Easements
126 Support and shelter for certain stratum lots . . . . . . . . . . . . . . . . . . . . . . . . . . 82
127 Services for certain stratum lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
128 Right of way . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
129 Ancillary rights for easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
130 Subdivision of stratum lot by building units plan . . . . . . . . . . . . . . . . . . . . . 85
131 Creation of easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Division 4--Valuation
132 Valuation of stratum lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
Division 5--Management statements
133 Requirements of management statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
134 Recording of management statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
135 Effect of management statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
136 General provisions that apply to management statement . . . . . . . . . . . . . . . 90
137 Form of management statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
138 Matters required for management statement . . . . . . . . . . . . . . . . . . . . . . . . . 91
139 Optional matters for management statement . . . . . . . . . . . . . . . . . . . . . . . . . 93
140 Amendment of management statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
7
Mixed Use Development
PART 7--LAND SUBJECT TO TIDAL INFLUENCE
141 Estate or interest in submerged land continues . . . . . . . . . . . . . . . . . . . . . . . 95
142 Subdivision of submerged land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
143 Construction of floating buildings and special buildings . . . . . . . . . . . . . . . 96
144 Tidal waters within jurisdiction of authorities . . . . . . . . . . . . . . . . . . . . . . . . 96
145 Obligation of authorities to maintain or undertake works . . . . . . . . . . . . . . . 96
146 Movement of vessels on tidal waters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
147 Application of laws relating to design and construction etc. . . . . . . . . . . . . 97
148 Statutory charges and valuation of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
149 Modification of powers of authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
PART 8--THOROUGHFARES, CANALS AND FACILITIES
Division 1--Thoroughfares
150 Construction of thoroughfares . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
151 Maintenance etc. of thoroughfares . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
152 Dedication of thoroughfare as road . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
153 Thoroughfares are roads under certain Acts . . . . . . . . . . . . . . . . . . . . . . . . . 101
154 Temporary closure of thoroughfares . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
155 Occupier's right to use thoroughfares . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
Division 2--Canals
156 Construction of canals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
157 Maintenance of canals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
158 Surrender of canal to State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
Division 3--Community and precinct facilities
159 Construction of community facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
160 Construction of precinct facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
Division 4--Other matters
161 Additional works on community property . . . . . . . . . . . . . . . . . . . . . . . . . . 105
162 Additional works on precinct property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
163 Leasing of community and precinct property . . . . . . . . . . . . . . . . . . . . . . . 107
164 Leases to community and precinct bodies corporate . . . . . . . . . . . . . . . . . 107
165 Powers of officials on community or precinct property . . . . . . . . . . . . . . . 107
8
Mixed Use Development
PART 9--BODIES CORPORATE
Division 1--Interpretation
166 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
Division 2--Incorporation of community body corporate
167 Community body corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
Division 3--Incorporation of precinct body corporate
168 Precinct body corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
Division 4--Matters applying to community and precinct bodies
corporate
169 Members' nominees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
170 Seals of bodies corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
171 Address for service of bodies corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
172 Meetings of bodies corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
173 Voting entitlements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
174 Levies by bodies corporate on members . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
175 Power of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
176 Miscellaneous powers of bodies corporate . . . . . . . . . . . . . . . . . . . . . . . . . 122
177 Duties of bodies corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
178 Body corporate rolls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
179 Notices to be given by members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
180 Applications for supply of information etc. by bodies corporate . . . . . . . . 128
181 Supply of information etc. by bodies corporate . . . . . . . . . . . . . . . . . . . . . . 129
182 Insurance by bodies corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
183 Delegation by corporate members of bodies corporate . . . . . . . . . . . . . . . . 132
184 Voting rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
185 Constitution of executive committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
186 Vacation of office of member of executive committee . . . . . . . . . . . . . . . 135
187 Chairperson, secretary and treasurer of executive committee . . . . . . . . . . 138
188 Meetings of executive committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
189 Executive committee's decisions to be decisions of body corporate . . . . 139
190 Statutory restrictions on powers of executive committee . . . . . . . . . . . . . . 140
191 Restrictions imposed on executive committee by body corporate . . . . . . 141
192 Community or precinct body corporate manager . . . . . . . . . . . . . . . . . . . . 141
9
Mixed Use Development
193 Costs in proceedings by members against body corporate . . . . . . . . . . . . . 141
194 Service of documents on bodies corporate, members and others . . . . . . . 142
195 Power of bodies corporate to convene meetings . . . . . . . . . . . . . . . . . . . . . 142
196 Establishment of committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
197 Agreements between precinct bodies corporate . . . . . . . . . . . . . . . . . . . . . 143
Division 5--Increase in membership of community body corporate
198 Effect of subdivision of subsequent stage or additional land . . . . . . . . . . . 143
199 Meeting of community body corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
200 Levies and funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
201 Application of Divisions 2 and 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
PART 10--BY-LAWS
Division 1--Community by-laws
202 Community development control by-laws . . . . . . . . . . . . . . . . . . . . . . . . . . 145
203 Community activities by-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
204 Application of community development control by-laws and
community activities by-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
205 Minor noncompliance with community development control
by-laws or community activities by-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
206 Community property by-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
207 Application of community by-laws to leased areas . . . . . . . . . . . . . . . . . . 147
Division 2--Precinct by-laws
208 Precinct development control by-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
209 Precinct activities by-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
210 Application of precinct development control and precinct
activities by-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
211 Minor noncompliance with precinct development control by-laws
or precinct activities by-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
212 Precinct property by-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
213 Application of precinct by-laws to leased areas . . . . . . . . . . . . . . . . . . . . . 150
PART 11--MISCELLANEOUS
214 Fire safety requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
215 Applications to be accompanied by fees . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
216 Chief executive may approve forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
10
Mixed Use Development
217 Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
218 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
1993
A BILL
FOR
An Act providing for the approval, development and management of
schemes of mixed use development, and for other purposes
12
Mixed Use Development
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
PART 1--PRELIMINARY 4
title 5
Short
Clause1. This Act may be cited as the Mixed Use Development Act 1993. 6
7
Commencement
Clause2. This Act commences on a day to be fixed by proclamation. 8
9
Definitions
In this Act-- 10
Clause3.
"access" means access by road; 11
"additional land", in relation to a site, means land outside the site that is 12
added to the site; 13
"applicant", in relation to a mixed use scheme-- 14
(a) if the community plan has not been registered--means the 15
applicant for approval of a scheme, and includes the applicant's 16
executors, administrators, successors and assigns; or 17
(b) if the community plan has been registered--means the 18
community body corporate; 19
"approved form" means a form approved by the chief executive under 20
section 216; 21
"balance precinct development lot" of a mixed use scheme means the lot 22
that may remain after a community development lot is subdivided by a 23
precinct plan; 24
"body corporate roll", in relation to a community body corporate or 25
precinct body corporate, means the body corporate roll mentioned in 26
section 178; 27
13
Mixed Use Development
"boundary adjustment plan" means a plan that adjusts the boundary of a 1
lot within the site; 2
"building management committee" means the building management 3
committee for a management statement; 4
"building unit lot" means a lot shown on a building units plan; 5
"building units plan" has the meaning given by the Building Units and 6
Group Titles Act 1980; 7
"canal" has the meaning given by the Canals Act 1958; 8
"chief executive" means the chief executive of the department; 9
"chief executive (valuations)" means the chief executive within the 10
meaning of the Valuation of Land Act 1944; 11
"community body corporate", in relation to community development lots 12
and community property lots, means the body incorporated by the 13
registration of the community plan; 14
"community development lot" of a mixed use scheme means a lot on the 15
community plan that is not a community property lot; 16
"community facilities" of a mixed use scheme means facilities on 17
community property; 18
"community plan", in relation to a mixed use scheme, means the plan or 19
plans subdividing the site into-- 20
(a) at least 1 community development lot; and 21
(b) at least 1 community property lot; 22
"community plan of amalgamation" means a plan for the amalgamation 23
of 2 or more community development lots; 24
"community plan of subdivision" means a plan for the subdivision of a 25
community development lot; 26
"community property" of a mixed use scheme means the community 27
property lots of the scheme; 28
"community property lot" of a mixed use scheme means a lot shown on 29
the community plan as community property; 30
"community thoroughfare" of a mixed use scheme means a part of the 31
community property that is to provide access to community 32
14
Mixed Use Development
development lots; 1
"comprehensive resolution", in relation to a community body corporate or 2
precinct body corporate, means a resolution-- 3
(a) that is passed at a properly convened meeting of the body 4
corporate; and 5
(b) for which the members that vote in favour have not less than 75% 6
of the voting entitlements recorded in its body corporate roll; 7
"drainage" includes drainage for the product of rain, storm, soakage, a 8
spring or seepage; 9
"floating building" means a building constructed or to be constructed on a 10
floatation system that-- 11
(a) is or is to be supported by water; and 12
(b) is not intended for or useable in navigation; and 13
(c) is or is to be permanently moored; 14
"future development area" has the meaning given by section 35; 15
"group title lot" means a lot shown on a group titles plan; 16
"group titles plan" has the meaning given by the Building Units and 17
Group Titles Act 1980; 18
"management statement" has the meaning given by section 133; 19
"mixed use development" means a development, or proposed 20
development, that consists of 2 or more different classes of uses; 21
"mixed use scheme" means a scheme for a mixed use development 22
approved by the Governor in Council under this Act, and includes any 23
amendments of the scheme and any approval of a subsequent stage; 24
"ordinary resolution", in relation to a community body corporate, precinct 25
body corporate or building management committee, means a 26
resolution that is passed at a properly convened meeting of the body 27
corporate or committee; 28
"original applicant" means the applicant for approval of a scheme, and 29
includes the applicant's executors, administrators, successors and 30
assigns; 31
"planning scheme" has the meaning given by the Local Government 32
15
Mixed Use Development
(Planning and Environment) Act 1990; 1
"plan of development" of a mixed use scheme means the scale plan, or 2
the amended scale plan, of development for the scheme approved by 3
the relevant local authority; 4
"plan of survey" of land includes 2 or more plans of survey each relating 5
to a different part of the land and together relating to all of the land; 6
"precinct" of a mixed use scheme means a part of the site identified in the 7
scheme as a precinct; 8
"precinct body corporate", in relation to a mixed use scheme, means the 9
body incorporated by the registration of a precinct plan subdividing a 10
community development lot; 11
"precinct development lot" of a mixed use scheme means a lot on a 12
precinct plan that is not a precinct property lot; 13
"precinct facilities" of a mixed use scheme means facilities on precinct 14
property; 15
"precinct plan", in relation to a mixed use scheme, means a plan that 16
subdivides-- 17
(a) a community development lot; or 18
(b) a balance precinct development lot; 19
"precinct plan of amalgamation" means a plan for the amalgamation of 2 20
or more precinct development lots; 21
"precinct plan of subdivision" means a plan for the subdivision of a 22
precinct development lot; 23
"precinct property" of a mixed use scheme means the precinct property 24
lots of the scheme; 25
"precinct property lot" of a mixed use scheme means a lot shown on a 26
precinct plan as precinct property; 27
"precinct thoroughfare" of a mixed use scheme means a part of the 28
precinct property that is to provide access to precinct development lots 29
or balance precinct development lots; 30
"proprietor" of a lot means the person registered, or entitled to immediate 31
registration, under the Real Property Acts as the proprietor of the lot; 32
16
Mixed Use Development
"provisional approval" means the approval of a future development area; 1
"quay line", in relation to a mixed use scheme, means a line identified in 2
the scheme as a quay line; 3
"Real Property Acts" means the Real Property Act 1861 and the Real 4
Property Act 1877; 5
"resolution without dissent", in relation to a community body corporate, 6
precinct body corporate or building management committee, means a 7
resolution-- 8
(a) that is passed at a properly convened meeting of the body 9
corporate or committee; and 10
(b) against which no vote is cast; 11
"restricted property" means part of a building or its site, or part of a 12
proposed building or its site, the use of which is restricted by a 13
management statement; 14
"road" means any way that allows the traffic of vehicles that usually travel 15
public roads; 16
"scheme" means a mixed use scheme; 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
"site" of a mixed use scheme means the site of the scheme; 27
"special building" means a building-- 28
(a) constructed, or designed to be constructed, on land; and 29
(b) the foundations of which extend from land above high water 30
17
Mixed Use Development
mark to land below high water mark; 1
"staged use precinct" means a precinct that is to be subdivided and 2
developed in stages; 3
"stratum boundary adjustment plan" means a plan that provides for 4
minor adjustments to the boundaries of stratum lots; 5
"stratum lot" means a lot on a stratum plan that is limited wholly or partly 6
in height or depth, or both; 7
"stratum parcel" means a parcel created by the subdivision of a stratum 8
lot by a building units plan; 9
"stratum plan" means a plan of subdivision that subdivides land into 10
stratum lots; 11
"stratum plan of amalgamation" means a plan that amalgamates 2 or 12
more, or all, stratum lots in a stratum plan; 13
"stratum plan of subdivision" means a plan that subdivides a stratum lot 14
into 2 or more stratum lots; 15
"subsequent stage" has the meaning given by section 40; 16
"unanimous resolution", in relation to a community body corporate, 17
precinct body corporate or building management committee, means a 18
resolution-- 19
(a) that is unanimously passed at a properly convened meeting of the 20
body corporate or committee; and 21
(b) for which all members of the body corporate or committee are 22
present personally or by proxy, or vote in writing, at the time of 23
the motion; 24
"use" has the meaning given by the Local Government (Planning and 25
Environment) Act 1990. 26
and expressions used in Building Units and Group Titles Act 27
Words
Unless the contrary intention appears, words and expressions used 28
Clause4.
in the Building Units and Group Titles Act 1980 have the same respective 29
meanings in this Act. 30
18
Mixed Use Development
ART 2--BASIC CONCEPTS 1
P
of this Part 2
Purpose
The purpose of this Part is to assist in the understanding of this 3
Clause5.(1)
Act. 4
(2) The Part sets out some of the concepts that are important for an 5
understanding of this Act. 6
use scheme 7
Mixed
Clause6.(1) A mixed use scheme is a scheme that, if approved-- 8
(a) will allow the development of land that consists of 2 or more 9
different classes of uses; and 10
(b) will relate to property that is to be shared by some or all owners 11
and occupiers of lots within the site of the development. 12
(2) An approved mixed use scheme will allow the development and 13
subdivision of land in a way not otherwise permitted by law. 14
of development suitable for a mixed use scheme 15
Types
Approval of a mixed use scheme may be sought in relation to 16
Clause7.(1)
different types of developments or proposed developments of land. 17
(2) For example, an industrial site, an inner city site or a site for a tourist 18
complex may be developed or redeveloped under a mixed use scheme. 19
(3) A site for a single building or a site on which there is already a single 20
building, in certain circumstances, may be able to be developed or 21
redeveloped under a mixed use scheme. 22
uses of mixed use scheme to be consistent with the planning 23
Proposed
scheme 24
A mixed use scheme may be approved only if the uses under 25
Clause8.(1)
the scheme are consistent with the planning scheme for the proposed site. 26
(2) If a proposed use is inconsistent with the planning scheme for the 27
19
Mixed Use Development
site, an application to amend the planning scheme to enable the use to be 1
lawfully established may be given to the relevant local authority with the 2
application for approval of the mixed use scheme. 3
site 4
The
The site of a mixed use scheme consists of the land within the 5
Clause9.
boundaries of an approved mixed use scheme. 6
development area 7
Future
An application for approval of a mixed use scheme may 8
Clause10.(1)
identify an area in relation to which development is planned for the future. 9
(2) The area identified is called a future development area. 10
(3) A provisional approval may be granted in relation to the area and an 11
application for its inclusion in the site of the mixed use scheme may be 12
made at a later stage. 13
subdivision of the site 14
First
The first subdivision of the site is by a plan called a 15
Clause11.(1)
community plan. 16
(2) This plan must subdivide the whole site. 17
community plan 18
The
The community plan-- 19
Clause12.(1)
(a) is a plan that subdivides the site into lots; or 20
(b) comprises a number of plans that subdivide the site into lots. 21
(2) These lots are called community development lots and community 22
property lots. 23
(3) There must be-- 24
(a) at least 1 community development lot; and 25
(b) at least 1 community property lot. 26
20
Mixed Use Development
development lots 1
Community
Clause13.(1) A community development lot is initially owned by the person 2
that owned the land subdivided by the community plan. 3
(2) A community development lot may be further developed under the 4
mixed use scheme. 5
property lots 6
Community
Community property lots are shared by, and are property that 7
Clause14.(1)
is common to, owners of community development lots. 8
(2) Community property lots-- 9
(a) usually provide access to the community development lots; but 10
(b) may contain improvements. 11
body corporate 12
Community
A body corporate is incorporated on registration of the 13
Clause15.(1)
community plan. 14
(2) This body corporate is the community body corporate. 15
(3) The community property lots are transferred to the community body 16
corporate. 17
(4) The community body corporate is responsible for, and may make 18
by-laws in relation to, the ongoing management of the community property 19
lots. 20
development 21
Staged
If a community development lot is to be developed in stages, it 22
Clause16.
may be subdivided by a precinct plan. 23
plan 24
Precinct
A precinct plan is a plan that subdivides a community 25
Clause17.(1)
development lot into lots. 26
21
Mixed Use Development
(2) These lots are called precinct development lots and precinct property 1
lots. 2
(3) There must be-- 3
(a) at least 1 precinct development lot; and 4
(b) the number of precinct property lots (if any) that is necessary to 5
ensure access to precinct development lots. 6
(4) If the precinct development lots and any precinct property lots do not 7
comprise the whole of the community development lot, a further lot is also 8
created. 9
(5) This lot is called a balance precinct development lot. 10
precinct development lots 11
Balance
A balance precinct development lot is initially owned by the 12
Clause18.(1)
person that owned the community development lot subdivided by the 13
precinct plan. 14
(2) A balance precinct development lot may be subdivided by a further 15
precinct plan as if it were a community development lot. 16
development lots 17
Precinct
A precinct development lot is initially owned by the person that 18
Clause19.
owned the community development lot or balance precinct development lot 19
subdivided by a precinct plan. 20
property lots 21
Precinct
Precinct property lots are shared by, and are property that is 22
Clause20.(1)
common to, owners of precinct development lots. 23
(2) Precinct property lots-- 24
(a) usually provide access to the precinct development lots; but 25
(b) may contain improvements. 26
22
Mixed Use Development
body corporate 1
Precinct
A body corporate is incorporated on registration of the first 2
Clause21.(1)
precinct plan subdividing a community development lot. 3
(2) This body corporate is a precinct body corporate. 4
(3) The precinct property lots created by a precinct plan are transferred to 5
the precinct body corporate. 6
(4) The precinct body corporate is responsible for, and may make 7
by-laws in relation to, the ongoing management of the precinct property 8
lots. 9
of community development lots and precinct development 10
Subdivision
lots by group titles and building units plans 11
A community development lot or precinct development lot 12
Clause22.(1)
may be subdivided by-- 13
(a) a group titles plan; or 14
(b) a building units plan. 15
(2) A group titles plan that subdivides a community development lot or 16
precinct development lot creates group title lots. 17
(3) A group title lot may be further subdivided by-- 18
(a) a group titles plan; or 19
(b) a building units plan. 20
(4) If a community development lot is subdivided by a group titles or 21
building units plan, it may not then be subdivided by a precinct plan. 22
subdivision 23
Stratum
A community development lot, precinct development lot or 24
Clause23.(1)
balance precinct development lot may be subdivided by a stratum plan. 25
(2) A stratum plan that subdivides a community development lot creates 26
community stratum lots. 27
(3) A stratum plan that subdivides a precinct development lot or balance 28
precinct development lot creates precinct stratum lots. 29
23
Mixed Use Development
(4) A community stratum lot or precinct stratum lot may be further 1
subdivided by a building units plan. 2
(5) A stratum plan may be registered only if it is accompanied by a 3
management statement. 4
(6) A management statement is a document that-- 5
(a) regulates a building and its site; or 6
(b) is intended to regulate a proposed building and its site. 7
(7) The management of the building and its site is the responsibility of a 8
building management committee. 9
of community body corporate-- 10
Membership
On subdivision of site by community plan 11
On registration of the community plan, the owners of the 12
Clause24.(1)
community development lots become members of the community body 13
corporate. 14
On subdivision of community development lot by stratum plan 15
(2) On registration of a stratum plan subdividing a community 16
development lot, the owners of the community stratum lots become 17
members of the community body corporate in place of the owner of the 18
community development lot. 19
On subdivision of community stratum lot by building units plan 20
(3) If a community stratum lot is subdivided by a building units plan, the 21
body corporate incorporated by registration of the building units plan 22
becomes a member of the community body corporate in place of the owner 23
of the community stratum lot. 24
On subdivision of community development lot by building units or 25
group titles plan 26
(4) If a community development lot is subdivided by a building units or 27
group titles plan, the body corporate incorporated by registration of the plan 28
becomes a member of the community body corporate in place of the owner 29
of the community development lot. 30
24
Mixed Use Development
On subdivision of community development lot by precinct plan 1
(5) If a community development lot is subdivided by a precinct plan, the 2
precinct body corporate incorporated by registration of the plan becomes a 3
member of the community body corporate in place of the owner of the 4
community development lot. 5
of precinct body corporate-- 6
Membership
On subdivision of community development lot by precinct plan 7
On registration of a precinct plan, the owners of the precinct 8
Clause25.(1)
development lots and any balance precinct development lot become 9
members of the precinct body corporate. 10
On subdivision of precinct development lot by stratum plan 11
(2) On registration of a stratum plan subdividing a precinct development 12
lot, the owners of the precinct stratum lots become members of the precinct 13
body corporate in place of the owner of the precinct development lot. 14
On subdivision of precinct stratum lot by building units plan 15
(3) If a precinct stratum lot is subdivided by a building units plan, the 16
body corporate incorporated by registration of the building units plan 17
becomes a member of the precinct body corporate in place of the owner of 18
the precinct stratum lot. 19
On subdivision of precinct development lot by building units or group 20
titles plan 21
(4) If a precinct development lot is subdivided by a building units or 22
group titles plan, the body corporate incorporated by registration of the plan 23
becomes a member of the precinct body corporate in place of the owner of 24
the precinct development lot. 25
On subdivision of group title lot by building units plan 26
(5) If a group title lot is subdivided by a building units plan, the owners 27
of the building unit lots become members of the body corporate 28
incorporated by registration of the group titles plan that created the group 29
title lot. 30
(6) A further body corporate is not incorporated on subdivision of a 31
group title lot by a building units plan. 32
25
Mixed Use Development
ART 3--SCHEME OF MIXED USE DEVELOPMENT 1
P
Division 1--Approval of schemes 2
requirements for approval of scheme 3
Minimum
A scheme may be approved under this Act only if it provides 4
Clause26.(1)
for at least-- 5
(a) a mixed use development; and 6
(b) community property; and 7
(c) the division of the site into precincts specifying-- 8
(i) the name of each precinct; and 9
(ii) generally, the intended development of each precinct; and 10
(iii) the permitted uses of the land within each precinct. 11
(2) Subsection (1) does not limit the matters that may be included in the 12
scheme. 13
taken to be zoned for mixed use development 14
Land
If-- 15
Clause27.
(a) land is proposed to be used for a mixed use development; and 16
(b) the uses proposed for the mixed use development may be 17
lawfully established-- 18
(i) on an as of right basis under the planning scheme that 19
applies to the proposed site; or 20
(ii) because a town planning consent permit exists; 21
the land is taken to be zoned for the mixed use development. 22
for approval of scheme 23
Application
An application for approval of a scheme may be made to the 24
Clause28.(1)
relevant local authority. 25
26
Mixed Use Development
(2) Except in relation to land intended to be freeholded, the application 1
may be made only in relation to land that-- 2
(a) is taken to be zoned for the mixed use development proposed; or 3
(b) if not taken to be zoned for the mixed use development 4
proposed--is the subject of an application to amend a planning 5
scheme under the Local Government (Planning and 6
Environment) Act 1990 that, if approved, would allow the mixed 7
use development. 8
(3) The application must-- 9
(a) be in writing; and 10
(b) be signed by the applicant; and 11
(c) be in the form (if any) determined by the local authority; and 12
(d) set out or be accompanied by the matters mentioned in 13
subsection (4). 14
(4) The matters required by subsection (3) are-- 15
(a) the name of the proposed mixed use development; and 16
(b) the name and address of the applicant; and 17
(c) the address of-- 18
(i) the site; and 19
(ii) any other land proposed to be used in conjunction with the 20
mixed use development; and 21
(d) the name and address of-- 22
(i) each owner (other than the applicant) of land within the site; 23
and 24
(ii) each owner of any other land that is proposed to be used in 25
conjunction with the mixed use development; and 26
(e) the written consent of each owner mentioned in paragraph (d) to 27
the inclusion of the owner's land in the scheme, signed by the 28
owner; and 29
(f) advice that the land comprising the site is freehold land or is 30
intended to be freeholded; and 31
27
Mixed Use Development
(g) details of the existing and proposed form of tenure of any land 1
outside the site that is proposed to be used as part of the scheme; 2
and 3
(h) details of each matter for which approval is required, or that must 4
be done, under another Act before approval of the scheme may be 5
granted; and 6
(i) details of all agreements that relate to land within the site; 7
(j) evidence of all-- 8
(i) undertakings affecting the proposed development given by 9
an interested person; and 10
(ii) contracts affecting the proposed development entered into 11
between the applicant and another interested person; and 12
(k) a schedule setting out the type and extent of development in each 13
precinct; and 14
(l) details of any minimum lot sizes, height restrictions, building 15
setback requirements, car parking requirements and other 16
requirements that are proposed for the site; and 17
(m) a schedule setting out the voting entitlements, and the way of 18
calculating the voting entitlements, of members of the community 19
body corporate; and 20
(n) the proposed plan of development for the scheme. 21
(5) The proposed plan of development must-- 22
(a) include-- 23
(i) a site plan; and 24
(ii) a delineation of the site; and 25
(iii) real property descriptions and, if appropriate, metes and 26
bounds descriptions; and 27
(b) identify the location, and specify the area, of each of the proposed 28
precincts; and 29
(c) specify the name of each proposed precinct; and 30
(d) specify the proposed uses to be permitted within each precinct; 31
and 32
28
Mixed Use Development
(e) identify the staged use precincts proposed at the time; and 1
(f) identify on the site plan the relationship between the site and any 2
adjoining lands; and 3
(g) identify any lands outside the site that are proposed to be used in 4
conjunction with the establishment or operation of the proposed 5
mixed use development; and 6
(h) identify-- 7
(i) the proposed community property; and 8
(ii) any community thoroughfare; and 9
(iii) the access points to the site from roads outside the site; and 10
(i) identify the proposed roads and other proposed major engineering 11
works within the site; and 12
(j) identify existing easements and reserves; and 13
(k) identify existing buildings; and 14
(l) identify any watercourse lines, flood lines, storm surge levels, 15
waterholes and similar features. 16
(6) If the application relates to land that is taken to be zoned for the 17
proposed mixed use development, a matter mentioned in subsection (4) is 18
required to be set out in, or accompany, the application only if the applicant 19
has not already given the relevant information or material to the local 20
authority. 21
(7) A matter mentioned in subsection (4) or (5) may be expressed in 22
words or by way of words and a diagram. 23
(8) In this section-- 24
"interested person" means the applicant, the local authority, the State, the 25
Commonwealth or the provider of a public utility service. 26
on application if site taken to be appropriately zoned 27
Decision
The local authority must decide, in accordance with this 28
Clause29.(1)
section, an application for approval of a scheme in relation to a site that is 29
taken to be zoned for the mixed use development proposed. 30
29
Mixed Use Development
(2) The local authority must decide the application-- 1
(a) within 40 days of receiving it; or 2
(b) if the local authority extends or further extends the period--before 3
the end of the extended period. 4
(3) An extension has effect subject to any written direction given by the 5
Minister to the local authority-- 6
(a) shortening the extension; or 7
(b) directing that the extension ceases to have effect on the giving of 8
the direction. 9
(4) The local authority must notify the applicant of any extension before 10
the extension starts. 11
(5) The local authority may-- 12
(a) approve the scheme; or 13
(b) approve the scheme subject to reasonable and relevant conditions 14
determined by it; or 15
(c) refuse to approve the scheme. 16
on application if site requires rezoning 17
Decision
The local authority must decide, in accordance with this 18
Clause30.(1)
section, an application for approval of a mixed use scheme in relation to a 19
site that is not taken to be zoned for the mixed use development proposed. 20
(2) The application for approval of the mixed use scheme may 21
accompany the application to amend the relevant planning scheme to allow 22
the mixed use development proposed. 23
(3) The public notice and objection requirements that apply under the 24
Local Government (Planning and Environment) Act 1990 to the application 25
to amend the planning scheme do not apply to the application for approval 26
of the mixed use scheme. 27
(4) If the application for approval of the mixed use scheme accompanies 28
the application to amend the planning scheme, the local authority must 29
decide both applications at the same time. 30
(5) The local authority may-- 31
30
Mixed Use Development
(a) approve the mixed use scheme; or 1
(b) approve the mixed use scheme subject to reasonable and relevant 2
conditions determined by it; or 3
(c) refuse to approve the mixed use scheme. 4
of decision on application 5
Notification
The local authority must notify the applicant of its decision 6
Clause31.(1)
within 10 days after it is made. 7
(2) The notification must include-- 8
(a) the decision and its date; and 9
(b) if the application has been refused--the grounds for the refusal; 10
and 11
(c) if the application has been approved--any conditions that attach to 12
the approval; and 13
(d) details of-- 14
(i) the way an applicant may appeal against the refusal or 15
against any conditions to which the approval is subject; and 16
(ii) the time within which an appeal must be made. 17
of scheme by local authority 18
Submission
The local authority must submit the scheme approved by it to 19
Clause32.(1)
the Minister. 20
(2) The scheme must be accompanied by-- 21
(a) details of the assessment of the scheme made by the local 22
authority; and 23
(b) details of any conditions determined by it in relation to the 24
scheme; and 25
(c) details of any decision of the Planning and Environment Court in 26
relation to the scheme; and 27
(d) any other matters required by the Minister. 28
31
Mixed Use Development
(3) The scheme must be submitted to the Minister within-- 1
(a) if the scheme is approved without conditions--14 days after the 2
local authority's decision; or 3
(b) if the time for starting an appeal has ended and no appeal has been 4
started-- 5
(i) if security is required to be lodged with the local authority to 6
ensure compliance with the conditions to which the scheme 7
is subject--14 days after lodgment of the security; or 8
(ii) if security is not required--14 days after the end of the 9
appeal period; or 10
(c) if (in a case to which paragraph (e) does not apply) an appeal has 11
been made and the appeal has been determined by a decision of 12
the Court-- 13
(i) 14 days after the decision; or 14
(ii) another period determined by the Court; or 15
(d) if (in a case to which paragraph (e) does not apply) an appeal has 16
been made and the appeal has been determined otherwise than by 17
a decision of the Court--14 days after the determination; or 18
(e) if, because of the determination of an appeal, the applicant is 19
required to lodge security with the local authority to ensure 20
compliance with conditions to which the scheme is 21
subject--14 days after lodgment of the security. 22
(4) For the purposes of subsection (3), if, before the end of the period 23
mentioned in the subsection, the applicant gives a written notice to the local 24
authority stating that the applicant will not appeal against the local 25
authority's decision, the time for starting an appeal is taken to have ended 26
on receipt by the local authority of the notice. 27
of scheme 28
Approval
Clause33.(1) The Governor in Council may-- 29
(a) approve the scheme; or 30
(b) approve the scheme with modifications or subject to conditions; 31
or 32
32
Mixed Use Development
(c) refuse to approve the scheme. 1
(2) If the Governor in Council approves the scheme, the chief executive 2
must-- 3
(a) notify the approval of the scheme by a Gazette notice that 4
specifies-- 5
(i) the modifications (if any) made by the approval and the 6
conditions (if any) to which the approval is subject; and 7
(ii) the places where a copy of the approved scheme is available 8
for inspection; and 9
(b) keep a copy of the approved scheme available for inspection at the 10
office of the chief executive at Brisbane at all times during which 11
the office is open for the transaction of public business; and 12
(c) note the approval on the plan of development; and 13
(d) send a copy of the approved scheme and the plan of development 14
to the Registrar of Titles and the local 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 scheme to the person. 17
of approved scheme 18
Notation
The local authority and the chief executive must each make an 19
Clause34.
appropriate notation of the approved scheme on-- 20
(a) relevant zoning maps; and 21
(b) any relevant regulatory maps; and 22
(c) any relevant development control plan maps. 23
Division 2--Future development areas 24
that includes future development area 25
Application
An application under Division 1 for the approval of a scheme 26
Clause35.(1)
(the "primary application") may identify an area (a "future development 27
area") in relation to which-- 28
33
Mixed Use Development
(a) provisional approval is sought; and 1
(b) a subsequent application is proposed to be made under 2
Division 1. 3
(2) A future development area may only contain freehold land or land 4
intended to be freeholded. 5
(3) Except in relation to land intended to be freeholded, the primary 6
application may include a future development area only if the land in the 7
future development area-- 8
(a) is taken to be zoned for the mixed use development proposed; or 9
(b) if not taken to be zoned for the mixed use development 10
proposed--is the subject of an application to amend a planning 11
scheme under the Local Government (Planning and 12
Environment) Act 1990 that, if approved, would allow the mixed 13
use development proposed. 14
(4) The primary application may include a future development area only 15
if-- 16
(a) the future development area is contiguous with the other land 17
mentioned in the application; and 18
(b) the intended use of the future development area is compatible 19
with the intended use of the other land. 20
(5) For the purposes of subsection (4), a future development area that is 21
separated from the other land only by a road, railway, tramway or boundary 22
watercourse is taken to be contiguous with the other land. 23
(6) If the primary application identifies a future development area, the 24
applicant must, in addition to giving the information and material required 25
by Division 1, give to the local authority-- 26
(a) the address of the future development area; and 27
(b) a site plan and delineation of the future development area, 28
including real property descriptions and, if appropriate, metes and 29
bounds descriptions; and 30
(c) the name and address of each owner (other than the applicant) of 31
land within the future development area; and 32
(d) the written consent of each owner mentioned in paragraph (c) to 33
34
Mixed Use Development
the inclusion of the owner's land in the future development area; 1
and 2
(e) advice that the land in the future development area is freehold land 3
or is intended to be freeholded. 4
(7) The site plan must identify-- 5
(a) the relationship between the future development area, the site and 6
any adjoining lands; and 7
(b) any lands outside the future development area that are proposed to 8
be used in conjunction with the establishment or operation of the 9
proposed development; and 10
(c) any access points to the future development area from roads 11
outside the future development area; and 12
(d) existing easements and reserves; and 13
(e) any watercourse lines, flood lines, storm surge levels, waterholes 14
and similar features; and 15
(f) the nature and extent of development proposed in the future 16
development area. 17
approval 18
Provisional
An application for provisional approval for a future 19
Clause36.(1)
development area is to be made, and dealt with and approved in the same 20
way and within the same time as the application under Division 1 for 21
approval of a scheme. 22
(2) The requirements of section 34 that apply to the approved scheme 23
also apply to a future development area that has been provisionally 24
approved in relation to the approved scheme. 25
for revocation of provisional approval 26
Application
The proprietor of land in a future development area that is the 27
Clause37.(1)
subject of a provisional approval may apply to have the approval revoked in 28
relation to all or part of the land. 29
(2) An application may not be made in relation to any part of the future 30
35
Mixed Use Development
development area that has been the subject of an application under 1
section 40. 2
(3) Before making the application, the proprietor must give written notice 3
of the proprietor's intention to make the application to-- 4
(a) the community body corporate; and 5
(b) the precinct bodies corporate; 6
(if these exist) inviting written comments from their members before a 7
specified day (not less than 30 days after the giving of the notice). 8
(4) The application must be made in writing to the Minister and 9
include-- 10
(a) a copy of the notice given under subsection (3); and 11
(b) any written comments of the members of the community body 12
corporate or the precinct bodies corporate received by the 13
applicant; and 14
(c) other matters that the Minister considers necessary. 15
of revocation 16
Approval
Clause38.(1) The Governor in Council may-- 17
(a) approve the revocation; or 18
(b) approve the revocation with modifications or subject to specified 19
conditions; or 20
(c) refuse to approve the revocation. 21
(2) If the Governor in Council approves the revocation, the chief 22
executive must-- 23
(a) notify the approval of the revocation by a Gazette notice that 24
specifies-- 25
(i) the modifications (if any) made by the approval and the 26
conditions (if any) to which the approval is subject; and 27
(ii) the places where a copy of the approved revocation is 28
available for inspection; and 29
(b) keep a copy of the approval available for inspection at the office 30
36
Mixed Use Development
of the chief executive at Brisbane at all times during which the 1
office is open for the transaction of public business; and 2
(c) note the revocation on the plan of development; and 3
(d) send a copy of the revocation to the Registrar of Titles and the 4
local authority. 5
(3) The chief executive must, on payment by a person of the reasonable 6
fee decided by the chief executive, give a copy of the approval of the 7
revocation to the person. 8
(4) The Registrar of Titles must note the revocation on the plan of 9
development. 10
of revocation of provisional approval 11
Notation
The local authority and the chief executive must each make an 12
Clause39.
appropriate notation of the revocation on-- 13
(a) relevant zoning maps; and 14
(b) any relevant regulatory maps; and 15
(c) any relevant development control plan maps. 16
for subsequent stages 17
Application
An application may be made to the relevant local authority 18
Clause40.(1)
under Division 1 in relation to all or part of a future development area that is 19
the subject of a provisional approval. 20
(2) The future development area or part of the future development area 21
that is the subject of an application under Division 1 is called a 22
"subsequent stage". 23
(3) Division 1 applies to the application for approval of a subsequent 24
stage. 25
(4) However, if the local authority is satisfied that a matter required under 26
Division 1 for the application has previously been complied with, the local 27
authority may dispense with the matter. 28
(5) The application may be made only if-- 29
37
Mixed Use Development
(a) all necessary amounts have been paid to the local authority; and 1
(b) all necessary undertakings and securities have been given to, or 2
lodged with, the local authority; 3
under an agreement entered into between the applicant and the local 4
authority. 5
(6) The application must-- 6
(a) indicate that the subsequent stage is to be divided into precincts; 7
and 8
(b) specify-- 9
(i) the name of each precinct; and 10
(ii) generally, the intended development of each precinct; and 11
(iii) the permitted uses of the land within each precinct; and 12
(c) be accompanied by a schedule setting out the voting entitlements, 13
and the way of calculating the voting entitlements, of proposed 14
members of the community body corporate. 15
(7) An application in relation to a subsequent stage in a future 16
development area may be made at any time. 17
(8) Land in a subsequent stage is to be subdivided under Part 5 in the 18
same way as land within the site of a scheme. 19
Division 3--Amendment of approved schemes 20
for amendment of an approved scheme 21
Application
The applicant may apply to the relevant local authority for 22
Clause41.(1)
approval of an amendment of an approved scheme. 23
(2) The application must be-- 24
(a) in writing; and 25
(b) signed by the applicant; and 26
(c) in the form (if any) determined by the local authority. 27
(3) A matter in the application may be expressed in words or by way of 28
38
Mixed Use Development
words and a diagram. 1
(4) Subject to section 51, if the applicant is the community body 2
corporate, it may apply to amend the approved scheme only if-- 3
(a) the amendment proposed has been set out in a motion given to its 4
members; and 5
(b) the motion for the proposed amendment has been carried by 6
comprehensive resolution of the body corporate. 7
(5) The application must be accompanied by-- 8
(a) a copy of the motion; and 9
(b) evidence that it has been carried by comprehensive resolution. 10
for amendment to add land to the site 11
Application
If the amendment proposed includes the addition to the site of 12
Clause42.(1)
land outside the site-- 13
(a) the intended use of the additional land-- 14
(i) must be permitted by the relevant planning scheme; or 15
(ii) if not permitted by the relevant planning scheme--must be 16
the subject of an application to amend a planning scheme 17
under the Local Government (Planning and Environment) 18
Act 1990 that, if approved, would allow the use intended; 19
and 20
(b) the intended use of the additional land must be compatible with 21
the approved scheme. 22
(2) The application to add additional land must set out or be accompanied 23
by-- 24
(a) the name of the scheme; and 25
(b) the name and address of the applicant; and 26
(c) the address of the additional land; and 27
(d) the name and address of each owner (other than the applicant) 28
of-- 29
(i) the additional land; and 30
39
Mixed Use Development
(ii) any land outside the site and the future development area that 1
is proposed to be used in conjunction with the mixed use 2
development; and 3
(e) the written consent of each owner mentioned in paragraph (d) to 4
the addition of the owner's land to the site, signed by the owner; 5
and 6
(f) advice that the additional land is freehold land or is intended to be 7
freeholded; and 8
(g) details of each matter for which approval is required, or that must 9
be done, under another Act before approval of the amendment of 10
the approved scheme may be given; and 11
(h) details of all agreements that relate to any part of the additional 12
land; and 13
(i) evidence of all-- 14
(i) undertakings affecting the proposed development of the 15
additional land given by an interested person; and 16
(ii) contracts affecting the proposed development of the 17
additional land entered into between the applicant and 18
another interested person; and 19
(j) a schedule setting out the type and extent of development in each 20
precinct; and 21
(k) details of any minimum lot sizes, height restrictions, building 22
setback requirements, car parking requirements and other 23
requirements that are proposed for the additional land; and 24
(l) a schedule specifying the voting entitlements and the methods of 25
calculating the voting entitlements of existing and proposed 26
members of the community body corporate; and 27
(m) the proposed plan of development for the additional land. 28
(3) The proposed plan of development must-- 29
(a) include-- 30
(i) a site plan; and 31
(ii) a delineation of the additional land; and 32
40
Mixed Use Development
(iii) real property descriptions and, if appropriate, metes and 1
bounds descriptions; and 2
(b) identify the location and specify the area of each of the proposed 3
precincts; and 4
(c) specify the name of each proposed precinct; and 5
(d) specify the proposed uses to be permitted within each precinct; 6
and 7
(e) identify any proposed staged use precincts; and 8
(f) identify on the site plan the relationship between the site and the 9
additional land; and 10
(g) identify any lands outside the site and the future development area 11
(other than additional land) that are proposed to be used in 12
conjunction with the establishment or operation of the mixed use 13
development; and 14
(h) identify-- 15
(i) the proposed roads and other proposed major engineering 16
works within the additional land; and 17
(ii) the access points to the additional land from roads outside 18
the land; and 19
(i) identify existing and proposed easements and reserves; and 20
(j) identify any watercourse lines, flood lines, storm surge levels, 21
waterholes and similar features. 22
(4) In this section-- 23
"interested person" means the applicant, the local authority, the State, the 24
Commonwealth or the provider of a public utility service. 25
not adding additional land 26
Application
An application for approval to amend a scheme that does not 27
Clause43.
relate to additional land must include-- 28
(a) details of the proposed amendment and an explanation of the 29
41
Mixed Use Development
nature and extent of the amendment; and 1
(b) any other relevant matters required by the local authority. 2
amendments not allowed after community plan registered 3
Certain
An applicant may not apply for approval to amend a precinct 4
Clause44.
boundary, or vary a precinct boundary under section 51, after the 5
community plan has been registered. 6
on application if application to amend planning scheme not 7
Decision
required 8
The local authority must decide, in accordance with this 9
Clause45.(1)
section-- 10
(a) an application for approval of an amendment that relates to 11
additional land the use of which is permitted by the relevant 12
planning scheme; or 13
(b) an application for approval of an amendment that does not relate 14
to additional land. 15
(2) The local authority must decide the application-- 16
(a) within 40 days of receiving it; or 17
(b) if the local authority extends or further extends the period--before 18
the end of the extended period. 19
(3) An extension has effect subject to any written direction given by the 20
Minister to the local authority-- 21
(a) shortening the extension; or 22
(b) directing that the extension ceases to have effect on the giving of 23
the direction. 24
(4) The local authority must notify the applicant of any extension before 25
the extension starts. 26
(5) The local authority may-- 27
(a) approve the amendment of the scheme; or 28
(b) approve the amendment of the scheme subject to reasonable and 29
42
Mixed Use Development
relevant conditions determined by it; or 1
(c) refuse to approve the amendment of the scheme. 2
on application if amendment of planning scheme required 3
Decision
The local authority must decide, in accordance with this 4
Clause46.(1)
section, an application for approval of an amendment of a mixed use 5
scheme that relates to additional land the use of which is not permitted by a 6
planning scheme. 7
(2) The application for approval of the amendment of the mixed use 8
scheme may accompany the application to amend the relevant planning 9
scheme to allow the use proposed for the additional land. 10
(3) The public notice and objection requirements that apply under the 11
Local Government (Planning and Environment) Act 1990 to the application 12
to amend the planning scheme do not apply to the application for approval 13
of the amendment of the mixed use scheme. 14
(4) If the application for approval of amendment of the mixed use 15
scheme accompanies the application to amend the relevant planning 16
scheme, the local authority must decide both applications at the same time. 17
(5) The local authority may-- 18
(a) approve the amendment of the mixed use scheme; or 19
(b) approve the amendment of the mixed use scheme subject to 20
reasonable and relevant conditions determined by it; or 21
(c) refuse to approve the amendment of the mixed use scheme. 22
of decision on application 23
Notification
The local authority must notify the applicant of its decision 24
Clause47.(1)
within 10 days after it is made. 25
(2) The notification must include-- 26
(a) the decision and its date; and 27
(b) if the application has been refused--the grounds for the refusal; 28
and 29
43
Mixed Use Development
(c) if the application has been approved--any conditions to which the 1
approval is subject; and 2
(d) details of-- 3
(i) the way an applicant may appeal against the refusal or 4
against any conditions to which the approval is subject; and 5
(ii) the time within which an appeal must be made. 6
of amendment of scheme approved by local authority 7
Submission
Clause48.(1) The local authority must submit the amendment of the scheme 8
approved by it to the Minister. 9
(2) The amendment must be accompanied by-- 10
(a) details of the assessment of the amendment of the scheme made 11
by the local authority; and 12
(b) details of any conditions determined by it in relation to the 13
amendment; and 14
(c) details of any decision of the Planning and Environment Court in 15
relation to the amendment; and 16
(d) any other matters required by the Minister. 17
(3) The amendment must be submitted to the Minister within-- 18
(a) if the amendment is approved without conditions--14 days after 19
the local authority's decision; or 20
(b) if the time for starting an appeal has ended and no appeal has been 21
started-- 22
(i) if security is required to be lodged with the local authority to 23
ensure compliance with the conditions to which the approval 24
of the amendment is subject--14 days after lodgment of the 25
security; or 26
(ii) if security is not required--14 days after the end of the 27
appeal period; or 28
(c) if (in a case to which paragraph (e) does not apply) an appeal has 29
been made and the appeal has been determined by a decision of 30
the Court-- 31
44
Mixed Use Development
(i) 14 days after the decision; or 1
(ii) another period determined by the Court; or 2
(d) if (in a case to which paragraph (e) does not apply) an appeal has 3
been made and the appeal has been determined otherwise than by 4
a decision of the Court--14 days after the determination; or 5
(e) if, because of the determination of an appeal, the applicant is 6
required to lodge security with the local authority to ensure 7
compliance with conditions to which the approval of the 8
amendment is subject--14 days after lodgment of the security. 9
(4) For the purposes of subsection (3), if, before the end of the period 10
mentioned in the subsection, the applicant gives a written notice to the local 11
authority stating that the applicant will not appeal against the local 12
authority's decision, the time for starting an appeal is taken to have ended 13
on receipt by the local authority of the notice. 14
of amendment of scheme 15
Approval
Clause49.(1) The Governor in Council may-- 16
(a) approve the amendment; or 17
(b) approve the amendment with modifications or subject to 18
conditions; or 19
(c) refuse to approve the amendment. 20
(2) If the amendment relates to additional land-- 21
(a) the additional land becomes part of the scheme; and 22
(b) the additional land is to be subdivided under Part 5 in the same 23
way as land within the site of a scheme. 24
(3) If the Governor in Council approves the amendment, the chief 25
executive must-- 26
(a) notify the approval of the amendment by a Gazette notice that 27
specifies-- 28
(i) the modifications (if any) made by the approval and the 29
conditions (if any) to which the approval is subject; and 30
(ii) the places where a copy of the approved amendment is 31
45
Mixed Use Development
available for inspection; and 1
(b) keep a copy of the approved amendment available for inspection 2
at the office of the chief executive at Brisbane at all times during 3
which the office of the chief executive is open for the transaction 4
of public business; and 5
(c) note the approval on any plan of development; and 6
(d) send a copy of the approved amendment and any plan of 7
development each endorsed by the chief executive to the Registrar 8
of Titles and the local authority. 9
(4) The chief executive must, on payment by a person of the reasonable 10
fee decided by the chief executive, give a copy of the amendment to the 11
person. 12
(5) The Registrar of Titles must note the amendment on the plan of 13
development. 14
of amendment 15
Notation
Clause50. If the amendment relates to additional land, the local authority and 16
the chief executive must each make an appropriate notation of the approved 17
amendment on-- 18
(a) relevant zoning maps; and 19
(b) any relevant regulatory maps; and 20
(c) any relevant development control plan maps. 21
variation of precinct boundaries 22
Minor
Clause51.(1) The relevant local authority may approve an application to vary 23
the boundaries of a precinct if, in its opinion, the variation is minor. 24
(2) If the local authority approves the variation, it must submit it to the 25
Minister. 26
(3) The Minister may-- 27
(a) approve the variation; or 28
(b) refuse to approve the variation. 29
46
Mixed Use Development
(4) The provisions of this Act that apply to-- 1
(a) the approval of a scheme; or 2
(b) the approval of an amendment of a scheme; 3
do not apply to the approval of a minor variation under this section. 4
(5) If the Minister approves the variation, the chief executive must give 5
the Registrar of Titles and the local authority a new plan of development that 6
includes the minor variation. 7
Division 4--Appeals 8
to the Planning and Environment Court 9
Appeals
This section applies to the following decisions of a local 10
Clause52.(1)
authority-- 11
(a) a decision refusing to approve a scheme; 12
(b) a decision approving a scheme subject to conditions; 13
(c) a decision refusing to approve an amendment of a scheme; 14
(d) a decision approving an amendment of a scheme subject to 15
conditions; 16
(e) a decision refusing to approve a subsequent stage; 17
(f) a decision approving a subsequent stage subject to conditions; 18
(g) a decision refusing a provisional approval of a future 19
development area; 20
(h) a decision approving a provisional approval of a future 21
development area subject to conditions. 22
(2) An applicant may appeal to the Planning and Environment Court in 23
relation to-- 24
(a) a decision to which this section applies; and 25
(b) a failure of a local authority to decide an application under this 26
Part within the time prescribed by this Part. 27
(3) A person may appeal in relation to a decision mentioned in 28
47
Mixed Use Development
subsection (1)(g) only if-- 1
(a) the application under Division 1 that identifies the future 2
development area has been approved; or 3
(b) if the application under Division 1 has been refused--an appeal 4
against this refusal accompanies the appeal in relation to the 5
decision mentioned in subsection (1)(g). 6
(4) For the purposes of subsection (2)(b), a failure of local authority to 7
decide an application is taken to be a refusal of the local authority to approve 8
the application. 9
(5) If-- 10
(a) an application under this Part accompanies an application for 11
amendment of a planning scheme; and 12
(b) both applications are refused by the local authority; 13
an appeal may be made in relation to the application under this Part only if 14
an appeal is also made in relation to the other application. 15
(6) Part 7 (Appeals) of the Local Government (Planning and 16
Environment) Act 1990 applies to an appeal under this section with any 17
necessary modifications. 18
Division 5--Effect of approval of scheme 19
scheme regulates development etc. of site 20
Approved
The mixed use scheme regulates the development and use of 21
Clause53.(1)
land within the site. 22
(2) The mixed use scheme modifies any planning scheme in force in 23
relation to the site to the extent the planning scheme is inconsistent with the 24
mixed use scheme. 25
(3) However, the mixed use scheme cannot increase the uses permitted 26
by the planning scheme. 27
(4) Part 5 (Subdivision applications) of the Local Government (Planning 28
and Environment) Act 1990 does not apply to the site. 29
(5) Subdivision of land by-laws made under the Local Government 30
48
Mixed Use Development
Act 1936 do not apply to the site. 1
(6) By-laws or ordinances made by a local authority under any Act do 2
not apply to the site so far as they are inconsistent with this Act or the 3
scheme. 4
(7) Any land, building or structure may be used within a precinct without 5
the consent of the local authority, for any of the purposes set out in the 6
scheme as a permitted use in relation to the precinct. 7
Division 6-- Rescission of approved schemes 8
for rescission 9
Application
The applicant may apply to the Minister for rescission of the 10
Clause54.(1)
scheme. 11
(2) The application may be made only if no plan of subdivision has been 12
registered under this Act. 13
(3) However, the application may be made if all plans that have been 14
registered have been extinguished under section 108. 15
(4) If all plans have been extinguished, the application for rescission 16
must be made by all proprietors within the site. 17
of approval 18
Rescission
The Minister must consider the application and discuss it with 19
Clause55.(1)
the local authority. 20
(2) The Governor in Council may-- 21
(a) approve the rescission; or 22
(b) approve the rescission subject to conditions; or 23
(c) refuse to approve the rescission. 24
(3) If the Governor in Council approves the rescission, the chief 25
executive must-- 26
(a) notify the approval of the rescission by a Gazette notice that 27
specifies-- 28
49
Mixed Use Development
(i) the conditions (if any) to which the approval is subject; and 1
(ii) the places where a copy of the approved rescission is 2
available for inspection; and 3
(b) keep a copy of the approval available for inspection at the office 4
of the chief executive at Brisbane at all times during which the 5
office is open for the transaction of public business; and 6
(c) note the rescission on the plan of development; and 7
(d) send a copy of the approval to the Registrar of Titles and the local 8
authority. 9
(4) The chief executive must, on payment by a person of the reasonable 10
fee decided by the chief executive, give a copy of the approval of the 11
rescission to the person. 12
(5) The Registrar of Titles must note the rescission on the plan of 13
development. 14
of rescission 15
Notation
The local authority and chief executive must each make an 16
Clause56.
appropriate notation of the rescission of the scheme on-- 17
(a) relevant zoning maps; and 18
(b) any relevant regulatory maps; and 19
(c) any relevant development control maps. 20
of rescission 21
Effect
On rescission of an approved scheme-- 22
Clause57.(1)
(a) the provisions of this Act that applied because of the scheme no 23
longer apply; and 24
(b) the provisions of the Canals Act 1958 prescribed for the purposes 25
of section 156 again apply. 26
(2) Nothing in subsection (1) affects anything lawfully done before the 27
rescission of the approved scheme. 28
50
Mixed Use Development
7--Unauthorised uses 1
Division
of construction works 2
Use
A person must not use construction works that have been 3
Clause58.
undertaken in a future development area unless the works are situated in a 4
subsequent stage that has been approved under Division 1. 5
Maximum penalty--500 penalty units. 6
of land etc. within a precinct 7
Use
A person must not use land, or a building or other structure, 8
Clause59.
within a precinct for a use that is not a use specified in the scheme as a 9
permitted use in relation to the precinct. 10
Maximum penalty--200 penalty units. 11
PART 4--THE SITE 12
site 13
The
The site of a scheme consists of all land within the boundaries 14
Clause60.(1)
of the site set out in the scheme. 15
(2) The site must consist only of freehold land and land intended to be 16
freeholded. 17
(3) Despite any other Act or law, the site may include land mentioned in 18
subsection (2) that is, or may become, inundated by water or subject to tidal 19
influence. 20
(4) The boundaries of the site may enclose 2 or more parcels of land, but 21
only to the extent that this is necessary because a road, railway, tramway or 22
boundary watercourse that is not intended to be freeholded divides the 23
parcels. 24
51
Mixed Use Development
of Crown land 1
Grant
Clause61.(1) The power conferred by the Land Act 1962 on the Governor in 2
Council to grant in fee simple any Crown land within Queensland includes, 3
in relation to Crown land included or to be included as part of a scheme, 4
power to grant the land in fee simple to an applicant, on payment of the 5
amount that the Governor in Council determines, in priority to and to 6
exclusion of all other persons. 7
(2) Subsection (1) applies despite the Land Act 1962. 8
(3) The power applies only to land-- 9
(a) that is necessary to regularise the boundaries of the site and is 10
required in relation to works to be carried out on the site; and 11
(b) that, following development of the site, is of a shape that cannot 12
reasonably be used otherwise than in relation to the site. 13
forms part of local authority area 14
Site
Clause62.(1) If a part of the site is not within the area of any local authority, 15
the part forms part of the area of the local authority to which application in 16
relation to a scheme was made. 17
(2) Subsection (1) applies despite any other Act. 18
ART 5--SUBDIVISION OF SITE 19
P
1--Subdivision of site by community plan 20
Division
of community plan 21
Lodgment
After the approval of a scheme by the Governor in Council, 22
Clause63.(1)
the proprietor of land within the site must lodge with the local authority a 23
community plan subdividing land within the site into-- 24
(a) a lot that comprises, or lots that together comprise, the 25
community property as provided for in the scheme; and 26
52
Mixed Use Development
(b) a community development lot that comprises, or community 1
development lots that together comprise, the balance of the land 2
within the site. 3
(2) The community plan must-- 4
(a) identify the community property; and 5
(b) be accompanied by a schedule setting out the voting entitlement 6
applicable to each community development lot. 7
of community plan 8
Approval
The local authority may approve a community plan and 9
Clause64.(1)
schedule only if it is satisfied that-- 10
(a) each lot comprising community property is shown on-- 11
(i) the plan; or 12
(ii) a previous plan approved by the local authority that forms 13
part of the community plan; and 14
(b) each community development lot has access to a dedicated road 15
outside the site directly or through the community thoroughfare 16
that is, or is to be, constructed on the community property; and 17
(c) if there is more than 1 community development lot in a 18
precinct--the combined voting entitlement of the lots equals the 19
voting entitlement of the precinct; and 20
(d) the provisions of the scheme that apply to the lots on the plan 21
have been complied with; and 22
(e) the lots on the plan have been, or will be, provided with essential 23
services. 24
(2) For the purposes of subsection (1)(b)-- 25
(a) if the site is on an island and there is no dedicated road adjoining 26
the site--a community development lot is taken to have access to 27
a dedicated road if the lot or the community thoroughfare adjoins 28
the foreshore; or 29
(b) if the site is remote and there is no dedicated road adjoining the 30
site--a community development lot is taken to have access to a 31
53
Mixed Use Development
dedicated road if the Minister has advised the local authority that 1
the Minister is satisfied that there is appropriate access to the site. 2
(3) If a community development lot is taken to have access to a dedicated 3
road under subsection (2), a lot is also taken to have access to a dedicated 4
road if created by the subdivision of-- 5
(a) the community development lot; or 6
(b) a lot created by the subdivision of the community development 7
lot. 8
(4) Subsection (3) has effect subject to the provisions of this Act that 9
relate to access. 10
of community plan 11
Registration
The Registrar of Titles may register a community plan only 12
Clause65.(1)
if-- 13
(a) it includes the subdivision of the site into a lot or lots comprising 14
the community property or a plan that forms part of the 15
community plan has previously created community property and 16
been registered by the Registrar of Titles; and 17
(b) it is accompanied by a schedule setting out the voting entitlement 18
applicable to each community development lot; and 19
(c) the plan and the schedule have been approved by the local 20
authority. 21
(2) In determining whether a lot has access to a dedicated road, the 22
Registrar of Titles is not obliged to make inquiries but may rely on the local 23
authority's approval of the plan. 24
of community property in community body corporate 25
Vesting
On registration of the community plan creating lots 26
Clause66.(1)
comprising the community property and after registration of the necessary 27
transfer by the Registrar of Titles, the lots are transferred to the community 28
body corporate. 29
(2) If land that is to become community property is mortgaged, the 30
transfer may be registered only if the mortgage has been released. 31
54
Mixed Use Development
(3) The Registrar of Titles must issue certificates of title in the name of 1
the community body corporate. 2
(4) The community body corporate must not be required to make any 3
payment or provide any consideration for the transfer. 4
(5) This section does not affect the operation of section 150. 5
2--Amalgamation of community development lots by 6
Division
community plan of amalgamation 7
plan of amalgamation 8
Community
The proprietor of 2 or more community development lots on a 9
Clause67.(1)
community plan may amalgamate the lots by a community plan of 10
amalgamation. 11
(2) The community plan of amalgamation must-- 12
(a) be lodged with the local authority; and 13
(b) be accompanied by a schedule setting out the voting entitlement 14
that is to apply to the new community development lot. 15
of community plan of amalgamation 16
Approval
A local authority may approve a community plan of 17
Clause68.
amalgamation and schedule only if it is satisfied that-- 18
(a) the voting entitlement that is to apply to the new community 19
development lot equals the total voting entitlement that applies to 20
the community development lots being amalgamated; and 21
(b) the provisions of the scheme that apply to the amalgamated lot 22
have been complied with; and 23
(c) the amalgamated lot has been, or will be, provided with essential 24
services. 25
of community plan of amalgamation 26
Registration
The Registrar of Titles may register a community plan of 27
Clause69.
55
Mixed Use Development
amalgamation only if-- 1
(a) it is accompanied by a schedule setting out the voting entitlement 2
that is to apply to the new community development lot; and 3
(b) the plan and schedule have been approved by the local authority. 4
of amalgamation 5
Notice
On registration of the community plan of amalgamation, the 6
Clause70.
proprietor of the new community development lot must give written notice 7
to the community body corporate of-- 8
(a) the proprietor's full name and address for service; and 9
(b) the date of registration of the community plan of amalgamation; 10
and 11
(c) the description of the community development lots amalgamated; 12
and 13
(d) the description of the new community development lot; and 14
(e) the voting entitlement that applies to the new community 15
development lot. 16
3--Subdivision of community development lot by community 17
Division
plan of subdivision 18
plan of subdivision 19
Community
The proprietor of a community development lot may 20
Clause71.(1)
subdivide it by a community plan of subdivision into-- 21
(a) 2 or more community development lots; or 22
(b) 1 or more community development lots and 1 or more 23
community property lots. 24
(2) The community plan of subdivision must-- 25
(a) be lodged with the local authority; and 26
(b) be accompanied by a schedule setting out the voting entitlement 27
that is to apply to each community development lot created by the 28
56
Mixed Use Development
plan. 1
(3) The proprietor may lodge a community plan of subdivision that 2
creates a community property lot only if-- 3
(a) details of the proposed subdivision have been set out in a motion 4
given to the members of the community body corporate; and 5
(b) the motion has been carried by comprehensive resolution. 6
of community plan of subdivision 7
Approval
A local authority may approve a community plan of subdivision 8
Clause72.
and schedule only if it is satisfied that-- 9
(a) the total voting entitlement that is to apply to the new community 10
development lot or lots equals the voting entitlement that applies 11
to the community development lot being subdivided; and 12
(b) each new community development lot has access to a dedicated 13
road outside the site directly or through the community 14
thoroughfare that is, or is to be constructed, on a lot that 15
comprises or on lots that comprise the community property; and 16
(c) the provisions of the scheme that apply to the lots on the plan 17
have been complied with; and 18
(d) the lots on the plan have been, or will be, provided with essential 19
services. 20
of community plan of subdivision 21
Registration
The Registrar of Titles may register a community plan of 22
Clause73.(1)
subdivision only if-- 23
(a) it is accompanied by a schedule setting out the voting entitlement 24
that is to apply to each community development lot created by the 25
plan; and 26
(b) the plan and the schedule have been approved by the local 27
authority. 28
(2) In determining whether a lot has access to a dedicated road, the 29
Registrar of Titles is not obliged to make inquiries but may rely on the local 30
57
Mixed Use Development
authority's approval of the plan. 1
of subdivision 2
Notice
On registration of the community plan of subdivision, the 3
Clause74.
proprietor of the new community development lots must give written notice 4
to the community body corporate of-- 5
(a) the proprietor's full name and address for service; and 6
(b) the date of registration of the community plan of subdivision; and 7
(c) the description of the community development lot subdivided; 8
and 9
(d) the description of the new community development lots; and 10
(e) the voting entitlement that applies to each new community 11
development lot. 12
of community property in community body corporate 13
Vesting
On registration of the community plan of subdivision creating 14
Clause75.(1)
or lots comprising the community property and after registration of the 15
necessary transfer by the Registrar of Titles, the lots are transferred to the 16
community body corporate. 17
(2) If land that is to become community property is mortgaged, the 18
transfer may be registered only if the mortgage has been released. 19
(3) The Registrar of Titles must issue certificates of title in the name of 20
the community body corporate. 21
(4) The community body corporate must not be required to make any 22
payment or provide any consideration for the transfer. 23
(5) This section does not affect the operation of section 150. 24
4--Subdivision of community development lot by stratum plan 25
Division
under Part 6 26
58
Mixed Use Development
subdivision of community development lot 1
Stratum
The proprietor of a community development lot may 2
Clause76.(1)
subdivide it by a stratum plan under Part 6 into stratum lots called 3
"community stratum lots". 4
(2) The stratum plan must-- 5
(a) be lodged with the local authority; and 6
(b) be accompanied by-- 7
(i) a schedule setting out the voting entitlement that is to apply 8
to each community stratum lot created by the stratum plan; 9
and 10
(ii) a management statement mentioned in Part 6. 11
of stratum plan 12
Approval
A local authority may approve a stratum plan and schedule 13
Clause77.(1)
only if it is satisfied that-- 14
(a) the total voting entitlement that is to apply to the community 15
stratum lots equals the voting entitlement that applied to the 16
community development lot being subdivided; and 17
(b) each new community stratum lot has access to-- 18
(i) a dedicated road outside the site; or 19
(ii) the community thoroughfare; and 20
(c) the provisions of the scheme that apply to the lots on the plan 21
have been complied with; and 22
(d) the lots on the plan have been, or will be, provided with essential 23
services. 24
(2) If the local authority approves the stratum plan and the schedule, it 25
may also approve the management statement. 26
(3) For the purposes of this section, access need not be access by road. 27
Division 5--Subdivision of community development lot by building units 28
or group titles plan 29
59
Mixed Use Development
units or group titles plan 1
Building
Clause78. If a community development lot created by the registration of-- 2
(a) a community plan; or 3
(b) a community plan of amalgamation; or 4
(c) a community plan of subdivision; 5
is not to be subdivided by a precinct plan under Division 6 or a stratum plan 6
under Part 6, it may be subdivided by a building units or group titles plan 7
under this Division. 8
of building units or group titles plan 9
Lodgment
A building units or group titles plan must be lodged with the 10
Clause79.(1)
local authority. 11
(2) A group titles plan must be accompanied by a statement by the 12
proprietor of the community development lot-- 13
(a) indicating whether or not it is proposed to subdivide any lot 14
created by the group titles plan by the registration of a building 15
units plan; and 16
(b) if it is proposed to do so--identifying the lot. 17
(3) If-- 18
(a) a group titles plan creates lots; and 19
(b) at least 1 of the lots is proposed to be further subdivided by the 20
registration of a building units plan; 21
the group titles plan must be accompanied by a schedule setting out, in 22
relation to each lot proposed to be further subdivided, the maximum 23
number of lots into which the lot may be subdivided. 24
(4) Each lot on a group titles plan must have access to a dedicated road 25
whether directly or through-- 26
60
Mixed Use Development
(a) the community thoroughfare; or 1
(b) the common property. 2
of building units or group titles plan 3
Approval
Clause80.(1) A local authority may approve a group titles plan and schedule 4
only if-- 5
(a) it is satisfied that each lot created has the access mentioned in 6
section 79(4); and 7
(b) the plan is accompanied by-- 8
(i) the statement mentioned in section 79(2); and 9
(ii) if applicable--the schedule mentioned in section 79(3). 10
(2) A local authority may approve a building units plan that subdivides a 11
group title lot only if it is satisfied that the group title lot has the access 12
mentioned in section 79(4). 13
(3) If the schedule accompanying a group titles plan indicates that it is 14
proposed to further subdivide any lot created, the local authority must 15
endorse that fact on the plan. 16
of building units or group titles plan 17
Registration
Clause81.(1) The Registrar of Titles may register a building units or a group 18
titles plan only if the plan and, if applicable, the schedule accompanying the 19
plan, have been approved by the local authority. 20
(2) In determining whether a lot has access to a dedicated road, the 21
Registrar of Titles does not have to make inquiries but may rely on the local 22
authority's approval of the plan. 23
of group title lot by building units plan 24
Subdivision
If the statement accompanying a group titles plan identifies a 25
Clause82.(1)
group title lot that is proposed to be subdivided by way of a building units 26
plan, the building units plan may be-- 27
(a) approved by the local authority; and 28
61
Mixed Use Development
(b) registered by the Registrar of Titles. 1
(2) The first proviso to section 10(1) of the Building Units and Group 2
Titles Act 1980 does not apply to a subdivision by a building units plan 3
mentioned in subsection (1). 4
(3) Despite the Building Units and Group Titles Act 1980, the 5
registration of a building units plan under subsection (1) has effect as if the 6
subdivision by the plan were a subdivision of the original group titles plan. 7
(4) If a building units plan subdivides a lot created by a group titles plan, 8
a further body corporate is not created by registration of the building units 9
plan. 10
(5) For the purposes of the Building Units and Group Titles Act 1980, 11
the body corporate created by registration of the group titles plan is taken to 12
be the body corporate created by the registration of the building units plan. 13
(6) Subsections (4) and (5) apply despite section 27 of the Building Units 14
and Group Titles Act 1980. 15
of group title lot by group titles plan 16
Subdivision
Clause83.(1) Before a group title lot is subdivided by a building units plan, it 17
may be subdivided by a group titles plan. 18
(2) Section 79(2) and (3) apply to the subdivision of a group title lot by a 19
group titles plan as if it were the subdivision of a community development 20
lot by a group titles plan. 21
(3) The number of lots created by the subdivision of the group title lot by 22
a further group titles plan, and then by a building units plan, must not 23
exceed the number of lots indicated on the schedule under section 79(3) in 24
relation to the subdivision of the community development lot by the group 25
titles plan. 26
(4) Sections 80 and 81 relating to approval by a local authority and 27
registration by the Registrar of Titles apply to a plan mentioned in this 28
section. 29
62
Mixed Use Development
entitlement if group title lot to be subdivided by a building units 1
Lot
plan 2
If a group titles plan creates a lot that is to be subdivided by a 3
Clause84.(1)
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 7
Act 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
The following provisions of the Building Units and Group 11
Clause85.(1)
Titles Act 1980 do not apply to a subdivision under this Division-- 12
(a) the second proviso to section 10(1); and 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
6--Subdivision of community development lot by precinct plan 19
Division
plan 20
Precinct
The proprietor of a community development lot may 21
Clause86.(1)
subdivide it by a precinct plan if-- 22
(a) the community development lot is contained within a staged use 23
precinct that is identified in the scheme; or 24
(b) the proprietor later advises the local authority of the proprietor's 25
intention to develop the precinct within which the community 26
development lot is situated as a staged use precinct. 27
(2) A precinct plan must subdivide a community development lot into-- 28
(a) a precinct development lot; and 29
63
Mixed Use Development
(b) if necessary for access--a precinct property lot. 1
(3) A precinct plan may subdivide a community development lot into-- 2
(a) more than 1 precinct development lot; and 3
(b) more than 1 precinct property lot; and 4
(c) if the lot or lots created do not cover the whole of the community 5
development lot--a balance precinct development lot. 6
(4) A balance precinct development lot may be later subdivided-- 7
(a) by a precinct plan as if it were a community development lot; or 8
(b) under section 101; or 9
(c) by a stratum plan. 10
(5) A precinct plan subdividing a community development lot must be 11
lodged with the local authority. 12
(6) A precinct plan must-- 13
(a) identify any precinct property; and 14
(b) be accompanied by a schedule setting out the voting entitlement 15
that applies to each precinct development lot, and any balance 16
precinct development lot, created by the plan. 17
(7) If a staged use precinct is identified in the application for an approved 18
scheme, the local authority and the applicant may agree to defer the payment 19
of contributions towards water supply, sewerage and drainage works until 20
the approval by the local authority of the precinct plans that create precinct 21
development lots. 22
of precinct plan 23
Approval
Clause87. The local authority may approve a precinct plan and schedule only 24
if the community plan has previously been approved by it and it is satisfied 25
that-- 26
(a) each precinct development lot has access to-- 27
(i) a dedicated road outside the site; or 28
(ii) the community thoroughfare; 29
64
Mixed Use Development
whether directly or through the precinct thoroughfare that is, or is 1
to be, constructed on the lot or lots shown on the plan as 2
constituting precinct property; and 3
(b) the total voting entitlement that is to apply to-- 4
(i) each of the new precinct development lots; and 5
(ii) any balance precinct development lot; 6
equals the voting entitlement that applies to the community 7
development lot being subdivided; and 8
(c) the provisions of the scheme that apply to the lots on the plan 9
have been complied with; and 10
(d) the lots on the plan have been, or will be, provided with essential 11
services. 12
of precinct plan 13
Registration
Clause88.(1) The Registrar of Titles may register a precinct plan only if-- 14
(a) it is accompanied by a schedule setting out the voting entitlement 15
that applies to each precinct development lot, and any balance 16
precinct development lot, created by the plan; and 17
(b) the plan and schedule have been approved by the local authority. 18
(2) In determining whether a lot has access to a dedicated road, the 19
Registrar of Titles is not obliged to make inquiries but may rely on the local 20
authority's approval of the plan. 21
of precinct property in precinct body corporate 22
Vesting
Clause89.(1) On registration of the precinct plan creating lots comprising the 23
precinct property and registration of the necessary transfer by the Registrar 24
of Titles, the lots are transferred to the precinct body corporate. 25
(2) If land that is to become precinct property is mortgaged, the transfer 26
may be registered only if the mortgage has been released. 27
(3) The Registrar of Titles must issue certificates of title in the name of 28
the precinct body corporate. 29
65
Mixed Use Development
(4) The precinct body corporate must not be required to make any 1
payment or provide any consideration for the transfer. 2
(5) This section does not affect the operation of section 150. 3
7--Amalgamation of precinct development lots by precinct plan 4
Division
of amalgamation 5
plan of amalgamation 6
Precinct
The proprietor of 2 or more precinct development lots that 7
Clause90.(1)
previously formed part of the same community development lot may 8
amalgamate the lots by a precinct plan of amalgamation. 9
(2) The precinct plan of amalgamation must-- 10
(a) be lodged with the local authority; and 11
(b) be accompanied by a schedule setting out the voting entitlement 12
that is to apply to the new precinct development lot. 13
of precinct plan of amalgamation 14
Approval
A local authority may approve a precinct plan of amalgamation 15
Clause91.
and schedule only if it is satisfied that-- 16
(a) the voting entitlement that is to apply to the new precinct 17
development lot equals the total voting entitlement that applies to 18
the precinct development lots being amalgamated; and 19
(b) the provisions of the scheme that apply to the amalgamated lot 20
have been complied with; and 21
(c) the lot has been, or will be, provided with essential services. 22
of precinct plan of amalgamation 23
Registration
The Registrar of Titles may register a precinct plan of 24
Clause92.
amalgamation only if-- 25
66
Mixed Use Development
(a) it is accompanied by a schedule setting out the voting entitlement 1
that is to apply to the new precinct development lot; and 2
(b) the plan and schedule have been approved by the local authority. 3
of amalgamation 4
Notice
On registration of the precinct plan of amalgamation, the 5
Clause93.
proprietor of the new precinct development lot must give written notice to 6
the precinct body corporate of-- 7
(a) the proprietor's full name and address for service; and 8
(b) the date of registration of the precinct plan of amalgamation; and 9
(c) the description of the precinct development lots amalgamated; and 10
(d) the description of the new precinct development lot; and 11
(e) the voting entitlement that applies to the new precinct 12
development lot. 13
8--Subdivision of precinct development lot by precinct plan of 14
Division
subdivision 15
plan of subdivision 16
Precinct
The proprietor of a precinct development lot may subdivide it 17
Clause94.(1)
by a precinct plan of subdivision into-- 18
(a) 2 or more precinct development lots; or 19
(b) 1 or more precinct development lots and 1 or more precinct 20
property lots. 21
(2) The precinct plan of subdivision must-- 22
(a) be lodged with the local authority; and 23
(b) be accompanied by a schedule setting out the voting entitlement 24
that is to apply to each precinct development lot created by the 25
plan. 26
(3) The proprietor of a precinct development lot may lodge with the local 27
authority a precinct plan of subdivision that creates a precinct property lot 28
67
Mixed Use Development
only if-- 1
(a) details of the proposed subdivision have been set out in a motion 2
given to the members of the precinct body corporate; and 3
(b) the motion has been carried by comprehensive resolution. 4
of precinct plan of subdivision 5
Approval
A local authority may approve a precinct plan of subdivision and 6
Clause95.
schedule only if it is satisfied that-- 7
(a) the total voting entitlement that is to apply to the new precinct 8
development lots equals the voting entitlement that applies to the 9
precinct development lot being subdivided; and 10
(b) each new precinct development lot has access to-- 11
(i) a dedicated road outside the site; or 12
(ii) the community thoroughfare; 13
directly or through the precinct thoroughfare that is, or is to be, 14
constructed on a lot that comprises or lots that together comprise 15
precinct property; and 16
(c) the provisions of the scheme that apply to the lots on the plan 17
have been complied with; and 18
(d) the lots on the plan have been, or will be, provided with essential 19
services. 20
of precinct plan of subdivision 21
Registration
The Registrar of Titles may register a precinct plan of 22
Clause96.(1)
subdivision only if-- 23
(a) it is accompanied by a schedule setting out the voting entitlement 24
that is to apply to each precinct development lot created by the 25
plan; and 26
(b) the plan and the schedule have been approved by the local 27
authority. 28
(2) In determining whether a lot has access to a dedicated road, the 29
68
Mixed Use Development
Registrar of Titles is not obliged to make inquiries but may rely on the local 1
authority's approval of the plan. 2
of subdivision 3
Notice
On registration of the precinct plan of subdivision, the proprietor 4
Clause97.
of a new precinct development lot must give written notice to the precinct 5
body corporate of-- 6
(a) the proprietor's full name and address for service; and 7
(b) the date of registration of the precinct plan of subdivision; and 8
(c) the description of the precinct development lot subdivided; and 9
(d) the description of the new precinct development lots; and 10
(e) the voting entitlement that applies to each new precinct 11
development lot. 12
of precinct property in precinct body corporate 13
Vesting
Clause98.(1) On registration of the precinct plan of subdivision creating lots 14
comprising the precinct property and registration of the necessary transfer 15
by the Registrar of Titles, the lots are transferred to the precinct body 16
corporate. 17
(2) If land that is to become precinct property is mortgaged, the transfer 18
may be registered only if the mortgage has been released. 19
(3) The Registrar of Titles must issue certificates of title in the name of 20
the precinct body corporate. 21
(4) The precinct body corporate must not be required to make any 22
payment or provide any consideration for the transfer. 23
(5) This section does not affect the operation of section 150. 24
69
Mixed Use Development
Division 9--Subdivision of precinct development lot or balance precinct 1
development lot by stratum plan under Part 6 2
plan 3
Stratum
99.(1) The proprietor of a precinct development lot or balance precinct 4
development lot may subdivide it by a stratum plan under Part 6 into 5
stratum lots called "precinct stratum lots". 6
(2) The stratum plan must-- 7
(a) be lodged with the local authority; and 8
(b) be accompanied by-- 9
(i) a schedule setting out the voting entitlement that is to apply 10
to each precinct stratum lot created by the stratum plan; and 11
(ii) a management statement mentioned in Part 6. 12
of stratum plan 13
Approval
A local authority may approve a stratum plan and schedule 14
Clause100.(1)
only if it is satisfied that-- 15
(a) the total voting entitlement that is to apply to the precinct stratum 16
lots equals the voting entitlement that applied to the precinct 17
development lot or balance precinct development lot being 18
subdivided; and 19
(b) each new precinct stratum lot has access to-- 20
(i) a dedicated road outside the site; or 21
(ii) the community thoroughfare; or 22
(iii) the precinct thoroughfare; and 23
(c) the provisions of the scheme that apply to the lots on the plan 24
have been complied with; and 25
(d) the lots on the plan have been, or will be, provided with essential 26
services. 27
(2) If the local authority approves the stratum plan and the schedule, it 28
70
Mixed Use Development
may also approve the management statement. 1
(3) For the purposes of this section, access need not be access by road. 2
Division 10--Subdivision of precinct development lot or balance precinct 3
development lot by building units or group titles plan 4
by building units or group titles plan 5
Subdivision
Clause101.(1) A precinct development lot may be subdivided only-- 6
(a) under Division 8 or 9; or 7
(b) by a building units or group titles plan. 8
(2) A balance precinct development lot may be subdivided by a building 9
units or group titles plan. 10
(3) A building units or group titles plan must be lodged with the local 11
authority. 12
(4) A group titles plan must be accompanied by a statement by the 13
proprietor of the precinct development lot or balance precinct development 14
lot-- 15
(a) indicating whether or not it is proposed to subdivide any lot 16
created by the group titles plan by the registration of a building 17
units plan; and 18
(b ) if it is proposed to do so--identifying the lot. 19
(5) If-- 20
(a) a group titles plan creates lots; and 21
(b) at least 1 of the lots is proposed to be further subdivided by the 22
registration of a building units plan; 23
the plan must be accompanied by a schedule setting out, in relation to each 24
lot proposed to be further subdivided, the maximum number of lots into 25
which the lot may be subdivided. 26
(6) Each lot on a group titles plan must have access to a dedicated road 27
whether directly or through-- 28
(a) the community thoroughfare; or 29
71
Mixed Use Development
(b) a precinct thoroughfare; or 1
(c) the common property. 2
of building units or group titles plan 3
Approval
Clause102.(1) A local authority may approve a group titles plan only if-- 4
(a) it is satisfied that each lot created has the access mentioned in 5
section 101(6); and 6
(b) the plan is accompanied by-- 7
(i) the statement mentioned in section 101(4); and 8
(ii) if applicable--the schedule mentioned in section 101(5). 9
(2) A local authority may approve a building units plan that subdivides a 10
group title lot only if it is satisfied that the group title lot has the access 11
mentioned in section 101(6). 12
(3) If the schedule accompanying a group titles plan indicates that it is 13
proposed to further subdivide any lot created, the local authority must 14
endorse that fact on the plan. 15
of building units or group titles plan 16
Registration
Clause103.(1) The Registrar of Titles may register a building units or group 17
titles plan only if the plan and, if applicable, the schedule accompanying the 18
plan have been approved by the local authority. 19
(2) In determining whether a lot has access to a dedicated road, the 20
Registrar of Titles does not have to make inquiries but may rely on the local 21
authority's approval of the plan. 22
of group title lot by a building units plan 23
Subdivision
If the statement accompanying a group titles plan identifies a 24
Clause104.(1)
group title lot that is proposed to be subdivided by way of a building units 25
plan, the building units plan may be-- 26
(a) approved by the local authority; and 27
(b) registered by the Registrar of Titles. 28
72
Mixed Use Development
(2) The first proviso to section 10(1) of the Building Units and Group 1
Titles Act 1980 does not apply to a subdivision by a building units plan 2
mentioned in subsection (1). 3
(3) Despite the Building Units and Group Titles Act 1980, the 4
registration of a building units plan under subsection (1) has effect as if the 5
subdivision by the plan were a subdivision of the original group titles plan. 6
(4) If a building units plan subdivides a lot created by a group titles plan, 7
a further body corporate is not created by registration of the building units 8
plan. 9
(5) For the purposes of the Building Units or Group Titles Act 1980, the 10
body corporate created by registration of the group titles plan is taken to be 11
the body corporate created by the registration of the building units plan. 12
(6) Subsections (4) and (5) apply despite section 27 of the Building Units 13
and Group Titles Act 1980. 14
of group title lot by group titles plan 15
Subdivision
Clause105.(1) A group title lot may be subdivided by a group titles plan or a 16
building units plan. 17
(2) Section 101(4) and (5) apply to the subdivision of a group title lot by 18
a group titles plan as if it were the subdivision of a precinct development lot 19
or balance precinct development lot by a group titles plan. 20
(3) The number of lots created by the subdivision of the group title lot by 21
a further group titles plan, and then by a building units plan, must not 22
exceed the number of lots indicated on the schedule mentioned in 23
section 101(5) in relation to the subdivision of the precinct development lot, 24
or balance precinct development lot, by the group titles plan. 25
(4) Sections 102 and 103 relating to approval by a local authority and 26
registration by the Registrar of Titles apply to a plan mentioned in this 27
section. 28
entitlement if group title lot to be subdivided by a building units 29
Lot
plan 30
Clause106.(1) If a group titles plan creates a lot that is to be subdivided by a 31
building units plan, then, in specifying the lot entitlement of the lot, regard 32
73
Mixed Use Development
must be had to the maximum number of lots into which the lot may be 1
subdivided by the building units plan. 2
(2) Section 19(2) and (3) of the Building Units and Group Titles 3
Act 1980 does not apply to a group titles plan if a lot on the plan is to be 4
subdivided by a building units plan. 5
of Building Units and Group Titles Act to subdivisions 6
Application
The following provisions of the Building Units and Group 7
Clause107.(1)
Titles Act 1980 do not apply to a subdivision under this Division-- 8
(a) the second proviso to section 10(1); and 9
(b) section 10(6)(b). 10
(2) For the purposes of section 9(7) of the Building Units and Group 11
Titles Act 1980, a plan of subdivision is taken to comply with the 12
requirements mentioned in the subsection in relation to the subdivision if 13
the plan complies with those requirements as modified by this Act. 14
11--Matters applying to subdivision generally 15
Division
A--Extinguishment of plans 16
Subdivision
of plan 17
Extinguishment
Clause108. A plan registered under this Act (other than a stratum plan) may 18
be extinguished-- 19
(a) after unanimous resolution of the relevant body corporate; or 20
(b) if the Supreme Court makes an order extinguishing the plan. 21
of Supreme Court to extinguish plan 22
Order
An application to extinguish a plan may be made to the 23
Clause109.(1)
Supreme Court by-- 24
(a) the relevant body corporate; or 25
(b) a proprietor of a lot; or 26
74
Mixed Use Development
(c) a registered mortgagee of a lot. 1
(2) In considering an application to extinguish a plan, the Supreme Court 2
must have regard to the rights and interests of the proprietors as a whole. 3
(3) If the Supreme Court makes an order extinguishing a plan, it must 4
also order-- 5
(a) that the relevant body corporate be wound up; and 6
(b) that-- 7
(i) the land comprised in the extinguished plan; and 8
(ii) any property of the body corporate; 9
be vested in the proprietors of the lots in the shares that the 10
Supreme Court considers appropriate. 11
12
Registration
If the Supreme Court makes an order under section 109, the 13
Clause110.(1)
Registrar of Titles must take the action necessary to give effect to the order, 14
on lodgment for registration of a request to register the order. 15
(2) If the relevant body corporate resolves to extinguish a plan it must 16
lodge with the Registrar of Titles-- 17
(a) a request to extinguish the plan; and 18
(b) a copy of the unanimous resolution. 19
(3) On registration of a request under subsection (1) or (2)-- 20
(a) the plan is extinguished; and 21
(b) the relevant body corporate is wound up; and 22
(c) the land comprised in the extinguished plan is vested-- 23
(i) in the case of a building units plan--in the proprietors in 24
shares proportional to the lot entitlements of the proprietors' 25
respective lots; or 26
(ii) in the case of a group titles plan, a precinct plan, a 27
community plan or a stratum plan under Part 6--in the 28
proprietors in the shares agreed by the proprietors by 29
unanimous resolution; and 30
75
Mixed Use Development
(d) all property of the body corporate is vested in the proprietors in 1
the same shares as the land comprised in the plan is vested under 2
paragraph (c). 3
of local authority 4
Notification
Clause111. The Registrar of Titles must notify the relevant local authority on 5
registration under section 110(3) of the request to extinguish the plan. 6
Subdivision B--Boundary adjustment plans 7
adjustment plan 8
Boundary
The boundary of a community development lot, a precinct 9
Clause112.(1)
development lot or a balance precinct development lot within the site of a 10
scheme may be adjusted by a boundary adjustment plan if-- 11
(a) the adjustment is minor and necessary to resolve a problem in 12
relation to the management, development or subdivision of the 13
site; and 14
(b) each proprietor, mortgagee and registered lessee of a lot the 15
boundary of which is to be adjusted consents to the adjustment; 16
and 17
(c) if the adjustment alters the boundary of community property or 18
precinct property--the adjustment is approved by the community 19
body corporate, or precinct body corporate, by comprehensive 20
resolution. 21
(2) A proprietor mentioned in subsection (1)(b) may lodge the boundary 22
adjustment plan with the local authority. 23
(3) The local authority may approve a boundary adjustment plan only if it 24
is satisfied that-- 25
(a) the adjustment is minor and necessary to resolve a problem in 26
relation to the management, development or subdivision of the 27
site; and 28
(b) the consents mentioned in subsection (1)(b) have been given; and 29
76
Mixed Use Development
(c) if applicable--approval mentioned in subsection (1)(c) has been 1
given. 2
(4) If the local authority-- 3
(a) refuses to approve a boundary adjustment plan; or 4
(b) fails to approve it within 40 days of receiving it; 5
the proprietor that lodged the plan may appeal to the Planning and 6
Environment Court. 7
(5) Part 7 of the Local Government (Planning and Environment) 8
Act 1990 applies to an appeal under subsection (5) with any necessary 9
modifications. 10
of boundary adjustment plan 11
Registration
The Registrar of Titles must not register a boundary 12
Clause113.(1)
adjustment plan unless the plan has been approved by the local authority. 13
(2) The Registrar of Titles does not have to be satisfied of the matters 14
mentioned in section 112(1) but may rely on the local authority's approval 15
of the plan. 16
of boundary adjustment plan 17
Effect
Clause114.(1) A boundary adjustment plan registered under this Division-- 18
(a) does not affect the voting entitlement that applied to any lot before 19
registration of the plan; and 20
(b) does not of itself give rise to any liability for stamp duty. 21
(2) A registered mortgage, lease or other registered estate in a lot adjusted 22
by the registration of a boundary adjustment plan-- 23
(a) is not affected by the registration of the plan; and 24
(b) is taken to relate to the adjusted lot. 25
77
Mixed Use Development
Subdivision C--Easements 1
easements 2
Implied
Clause115.(1) Unless an easement is created for a particular service, there is 3
implied-- 4
(a) as belonging to any lot or common property within the site--an 5
easement for the passage or supply of the service through or by 6
way of pipes, poles, wires, cables or ducts (to be laid down or 7
erected or that are already existing) in or over the site to the extent 8
to which the service is capable of being used in the enjoyment of 9
the lots or common property; and 10
(b) as affecting any lot or common property within the site--an 11
easement for the passage or supply of the service through or by 12
way of pipes, poles, wires, cables or ducts (to be laid down or 13
erected or that are already existing) in or over the site to the extent 14
to which the service is capable of being used in the enjoyment of 15
lots or common property. 16
(2) Subsection (1) does not affect-- 17
(a) easements belonging to and affecting lots in a plan created under 18
the Building Units and Group Titles Act 1980; or 19
(b) easements belonging to and affecting stratum lots in a stratum 20
plan under Part 6. 21
(3) If a multiple occupancy building is situated on 2 or more group title 22
lots, the proprietor of a lot on which there is situated a part of the building 23
that is intended for separate occupation is entitled to the right conferred by 24
subsection (4). 25
(4) In relation to any roofs, eaves, gutters, downpipes or foundations (the 26
"building parts") situated (wholly or partly) over, on or under any 27
adjoining lot, the proprietor is entitled to any shelter, drainage or support 28
capable of being provided by the building parts in relation to the proprietor's 29
lot. 30
(5) The right created by subsection (4) is an easement to which the 31
adjoining lot is subject. 32
(6) The easement entitles the proprietor of the dominant tenement to enter 33
78
Mixed Use Development
the servient tenement and to maintain or replace any of the building parts. 1
(7) If a building is on the boundary of a lot or so close to the boundary of 2
a lot that maintenance or replacement in relation to the building is not able to 3
be carried out without entering an adjoining lot, the proprietor of the lot on 4
which the building is situated is entitled to enter the adjoining lot to carry out 5
the maintenance or replacement. 6
(8) The right created by subsection (7) is an easement to which the 7
adjoining lot is subject. 8
(9) The easement entitles the proprietor of the dominant tenement-- 9
(a) to enter the servient tenement; and 10
(b) to maintain or replace any part of the proprietor's building. 11
(10) An easement under this section must not be exercised by a 12
proprietor in a way that unreasonably prevents another proprietor from 13
enjoying the use and occupation of the other proprietor's lot or the common 14
property. 15
rights 16
Ancillary
All ancillary rights and obligations that are necessary and 17
Clause116.
reasonable to make an easement under this Subdivision effective are 18
conferred by this section. 19
of easements by comprehensive resolution 20
Creation
A community body corporate or precinct body corporate may 21
Clause117.
by comprehensive resolution-- 22
(a) execute a grant of easement; and 23
(b) accept a grant of easement; and 24
(c) surrender a grant of easement; and 25
(d) accept the surrender of a grant of easement. 26
79
Mixed Use Development
D--Sequential plans 1
Subdivision
of sequential plans by local authority 2
Approval
If a number of plans are lodged with a local authority at the 3
Clause118.(1)
same time, the local authority may approve the plans if it is satisfied that 4
access and other matters of which it must be satisfied will be effected if the 5
plans are registered in the appropriate order. 6
(2) In subsection (1)-- 7
"plan" includes a community plan, precinct plan, group titles and building 8
units plan. 9
of sequential plans by Registrar of Titles 10
Registration
If the plans have been endorsed by the local authority under 11
Clause119.
section 118 the Registrar of Titles may register the plans in the appropriate 12
order. 13
PART 6--STRATUM SUBDIVISION 14
Division 1--Interpretation 15
16
Definition
In this Part-- 17
Clause120.
"land" includes-- 18
(a) any estate in, on, over or under land; and 19
(b) the airspace above the surface of land and any estate in the 20
airspace; and 21
(c) the subsoil of land and any estate in the subsoil; and 22
(d) a building; and 23
(e) a stratum lot. 24
80
Mixed Use Development
2--Subdivision 1
Division
lots and dealings with stratum lots 2
Stratum
Clause121.(1) Despite the Real Property Acts-- 3
(a) land comprising a community development lot, precinct 4
development lot or balance precinct development lot may be 5
subdivided by a stratum plan; and 6
(b) a stratum lot may be subdivided by a stratum plan of subdivision; 7
and 8
(c) minor adjustments may be made to the boundaries of stratum lots 9
by a stratum boundary adjustment plan; and 10
(d) stratum lots may be amalgamated by a stratum plan of 11
amalgamation. 12
(2) The Real Property Acts apply to stratum lots with any necessary 13
modifications. 14
boundary adjustment plan 15
Stratum
The boundaries of stratum lots may be adjusted by the 16
Clause122.(1)
registration of a stratum boundary adjustment plan if the local authority is 17
satisfied that the adjustment is minor. 18
(2) On registration of the plan by the Registrar of Titles, the land vests in 19
accordance with the adjusted boundaries. 20
(3) Registration of the plan, and the vesting of the land, do not of 21
themselves give rise to any liability to stamp duty. 22
(4) A registered mortgage, lease or other registered estate in a stratum lot 23
adjusted by the registration of a stratum boundary adjustment plan-- 24
(a) is not affected by the registration of the plan; and 25
(b) is taken to relate to the adjusted stratum lot. 26
81
Mixed Use Development
plan of subdivision 1
Stratum
A stratum lot may be subdivided into 2 or more stratum lots 2
Clause123.(1)
by the registration of a stratum plan of subdivision. 3
(2) The Registrar of Titles may register a stratum plan of subdivision 4
only if the plan is accompanied by a schedule showing, as a whole number 5
for each proposed stratum lot, the proposed unimproved value proportion 6
for each stratum lot for the purposes of sections 132 and 139(2)(q). 7
(3) In registering a stratum plan of subdivision, the Registrar of Titles 8
may make any recordings on, and amendments of, the relevant 9
management statement that the Registrar of Titles considers appropriate to 10
give effect to the plan. 11
plan of amalgamation 12
Stratum
Two or more, or all, stratum lots in a stratum plan may be 13
Clause124.(1)
amalgamated by the registration of a stratum plan of amalgamation. 14
(2) However, a stratum lot that has been subdivided by a building units 15
plan may be amalgamated with another stratum lot only if the building units 16
plan has been extinguished. 17
(3) In registering a stratum plan of amalgamation, the Registrar of Titles 18
may make any recordings on, and amendments of, the relevant 19
management statement that the Registrar of Titles considers appropriate to 20
give effect to the plan. 21
(4) For the purposes of sections 132 and 139(2)(q), the relevant 22
unimproved value proportion for the stratum lot created by the 23
amalgamation of 2 or more stratum lots is the total of the unimproved value 24
proportions of the stratum lots. 25
(5) On registration of a stratum plan of amalgamation that amalgamates 26
all of the stratum lots in a stratum plan-- 27
(a) the stratum plan is extinguished; and 28
(b) the relevant management statement is terminated. 29
(6) A stratum plan of amalgamation mentioned in subsection (5) must be 30
accompanied by a request to terminate the relevant management statement. 31
(7) The request must comply with the requirements prescribed by 32
82
Mixed Use Development
regulation. 1
(8) If a stratum plan of amalgamation is accompanied by a request to 2
terminate a management statement, the Registrar of Titles-- 3
(a) must record the termination of the management statement on the 4
stratum plan to which it relates; and 5
(b) may make such other recordings in the register as the Registrar of 6
Titles considers appropriate to give effect to the termination. 7
requirements relating to plans 8
General
Stratum plans, stratum boundary adjustment plans, stratum 9
Clause125.(1)
plans of subdivision and stratum plans of amalgamation must comply with 10
the requirements prescribed by regulation. 11
(2) If a stratum plan, stratum boundary adjustment plan, stratum plan of 12
subdivision or stratum plan of amalgamation has been approved by the 13
local authority, the Registrar of Titles may-- 14
(a) register the plan under the Real Property Acts; and 15
(b) issue certificates of title for stratum lots created by the registration 16
of the plan; and 17
(c) make such other recordings in the register as the Registrar of 18
Titles considers appropriate to give effect to the registration of the 19
plan. 20
(3) Subsection (2) has effect despite the Real Property Acts and the 21
Surveyors Act 1977. 22
(4) On registration of a stratum plan, stratum boundary adjustment plan, 23
stratum plan of subdivision or stratum plan of amalgamation, the plan is, 24
for the purposes of the Real Property Acts, taken to form part of the 25
register. 26
3--Easements 27
Division
and shelter for certain stratum lots 28
Support
Clause126.(1) There is implied in a stratum plan-- 29
83
Mixed Use Development
(a) as belonging to the stratum lots comprised in the stratum plan on 1
which a building is situated--an easement for the subjacent and 2
lateral support by other parts of the building that are capable of 3
affording support; and 4
(b) as affecting the stratum lots--an easement for the subjacent and 5
lateral support of other parts of the building that are capable of 6
enjoying support; and 7
(c) as belonging to the stratum lots--an easement for their shelter by 8
other parts of the building that are capable of affording shelter; 9
and 10
(d) as affecting the stratum lots--an easement for the shelter of other 11
parts of the building that are capable of being sheltered by the 12
stratum lots. 13
(2) The easement for support and shelter implied by subsection (1)-- 14
(a) entitles the proprietor of the dominant tenement to enter the 15
servient tenement to maintain or replace any support or shelter; 16
and 17
(b) subsists until the stratum plan is extinguished or the easement is 18
otherwise surrendered. 19
(3) This section does not affect an implied easement belonging to and 20
affecting the lots in a building units plan created under the Building Units 21
and Group Titles Act 1980. 22
(4) A management statement may exclude or modify this section 23
expressly or by implication. 24
for certain stratum lots 25
Services
Clause127.(1) Unless an easement is created for a particular service, there is 26
implied in a stratum plan-- 27
(a) as belonging to the stratum lots comprised in the stratum plan on 28
which a building is situated--an easement for the passage or 29
supply of the service through or by way of pipes, poles, wires, 30
cables or ducts (to be laid down or erected or that are already 31
existing) in or over the building to the extent to which the service 32
is capable of being used in the enjoyment of the stratum lots or 33
84
Mixed Use Development
common property; and 1
(b) as affecting the stratum lots--an easement for the passage or 2
supply of the service through or by way of pipes, poles, wires, 3
cables or ducts (to be laid down or erected or that are for the time 4
being existing) in or over the building to the extent to which the 5
service is capable of being used in the enjoyment of the stratum 6
lots or common property. 7
(2) An easement under subsection (1) must not be exercised 8
unreasonably by the proprietor of a stratum lot in a way that prevents the 9
proprietor of another stratum lot from reasonably enjoying the use and 10
occupation of the other proprietor's stratum lot or common property. 11
(3) Subsection (2) does not affect an easement belonging to and affecting 12
lots in a building units plan implied under the Building Units and Group 13
Titles Act 1980. 14
of way 15
Right
Clause128.(1) There is implied in a stratum plan-- 16
(a) as belonging to the stratum lots comprised in the stratum plan on 17
which a building is situated--easements of right of way sufficient 18
to allow the proprietor to pass to and from other stratum lots to 19
and from-- 20
(i) any dedicated road; or 21
(ii) the community property; or 22
(iii) any precinct property; 23
by using stairs, escalators, lifts, ramps, passages, corridors, 24
pathways or roadways; and 25
(b) as affecting the stratum lots--easements of right of way sufficient 26
to allow other proprietors to pass to and from other stratum lots 27
to and from-- 28
(i) any dedicated road; or 29
(ii) the community property; or 30
(iii) any precinct property; 31
85
Mixed Use Development
by using stairs, escalators, lifts, ramps, passages, corridors, 1
pathways or roadways; and 2
(c) as belonging to the stratum lots--easements of right of way 3
sufficient to allow vehicles of the proprietor to pass to and from 4
other stratum lots to and from-- 5
(i) any dedicated road; or 6
(ii) the community property; or 7
(iii) any precinct property; 8
by using roadways or ramps; and 9
(d) as affecting the stratum lots--easements of right of way sufficient 10
to allow the vehicles of other proprietors to pass to and from 11
other stratum lots to and from-- 12
(i) any dedicated road; or 13
(ii) the community property; or 14
(iii) any precinct property; 15
by using roadways or ramps. 16
(2) Subsection (1) does not affect an implied easement belonging to and 17
affecting the lots in a building units plan created under the Building Units 18
and Group Titles Act 1980. 19
(3) A management statement may exclude or modify this section 20
expressly or by implication. 21
(4) In this section-- 22
"proprietor" includes the proprietor's employees, agents, lessees, invitees 23
and licensees. 24
rights for easements 25
Ancillary
All ancillary rights and obligations that are necessary and 26
Clause129.
reasonable to make an easement under this Part effective are conferred by 27
this section. 28
86
Mixed Use Development
of stratum lot by building units plan 1
Subdivision
Land comprised in a stratum lot (including, for example, a 2
Clause130.(1)
part of a building) may be subdivided into lots, or lots and common 3
property, by the registration of a building units plan. 4
(2) The Building Units and Group Titles Act 1980 applies to land that is 5
subdivided under this section. 6
of easements 7
Creation
Clause131.(1) The Registrar of Titles may register a stratum plan that-- 8
(a) clearly indicates the nature and location of an easement intended 9
to be created on registration of the stratum plan; and 10
(b) is accompanied by an instrument in the approved form signed by 11
the proprietor of the land to be burdened by the easement. 12
(2) The instrument-- 13
(a) must specify the nature and location of the easement and any 14
conditions to which it is subject; and 15
(b) must specify the land to be benefited, and the land to be burdened, 16
by the easement; and 17
(c) may nominate a person whose consent to a surrender of an 18
easement is required. 19
(3) However, an easement may be created in favour of the State, the 20
Commonwealth, a local authority or the provider of a public utility service 21
to enable the supply of services to stratum lots even though the easement is 22
not annexed to, or used and enjoyed with, other land. 23
(4) An easement under this section may be limited wholly or partly in 24
height or depth. 25
(5) On registration of a stratum plan and instrument, the proposed 26
easements shown on the stratum plan-- 27
(a) are created; and 28
(b) vest in the person entitled to the benefit of the easement. 29
(6) On registration of a stratum plan-- 30
87
Mixed Use Development
(a) an easement created by the registration has effect subject to the 1
conditions specified in the instrument as if the instrument were a 2
deed under seal; and 3
(b) the nomination in the instrument of a person whose consent to a 4
surrender of the easement is required operates to require the 5
consent of the person to a surrender of the easement. 6
(7) For the purposes of this section, the site of an easement may be 7
indicated on the stratum plan-- 8
(a) if the easement is intended to be created in relation to existing 9
tunnels, pipes, conduits, wires or other similar objects that are 10
underground or within or beneath an existing building--by 11
defining the position of the easements by reference to the objects; 12
and 13
(b) as applying to the whole or part of a lot. 14
(8) Subsection (2)(c) does not affect the requirement for the proprietor of 15
the land benefited by an easement to join in a surrender of the easement. 16
(9) An easement may be created under this section, and the rights and 17
obligations in the instrument creating the easement are enforceable, whether 18
or not at the time the relevant plan is registered the land burdened and the 19
land benefited are in common ownership. 20
(10) In issuing a certificate of title for land benefited or burdened by an 21
easement under this section, the Registrar of Titles is to record the easement 22
on the certificate of title in a way that the Registrar of Titles considers 23
appropriate. 24
(11) An easement under this section is not extinguished merely because 25
the owner of the land benefited by the easement holds or acquires a greater 26
interest in the land burdened. 27
(12) Subsections (1) and (9) have effect despite-- 28
(a) the Real Property Acts or any other Act; or 29
(b) any rule of law or equity to the contrary. 30
88
Mixed Use Development
Division 4--Valuation 1
of stratum lots 2
Valuation
In valuing land comprised in a stratum plan, the chief 3
Clause132.(1)
executive (valuations) must follow the following steps-- 4
(a) the land comprised in the stratum plan must be first valued as 5
though the land were unimproved and a single parcel of land in a 6
single ownership even though the land may consist of 1 or more 7
stratum lots; 8
(b) the unimproved value of the land in the stratum plan must then be 9
apportioned between the stratum lots in the stratum plan 10
according to the unimproved value proportions allocated in the 11
management statement. 12
(2) For the purposes of making, levying and assessing rates, charges and 13
land tax, the unimproved value apportioned to each stratum lot is taken to be 14
the unimproved value of the stratum lot. 15
(3) If the management statement is amended to give effect to a change in 16
the unimproved value proportions allocated to a stratum lot, the chief 17
executive (valuations) must, on notification of the amendment, make new 18
valuations of the stratum lots affected by the amendment-- 19
(a) if the amendment is made under section 123(3)--by apportioning 20
the former unimproved value of the former stratum lot the subject 21
of the subdivision between the new stratum lots created by the 22
subdivision according to the new unimproved value proportions 23
allocated in the amended management statement; and 24
(b) if the amendment is made under section 124(3)--by taking the 25
total of the former unimproved values of the former stratum lots 26
the subject of the amalgamation as the unimproved value of the 27
stratum lot created by the amalgamation; and 28
(c) if the amendment is made under section 136(1)(a)--by 29
apportioning the unimproved value of the land in the stratum plan 30
between the stratum lots in the stratum plan-- 31
(i) according to the new unimproved value proportion allocated 32
in the amended management statement; or 33
89
Mixed Use Development
(ii) if the unimproved value proportions of some stratum lots 1
remain unchanged--according to the unchanged 2
proportions. 3
(4) If a stratum lot in a stratum plan has become a stratum parcel, the 4
value apportioned under this section to the stratum lot is taken to be the 5
value of the stratum parcel for the purposes of Division 7 of Part 4 of the 6
Building Units and Group Titles Act 1980. 7
(5) Subsection (1) has effect despite the Valuation of Land Act 1944 or 8
any other Act relating to the valuation or rating of land, but is taken to be a 9
valuation of land under the Valuation of Land Act 1944. 10
Division 5--Management statements 11
of management statement 12
Requirements
Clause133.(1) The Registrar of Titles may register a stratum plan only if the 13
plan is accompanied by a statement ("management statement") that-- 14
(a) if the stratum plan subdivides land that includes parts of a 15
building--regulates the building and its site; and 16
(b) if the stratum plan subdivides land on which it is proposed to 17
construct a building--is intended to regulate the proposed 18
building and its site; and 19
(c) complies with sections 137 and 138; and 20
(d) has been approved by the relevant local authority. 21
(2) However, a stratum plan of subdivision need not be accompanied by 22
a management statement if it subdivides a stratum lot on a stratum plan that 23
is already the subject of a management statement. 24
of management statement 25
Recording
Clause134.(1) If a management statement is approved by the local authority, 26
then, immediately after the registration of the stratum plan to which it 27
relates, the Registrar of Titles is to record the management statement on the 28
stratum plan. 29
90
Mixed Use Development
(2) If a stratum lot in the stratum plan mentioned in subsection (1) is 1
subsequently subdivided by a building units plan, the Registrar of Titles is 2
to record the management statement, and any amendments of the 3
management statement, on the building units plan. 4
of management statement 5
Effect
Clause135.(1) The management statement is binding on-- 6
(a) the body corporate of the building units plan for the part of the 7
building concerned; and 8
(b) a proprietor, lessee, sublessee, occupier or mortgagee of a lot in 9
the building units plan for the part of the building concerned; and 10
(c) a proprietor, lessee, sublessee, occupier or mortgagee of any part 11
of the building or its site that does not form part of a stratum 12
parcel. 13
(2) Subsection (1) has effect as if-- 14
(a) the management statement included mutual covenants to observe 15
its provisions entered into by each person bound by it; and 16
(b) each person bound had signed the management statement under 17
seal. 18
(3) Despite subsections (1) and (2), the management statement does not 19
affect the rights of a person under a lease or mortgage entered into or given 20
before the registration of the stratum plan. 21
provisions that apply to management statement 22
General
A management statement may restrict use of any part of the 23
Clause136.(1)
building or its site to-- 24
(a) the proprietor, lessee or sublessee of a lot in a building units plan; 25
or 26
(b) a body corporate in a building units plan; or 27
(c) the proprietor, lessee or sublessee of a lease of land in any part of 28
the building or its site that does not form part of the stratum 29
parcel. 30
91
Mixed Use Development
(2) A management statement ends, and ceases to bind the persons 1
mentioned in section 134(1), when the Registrar of Titles records its 2
termination under section 124(7). 3
(3) The Registrar of Titles must provide to the chief executive 4
(valuations) and the relevant local authority-- 5
(a) a copy of a management statement within 28 days after the 6
registration of a stratum plan that is accompanied by the 7
management statement; and 8
(b) a copy of an amendment of a management statement within 9
28 days after the recording of the amendment. 10
(4) If there is an unresolved dispute between persons bound by a 11
management statement concerning the regulation of a building and its site, 12
the dispute must be referred for final resolution to-- 13
(a) a single arbitrator agreed on between the persons in dispute; or 14
(b) if the persons do not agree within 14 days of receipt of a written 15
notice given by one person to the other requiring the appointment 16
of an arbitrator--an arbitrator appointed by the local authority. 17
(5) A reference under subsection (4) is an arbitration under the 18
Commercial Arbitration Act 1990. 19
(6) If a management statement or an amendment of a management 20
statement has been approved by the local authority, the Registrar of Titles 21
need not determine whether the statement or amendment complies with this 22
Division but may rely on the local authority's approval. 23
of management statement 24
Form
Clause137. A management statement must be in the approved form. 25
required for management statement 26
Matters
Clause138.(1) A management statement must include-- 27
(a) the real property description of the stratum lots in the stratum plan 28
to which the management statement relates; and 29
(b) a plan that-- 30
92
Mixed Use Development
(i) delineates the external surface boundaries of the site of the 1
building; and 2
(ii) shows the location of the building in relation to the external 3
surface boundaries. 4
(2) The management statement must also include particulars relating to 5
the following-- 6
(a) the regulation (including, for example, the control and 7
management) of-- 8
(i) the building and its site; and 9
(ii) the maintenance, use and enjoyment of the building and its 10
site; 11
(b) the purpose for which a stratum lot or stratum parcel may be 12
used; 13
(c) the establishment of the building management committee and the 14
election of its office-bearers; 15
(d) the composition of the building management committee; 16
(e) the functions of the building management committee and its 17
office-bearers in regulating the building and its site; 18
(f) meetings of the building management committee; 19
(g) voting on motions submitted to the building management 20
committee; 21
(h) the voting entitlement of each member of the building 22
management committee; 23
(i) the keeping of records of the business (including meetings) of the 24
building management committee; 25
(j) the way in which the building management committee may enter 26
into contracts and the way in which appropriate indemnities are to 27
be provided to members of the building management committee 28
in relation to contracts entered into by them for the committee; 29
(k) the inspection of documents in the custody or under the control of 30
the building management committee; 31
(l) certification to members of the building management committee 32
93
Mixed Use Development
and proprietors of lots in a building units plan as to whether there 1
is any amount unpaid by a member or proprietor of a lot in a 2
building units plan under the management statement; 3
(m) the establishment and operation of bank accounts by the building 4
management committee; 5
(n) the storage and collection of garbage on and from the building 6
and its site; 7
(o) the location of any restricted property; 8
(p) compliance with fire safety requirements; 9
(q) the apportionment of the unimproved value of land comprised in 10
the relevant stratum plan between stratum lots in the stratum plan; 11
(r) the insurance in relation to the building and its site and the 12
apportionment of the cost of insurance premiums; 13
(s) any other matters prescribed by regulation. 14
(3) Each body corporate for a building units plan for part of the building, 15
and any other proprietor of land in any part of the building or its site, that 16
does not form part of a stratum parcel must be members of the building 17
management committee. 18
(4) If a management statement restricts use of any part of the building or 19
its site, the management statement must include the following-- 20
(a) a description of the restricted property; 21
(b) details of the persons entitled to use the restricted property; 22
(c) the conditions on which the persons may use the restricted 23
property; 24
(d) particulars relating to-- 25
(i) access to the restricted property; and 26
(ii) the keeping and supply of any necessary key; 27
(e) particulars of the hours during which the restricted property may 28
be used; 29
(f) provisions relating to the maintenance of the restricted property; 30
(g) provisions relating to the determination, imposition and collection 31
94
Mixed Use Development
of levies from the persons entitled to use the restricted property. 1
(5) The relevant local authority may, in relation to a particular 2
management statement, waive compliance with a matter mentioned in 3
subsection (2) if it considers compliance with the item is unnecessary, 4
unreasonable or impracticable for the regulation of the building and its site 5
or proposed building and its site. 6
(6) If the local authority waives compliance with a matter mentioned in 7
subsection (2), it must endorse that fact on the management statement. 8
matters for management statement 9
Optional
A management statement may include particulars relating to 10
Clause139.(1)
any matter concerning the building and its site. 11
(2) Without limiting subsection (1), the management statement may 12
include particulars relating to any of the following-- 13
(a) safety and security measures; 14
(b) the appointment of a building manager; 15
(c) the control of unacceptable noise levels; 16
(d) prohibiting or regulating trading activities; 17
(e) management and service contracts (which must not be for a term 18
of more than 5 years); 19
(f) an architectural code to preserve the appearance of the building; 20
(g) a landscaping code to preserve the appearance of the building or 21
its site; 22
(h) any matters prescribed by regulation. 23
(3) A management statement may include plans and other instruments. 24
of management statement 25
Amendment
The particulars in a management statement may only be 26
Clause140.(1)
amended-- 27
(a) in relation to a matter mentioned in section 138(2)(d), (h) 28
and (q)--by unanimous resolution of the building management 29
95
Mixed Use Development
committee; or 1
(b) in relation to-- 2
(i) a matter mentioned in section 136(1); or 3
(ii) a change in the purpose for which a stratum lot or a stratum 4
parcel may be used; 5
by a resolution without dissent of the building management 6
committee; or 7
(c) in any other case--by an ordinary resolution passed by the 8
building management committee. 9
(2) Subsection (1)(a) has effect subject to sections 123(3) and 124(3). 10
(3) A body corporate of a building units plan may support a resolution to 11
amend a management statement only if-- 12
(a) if the amendment is an amendment mentioned in 13
subsection (1)(a)--the body corporate has passed a unanimous 14
resolution to support the amendment; and 15
(b) if the amendment is an amendment mentioned in 16
subsection (1)(b)--the body corporate has passed a resolution 17
without dissent to support the amendment; and 18
(c) in any other case--the body corporate has passed an ordinary 19
resolution to support the amendment. 20
(4) An amendment of a management statement must be approved by the 21
local authority. 22
(5) A management statement as amended must contain only the matters 23
mentioned in sections 138 and 139. 24
(6) An amendment has effect only if it is lodged with the Registrar of 25
Titles within 3 months after the passing of the resolution making the 26
amendment. 27
(7) If an amendment of a management statement has been approved by 28
the relevant local authority, the Registrar of Titles is to record the 29
amendment-- 30
(a) on the stratum plan to which it relates; and 31
96
Mixed Use Development
(b) if a stratum lot in the stratum plan has been subdivided by a 1
building units plan--on the building units plan. 2
PART 7--LAND SUBJECT TO TIDAL INFLUENCE 3
or interest in submerged land continues 4
Estate
If a scheme provides for land that becomes or has become 5
Clause141.
inundated by water or subject to tidal influence, an estate or interest held in 6
the land before the land became inundated or subject to tidal influence is not 7
affected by the inundation or tidal influence. 8
of submerged land 9
Subdivision
Clause142.(1) A parcel of land within the site of a scheme that-- 10
(a) includes land-- 11
(i) that is submerged or subject to tidal influence; and 12
(ii) to which section 141 applies; and 13
(b) does not extend from the shore beyond any quay line; 14
may be subdivided under this Act. 15
(2) Permanent above water access must be provided from each lot on the 16
plan effecting the subdivision to-- 17
(a) a dedicated road; or 18
(b) the community thoroughfare; or 19
(c) the precinct thoroughfare; 20
either directly or through common property of the parcel. 21
(3) For the purposes of subsection (2), above water access need not be 22
access by road. 23
97
Mixed Use Development
of floating buildings and special buildings 1
Construction
The construction of a floating building or a special building 2
Clause143.(1)
within the site is not-- 3
(a) the construction of a vessel, harbour works or other works of any 4
kind; or 5
(b) the placing of a pile or any other structure; 6
in, on, over, through or across land that is submerged or subject to 7
inundation or tidal influence. 8
(2) Subsection (1) has effect only for purposes prescribed by regulation. 9
waters within jurisdiction of authorities 10
Tidal
If an area of the site becomes inundated with tidal water or 11
Clause144.
subject to tidal influence, the banks and foreshores of the area are, to the 12
extent that the area is beyond the quay line, taken to be within the 13
jurisdiction of the authority that has jurisdiction over the adjacent banks and 14
foreshores. 15
of authorities to maintain or undertake works 16
Obligation
An authority having jurisdiction over banks and foreshores of 17
Clause145.
tidal waters is obliged to maintain or undertake works (including dredging) 18
in relation to land within the site of a scheme, or tidal waters above land 19
within the site of a scheme, only to the extent (if any) that it agrees in 20
writing to accept the obligation. 21
of vessels on tidal waters 22
Movement
The proprietor of land within the site of a scheme has the 23
Clause146.(1)
right to restrict, regulate or prohibit the use or movement of vessels on, 24
over, through or beneath tidal waters above the land if the waters are not 25
beyond the quay line. 26
(2) If the proprietor of land within the site permits the mooring of a 27
vessel in waters above the land, the proprietor of other land within the site 28
must not restrict or prohibit the movement of the vessel over the 29
proprietor's land that is beyond the quay line to-- 30
98
Mixed Use Development
(a) the mooring; or 1
(b) another place in relation to which permission to moor the vessel 2
has been given; or 3
(c) tidal waters outside the site. 4
of laws relating to design and construction etc. 5
Application
Laws relating to the design and construction, and standard of 6
Clause147.(1)
construction or materials, of buildings and other structures apply to floating 7
buildings and special buildings, so far as the laws may be sensibly applied, 8
as if floating buildings or special buildings were constructed on land. 9
(2) If the relevant joint committee established for the purposes of the 10
standard sewerage by-laws or the standard water supply by-laws considers 11
that a standard determined under the by-laws cannot sensibly be applied to a 12
floating building, the committee may determine a different standard that is 13
to apply having regard to the existing standard. 14
charges and valuation of land 15
Statutory
For the purpose of-- 16
Clause148.
(a) the assessment of rates, land tax and other statutory charges 17
payable in relation to land; and 18
(b) determining the unimproved value of land; 19
any land within the site of a scheme that is or may be inundated by water or 20
subject to tidal influence is to be taken to be land that is not, and never has 21
been, inundated by water or subject to tidal influence. 22
of powers of authorities 23
Modification
An authority having jurisdiction over the banks and 24
Clause149.(1)
foreshores of tidal waters within the site of a scheme may not grant-- 25
(a) a lease in relation to a relevant area of the site; or 26
(b) a licence to use and occupy a relevant area of the site; or 27
(c) a permit to use and occupy a relevant area of the site. 28
99
Mixed Use Development
(2) Subsection (1) has effect despite any other Act. 1
(3) In subsection (1)-- 2
"relevant area" of a site means any foreshore, tidal lands or tidal waters 3
within the site. 4
ART 8--THOROUGHFARES, CANALS AND 5
P
FACILITIES 6
Division 1--Thoroughfares 7
of thoroughfares 8
Construction
A community thoroughfare to be constructed on community 9
Clause150.(1)
property must be constructed-- 10
(a) if the community property is created by the registration of a 11
community plan--by the original applicant; or 12
(b) if the community property is created by the registration of a 13
community plan of subdivision that subdivides a community 14
development lot--by the proprietor of the community 15
development lot. 16
(2) A precinct thoroughfare to be constructed on precinct property must 17
be constructed by the proprietor of the lot the subdivision of which creates 18
the precinct property. 19
(3) A community thoroughfare or precinct thoroughfare must be 20
constructed-- 21
(a) to a design and standard approved by the relevant local authority 22
at the time of construction; and 23
(b) in accordance with the requirements of the local authority and to 24
its satisfaction; and 25
(c) at the cost of-- 26
(i) in a case to which subsection (1)(a) applies--the original 27
100
Mixed Use Development
applicant; or 1
(ii) in any other case--the proprietor of the relevant subdivided 2
lot. 3
etc. of thoroughfares 4
Maintenance
The community body corporate is responsible for the 5
Clause151.(1)
maintenance and reconstruction (including construction on relocation) of-- 6
(a) the community thoroughfare; and 7
(b) improvements on the community thoroughfare. 8
(2) The precinct body corporate is responsible for the maintenance and 9
reconstruction (including construction on relocation) of-- 10
(a) the precinct thoroughfare; and 11
(b) improvements on the precinct thoroughfare. 12
of thoroughfare as road 13
Dedication
Clause152.(1) In this section-- 14
"required approval" means the prior approval of-- 15
(a) each precinct body corporate (if any) determined by 16
comprehensive resolution; and 17
(b) 75% of members of the community body corporate who-- 18
(i) are members because they are proprietors of land within the 19
site that is not within the staged use precincts; and 20
(ii) have voting rights at meetings of the community body 21
corporate that total not less than 75% of all of the voting 22
rights of the members of the community body corporate 23
mentioned in subparagraph (i); and 24
(c) the relevant local authority; and 25
(d) the Governor in Council. 26
(2) The community body corporate may-- 27
(a) with the required approval; and 28
101
Mixed Use Development
(b) subject to any reasonable conditions that the local authority 1
imposes; 2
dedicate under the Land Act 1962 to public use as a road any part of the 3
community thoroughfare that adjoins a dedicated road. 4
(3) The conditions that may be imposed under subsection (2) include a 5
condition that the community body corporate pay to the local authority an 6
amount fixed by the local authority for the purpose of constructing or 7
reconstructing the road. 8
(4) The part of the community thoroughfare that is dedicated to public 9
use as a road ceases to be a part of the community thoroughfare. 10
(5) A precinct body corporate may-- 11
(a) by comprehensive resolution; and 12
(b) with the prior approval of-- 13
(i) the relevant local authority; and 14
(ii) the Governor in Council; and 15
(c) subject to any reasonable conditions that the local authority 16
imposes; 17
dedicate under the Land Act 1962 to public use as a road any part of the 18
precinct thoroughfare that adjoins a dedicated road. 19
(6) The conditions that may be imposed under subsection (5) include a 20
condition that the precinct body corporate pay to the local authority an 21
amount fixed by the local authority for the purpose of constructing or 22
reconstructing the road. 23
(7) The part of a precinct thoroughfare that is dedicated to public use as a 24
road ceases to be part of the precinct thoroughfare. 25
are roads under certain Acts 26
Thoroughfares
For the purposes of the Motor Vehicles Insurance Act 1936, 27
Clause153.(1)
the community thoroughfare and precinct thoroughfare are roads. 28
(2) For the purposes of the Traffic Act 1949 (other than Parts 4 and 6A), 29
the community thoroughfare and precinct thoroughfare are roads within the 30
meaning of the Act. 31
102
Mixed Use Development
closure of thoroughfares 1
Temporary
If-- 2
Clause154.(1)
(a) the community body corporate or precinct body corporate 3
determines that any work is to be carried out on-- 4
(i) the community thoroughfare; or 5
(ii) a precinct thoroughfare; and 6
(b) the work will require the temporary closure to some or all traffic 7
on either thoroughfare; 8
the community body corporate or precinct body corporate must give notice 9
of the intended temporary closure of the road. 10
(2) The notice must-- 11
(a) be in writing; and 12
(b) be given not less than 7 days before the intended closure to each 13
proprietor of a lot to which access is likely to be affected by the 14
closure. 15
(3) The notice must-- 16
(a) identify the lots within the site to which access is likely to be 17
affected by the closure; and 18
(b) specify the classes of traffic to be excluded; and 19
(c) identify the location of the part of the thoroughfare to be closed; 20
and 21
(d) specify the closure periods; and 22
(e) specify the nature of the work to be carried out. 23
(4) Subsection (1) does not apply if the work to be carried out is urgent. 24
right to use thoroughfares 25
Occupier's
Subject to any by-law made by the community body 26
Clause155.(1)
corporate or a precinct body corporate, a person who lawfully occupies land 27
within the site of a scheme has a right of way over the community 28
thoroughfare and precinct thoroughfare to the extent necessary to allow the 29
occupier access to the occupier's land. 30
103
Mixed Use Development
(2) A by-law that, apart from this subsection, would have the effect of 1
unreasonably restricting access to or from land within the site does not 2
apply in relation to the land unless the proprietor and occupier of land 3
consent in writing to the restriction. 4
Division 2--Canals 5
of canals 6
Construction
Clause156.(1) A canal may be constructed within the site of a scheme by the 7
applicant at the applicant's expense. 8
(2) A canal may be constructed only on-- 9
(a) community property or precinct property; or 10
(b) part of the site that will become community property or precinct 11
property. 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 canals 21
Maintenance
Clause157.(1) The community body corporate is responsible for-- 22
(a) the dredging and other maintenance of canals on the community 23
property; and 24
(b) the maintenance of improvements relating to the canals on the 25
community property. 26
(2) The precinct body corporate is responsible for-- 27
(a) the dredging and other maintenance of canals on the precinct 28
property; and 29
104
Mixed Use Development
(b) the maintenance of improvements relating to the canals on the 1
precinct property. 2
of canal to State 3
Surrender
Clause158.(1) In this section-- 4
"required approval" means the prior approval of-- 5
(a) each precinct body corporate (if any) determined by 6
comprehensive resolution; and 7
(b) 75% of members of the community body corporate who-- 8
(i) are members because they are proprietors of land within the 9
site that is not within any staged use precincts; and 10
(ii) have voting rights at meetings of the community body 11
corporate that total not less than 75% of all of the voting 12
rights of the members of the community body corporate 13
mentioned in subparagraph (i); and 14
(c) the relevant local authority; and 15
(d) the Governor in Council. 16
(2) The community body corporate may-- 17
(a) with the required approval; and 18
(b) subject to any reasonable conditions that the local authority 19
imposes; 20
sign a transfer surrendering to the State community property on which a 21
canal is constructed. 22
(3) The conditions that may be imposed under subsection (2) include a 23
condition that the community body corporate pay to the local authority an 24
amount fixed by the local authority for the maintenance of the canal. 25
(4) The part of the community property that is surrendered to the State 26
ceases to be a part of the community property. 27
(5) A precinct body corporate may-- 28
(a) by comprehensive resolution; and 29
(b) with the prior approval of-- 30
105
Mixed Use Development
(i) the relevant local authority; and 1
(ii) the Governor in Council; and 2
(c) subject to any reasonable conditions that the local authority 3
imposes; 4
sign a transfer surrendering to the State precinct property on which a canal 5
is constructed. 6
(6) The conditions that may be imposed under subsection (5) include a 7
condition that the precinct body corporate pay to the local authority an 8
amount fixed by the local authority for the maintenance of the canal. 9
(7) The part of the precinct property that is surrendered to the State ceases 10
to be part of the precinct property. 11
(8) If community property or precinct property on which a canal is 12
constructed is surrendered, the provisions of the Canals Act 1958 13
prescribed for the purposes of section 156 again apply. 14
3--Community and precinct facilities 15
Division
of community facilities 16
Construction
The community body corporate may develop or construct 17
Clause159.(1)
facilities, for the use of persons who lawfully occupy land within the site, 18
on-- 19
(a) the community property; or 20
(b) land leased by the community body corporate under section 164. 21
(2) The development or construction must not start until authorised by 22
the community body corporate by a comprehensive resolution. 23
(3) The community body corporate must maintain the community 24
facilities. 25
of precinct facilities 26
Construction
Clause160.(1) A precinct body corporate may develop or construct facilities, 27
for the use of persons who lawfully occupy land within a staged use 28
precinct, on-- 29
106
Mixed Use Development
(a) the precinct property; or 1
(b) land leased by the precinct body corporate under section 164. 2
(2) The development or construction must not start until authorised by 3
the precinct body corporate by a comprehensive resolution. 4
(3) The precinct body corporate must maintain the precinct facilities. 5
Division 4--Other matters 6
works on community property 7
Additional
At the request of a member of the community body 8
Clause161.(1)
corporate, the community body corporate may undertake works on any part 9
of the community property to enhance the amenity of land or the 10
profitability of any business undertaking within the site. 11
(2) Works that restrict vehicular access to part of the site may be 12
undertaken only if each occupier of the land comprising the part consents in 13
writing to the restriction. 14
(3) If the works affect a road constructed on the community 15
thoroughfare, the works may be undertaken only if-- 16
(a) the relevant local authority approves the works; and 17
(b) all conditions of the local authority's approval (including 18
conditions about standards of construction) are complied with. 19
(4) If the works affect a canal, the works may only be undertaken if the 20
Governor in Council approves the works. 21
(5) The community body corporate must recover all the costs of 22
undertaking the works (including the costs incurred in obtaining the 23
approval of the local authority, the Governor in Council and any other 24
approvals required by law) from the members of the community body 25
corporate who requested the works. 26
(6) If 2 or more members of the community body corporate are liable to 27
pay the costs of undertaking the works, each member must pay the amount 28
determined under subsection (7). 29
(7) Each member must pay an amount that bears to the total costs 30
107
Mixed Use Development
incurred the same proportion that the member's voting entitlements 1
(attributable to the land the amenity of which is sought to be enhanced or on 2
which the business undertaking the profitability of which is sought to be 3
enhanced is carried on) bears to the total of the voting entitlements of all 4
members liable to contribute towards the costs. 5
(8) The community body corporate must levy contributions to give effect 6
to subsections (5), (6) and (7). 7
(9) Section 174 applies, with any necessary modifications, to 8
contributions levied under this section. 9
(10) Nothing in this section prevents the community body corporate 10
from requiring the members concerned to pay the whole or part of the 11
expected costs of the finished works before the works are started or 12
finished. 13
works on precinct property 14
Additional
Clause162.(1) Additional works may be undertaken on precinct property. 15
(2) Section 161 applies to additional works undertaken on precinct 16
property as if-- 17
(a) a reference to the community body corporate were a reference to 18
the precinct body corporate; and 19
(b) a reference to the community property were a reference to 20
precinct property. 21
of community and precinct property 22
Leasing
Community property may be leased with the prior approval 23
Clause163.(1)
of the community body corporate by comprehensive resolution. 24
(2) Precinct property may be leased with the prior approval of the 25
precinct body corporate by comprehensive resolution. 26
to community and precinct bodies corporate 27
Leases
For the purposes of providing access to the community 28
Clause164.(1)
thoroughfare or precinct thoroughfare, the community body corporate or 29
108
Mixed Use Development
precinct body corporate may take a lease of-- 1
(a) a road closed in strata that joins, or is to join, the community 2
thoroughfare or precinct thoroughfare; or 3
(b) a wharf that joins, or is to join, the community property or 4
precinct property. 5
(2) The community body corporate or precinct body corporate may take 6
a lease of land for any other purpose prescribed by regulation. 7
(3) In subsection (1)-- 8
"wharf" has the same meaning as in the Harbours Act 1955. 9
of officials on community or precinct property 10
Powers
An authorised person may enter and remain on any part of 11
Clause165.(1)
the community property or the precinct property for the purpose of 12
exercising the person's powers as an authorised person. 13
(2) Subsection (1) has effect despite any by-law or decision made by the 14
community body corporate or precinct body corporate. 15
(3) In addition to any powers conferred on an authorised person under 16
any Act or law, the person has, in relation to the community property and 17
precinct property, the powers that the person would have under the Act or 18
law if the community property and precinct property were a public place. 19
(4) In this section-- 20
"authorised person" means-- 21
(a) an officer of the public service; or 22
(b) a person employed or authorised by the State, a State authority or 23
a local authority; or 24
(c) a police officer; or 25
(d) an ambulance officer within the meaning of the Ambulance 26
Service Act 1991; or 27
(e) an officer of the Queensland Fire Service. 28
109
Mixed Use Development
ART 9--BODIES CORPORATE 1
P
Division 1--Interpretation 2
3
Definitions
In this Part-- 4
Clause166.
"body corporate" means-- 5
(a) community body corporate; or 6
(b) a precinct body corporate. 7
"corporation" means-- 8
(a) a community body corporate; or 9
(b) a precinct body corporate; or 10
(c) a body corporate created by the registration of a building units or 11
group titles plan. 12
2--Incorporation of community body corporate 13
Division
body corporate 14
Community
On registration of the community plan, the proprietors of the 15
Clause167.(1)
community development lots are, because of this Act, a body corporate 16
under the name `(insert name of development specified in the approved 17
scheme) Community Body Corporate'. 18
(2) If a community development lot is subdivided by a community plan 19
of subdivision, the proprietors of the community development lots created 20
become members of the community body corporate in place of the 21
proprietor of the subdivided community development lot. 22
(3) If community development lots are amalgamated by a community 23
plan of amalgamation, the proprietor of the community development lot 24
created becomes a member of the community body corporate in place of the 25
proprietors of the amalgamated community development lots. 26
(4) If a community development lot is subdivided by a precinct plan, the 27
110
Mixed Use Development
precinct body corporate created becomes a member of the community body 1
corporate in place of the proprietor of the subdivided community 2
development lot. 3
(5) If a community development lot is subdivided under Part 6 by a 4
stratum plan, the proprietors of the community stratum lots created become 5
members of the community body corporate in place of the proprietor of the 6
subdivided community development lot. 7
(6) If a community development lot is subdivided by a group titles or 8
building units plan, or a community stratum lot is subdivided by a building 9
units plan-- 10
(a) the proprietor of the lot-- 11
(i) must give written notice to the community body corporate of 12
the name and address for service of the body corporate 13
created by the registration of the plan; and 14
(ii) ceases to be a member of the community body corporate so 15
far as the proprietor was a member because of being the 16
proprietor of the lot; and 17
(b) the body corporate created by the registration of the plan becomes 18
a member of the community body corporate. 19
(7) The subdivision or resubdivision of a lot, or of a lot and common 20
property, on a group titles plan by a building units or group titles plan does 21
not affect the membership of the community body corporate. 22
(8) The Corporations Law does not apply to the community body 23
corporate. 24
(9) The community body corporate-- 25
(a) has the powers and functions conferred on it under this Act or its 26
by-laws; and 27
(b) must do all things that are necessary and reasonable for-- 28
(i) the enforcement of its by-laws; and 29
(ii) the control, management and administration of the 30
community property. 31
(10) The community body corporate-- 32
111
Mixed Use Development
(a) has perpetual succession; and 1
(b) has a common seal; and 2
(c) is capable of suing and being sued in its corporate name. 3
(11) Without limiting subsection (10), the community body corporate 4
may-- 5
(a) sue and be sued on any contract made by it; or 6
(b) sue for any damage or injury to the community property; or 7
(c) be sued for any matter connected with the community property; 8
or 9
(d) take the legal action necessary to enforce its by-laws. 10
(12) If work is carried out on land that becomes community property, 11
then, on registration of the community plan, the community body 12
corporate-- 13
(a) is taken to have been a party to an enforceable contract for the 14
carrying out of the work; and 15
(b) may sue or be sued in relation to the contract. 16
Division 3--Incorporation of precinct body corporate 17
body corporate 18
Precinct
On registration of the first precinct plan subdividing a 19
Clause168.(1)
community development lot, the proprietors of the precinct development 20
lots and balance precinct development lots created are, because of this Act, a 21
body corporate under the name `(insert name of development specified in 22
the approved scheme) Precinct Body Corporate (insert (if necessary) unique 23
identifying number)'. 24
(2) If a precinct development lot is subdivided by a precinct plan of 25
subdivision, the proprietors of the precinct development lots created become 26
members of the precinct body corporate in place of the proprietor of the 27
subdivided precinct development lot. 28
(3) If precinct development lots are amalgamated by a precinct plan of 29
amalgamation, the proprietor of the precinct development lot created 30
112
Mixed Use Development
becomes a member of the precinct body corporate in place of the 1
proprietors of the amalgamated precinct development lots. 2
(4) If a balance precinct development lot is subdivided by a precinct plan, 3
the proprietors of precinct development lots and any balance precinct 4
development lots created become members of the precinct body corporate. 5
(5) If a precinct development lot or balance precinct development lot is 6
subdivided under Part 6 by a stratum plan, the proprietors of the precinct 7
stratum lots created become members of the precinct body corporate in 8
place of the proprietor of the subdivided precinct development lot or balance 9
precinct development lot. 10
(6) If a precinct development lot or balance precinct development lot is 11
subdivided by a group titles or building units plan, or a precinct stratum lot 12
is subdivided by a building units plan-- 13
(a) the proprietor of the lot-- 14
(i) must give written notice to the precinct body corporate of the 15
name and address for service of the body corporate created 16
by the registration of the plan; and 17
(ii) ceases to be a member of the precinct body corporate so far 18
as the proprietor was a member because of being the 19
proprietor of the lot; and 20
(b) the body corporate created by the registration of the plan becomes 21
a member of the precinct body corporate. 22
(7) The subdivision or resubdivision of a lot, or of a lot and common 23
property, on a group titles plan by a building units or group titles plan does 24
not affect the membership of the precinct body corporate. 25
(8) The Corporations Law does not apply to the precinct body corporate. 26
(9) The precinct body corporate-- 27
(a) has the powers and functions conferred on it under this Act or its 28
by-laws; and 29
(b) must do all things that are necessary and reasonable for-- 30
(i) the enforcement of its by-laws; and 31
(ii) the control, management and administration of the precinct 32
property. 33
113
Mixed Use Development
(10) The precinct body corporate-- 1
(a) has perpetual succession; and 2
(b) has a common seal; and 3
(c) is capable of suing and being sued in its corporate name. 4
(11) Without limiting subsection (10), the precinct body corporate 5
may-- 6
(a) sue and be sued on any contract made by it; or 7
(b) sue for any damage or injury to the precinct property; or 8
(c) be sued for any matter connected with the precinct property; or 9
(d) take the legal action necessary to enforce its by-laws. 10
(12) If work is carried out on land that becomes precinct property, then, 11
on registration of the precinct plan, the precinct body corporate-- 12
(a) is taken to have been a party to an enforceable contract for the 13
carrying out of the work; and 14
(b) may sue or be sued in relation to the contract. 15
4--Matters applying to community and precinct bodies 16
Division
corporate 17
nominees 18
Members'
A member of a body corporate may appoint a person to 19
Clause169.(1)
represent the member, and to vote on behalf of the member, at meetings of 20
the body corporate. 21
(2) If the member is a corporation created by the registration of a 22
building units or group titles plan, the member must appoint a person under 23
subsection (1) at its first annual general meeting. 24
(3) An appointment under subsection (1) in relation to a body corporate 25
does not have effect until written notice of the appointment is received by 26
the secretary of the body corporate. 27
(4) The notice of appointment must be signed-- 28
(a) by the member; or 29
114
Mixed Use Development
(b) if the member is a corporation--by the chairperson and secretary 1
of the corporation. 2
(5) The appointment of the person continues until the secretary of the 3
body corporate receives a notice of-- 4
(a) the appointment of another person; or 5
(b) the cancellation of the person's appointment. 6
of bodies corporate 7
Seals
The common seal of a community body corporate must be 8
Clause170.(1)
kept by-- 9
(a) the member of the community body corporate, or member of the 10
executive committee, that the community body corporate 11
determines; or 12
(b) if no determination is made--the secretary of the executive 13
committee. 14
(2) The common seal of a precinct body corporate must be kept by-- 15
(a) if the precinct body corporate is constituted by the proprietor of 16
the community development lot alone--the original applicant; or 17
(b) if the precinct body corporate is constituted by 2 or more 18
members-- 19
(i) the member of the precinct body corporate or member of the 20
executive committee that the precinct body corporate 21
determines; or 22
(ii) if no determination is made--the secretary of the executive 23
committee. 24
(3) The common seal of a body corporate may only be affixed to a 25
document in the presence of-- 26
(a) if the body corporate is constituted by 1 member--the member; 27
or 28
(b) if the body corporate is constituted by 2 members--each 29
member; or 30
(c) if the body corporate is constituted by more than 2 members-- 31
115
Mixed Use Development
(i) 2 persons who are members of the body corporate, or 1
executive committee, determined by the body corporate; or 2
(ii) if no determination is made--the secretary and another 3
member of the executive committee. 4
(4) A person in whose presence the common seal is affixed to a 5
document must attest the fact and date of the affixing of the seal by the 6
person's signature. 7
(5) If a member is a corporation, the common seal affixed in the 8
presence of a person nominated in writing by the corporation for the 9
purpose and attested by the person is taken to have been properly affixed in 10
the presence of the corporation. 11
(6) For the purpose of exercising any of a body corporate manager's 12
powers, the body corporate manager is entitled to-- 13
(a) have the custody of the body corporate's common seal; and 14
(b) affix it to any document. 15
(7) Subsection (6) has effect despite subsections (1) to (5). 16
(8) If the body corporate manager affixes the common seal under 17
subsection (6), the manager must attest the fact and date of the affixing of 18
the seal by the manager's signature. 19
(9) If a body corporate manager has affixed the common seal of a body 20
corporate to a document, the manager is taken to have affixed the seal under 21
the authority of a delegation made under section 192 by the body corporate. 22
(10) Subsection (9) does not operate to enable a person fraudulently to 23
obtain a benefit from its operation, but any benefit that accrues to a person 24
from its operation is taken not to have been fraudulently obtained if the 25
benefit was first obtained by the person without any fraud by the person. 26
for service of bodies corporate 27
Address
On the incorporation of a community body corporate under 28
Clause171.(1)
section 167, its address for service is the same as the address for service of 29
the original applicant. 30
(2) On the incorporation of a precinct body corporate under section 168, 31
its address for service is the same as the address for service of the 32
116
Mixed Use Development
proprietor of the community development lot. 1
(3) The address for service of a body corporate must be recorded on the 2
plan that creates it. 3
(4) If the address for service changes, the body corporate must 4
immediately lodge a notice in the approved form with the Registrar of Titles 5
specifying the new address. 6
(5) The Registrar of Titles must record the new address for service on the 7
relevant plan. 8
(6) A body corporate may change its address for service by an ordinary 9
resolution of the body corporate. 10
of bodies corporate 11
Meetings
Clause172.(1) The original applicant of a scheme must-- 12
(a) convene a meeting of the community body corporate to be held 13
within 3 months from the day of its incorporation; and 14
(b) ensure that the meeting is held within the period. 15
Maximum penalty--50 penalty units. 16
(2) The proprietor of a community development lot must-- 17
(a) convene a meeting of the precinct body corporate to be held 18
within 3 months from the day of its incorporation; and 19
(b) ensure that the meeting is held within the period. 20
Maximum penalty--50 penalty units. 21
(3) The agenda for the first meeting of a body corporate under this 22
section must consist of the following items-- 23
(a) to decide whether the insurance policies entered into by the body 24
corporate should be confirmed, varied or extended; 25
(b) to decide whether amounts that may have been determined under 26
section 177(1)(h) or (2) should be confirmed or varied; 27
(c) if there are more than 3 members of the body corporate--to 28
determine the number of members of the executive committee; 29
(d) to elect-- 30
117
Mixed Use Development
(i) the chairperson, secretary and treasurer of the body 1
corporate; and 2
(ii) other members of the executive committee; 3
(e) to decide whether to make by-laws. 4
(4) The meeting is to be the first annual general meeting of the body 5
corporate and at the meeting a chairperson, secretary and treasurer are to be 6
elected. 7
(5) A person may be elected to 1 or more of the offices mentioned in 8
subsection (4). 9
(6) The original applicant must deliver to the community body corporate, 10
and the proprietor of the community development lot must deliver to the 11
precinct body corporate, at its first annual general meeting-- 12
(a) all plans, specifications, drawings (showing water pipes, electric 13
cables and drainage), certificates (other than certificates of title for 14
lots), diagrams and other documents (including insurance 15
policies) obtained or received by the applicant or proprietor and 16
relating to the community property and any precinct property; and 17
(b) if they are in the applicant's or proprietor's possession or 18
control--the body corporate roll, books of account and any 19
notices or other records relating to the community property or the 20
precinct property; and 21
(c) the budget showing the estimated expenditure of the body 22
corporate in relation to the community property or the precinct 23
property on an annual basis. 24
Maximum penalty--50 penalty units. 25
(7) Subsection (6) does not apply to a document that-- 26
(a) exclusively evidences rights or obligations of the original 27
applicant or proprietor; and 28
(b) is not capable of being used for the benefit of the body corporate 29
or a member of the body corporate (other than the original 30
applicant or proprietor). 31
(8) Part 1 of Schedule 2 to the Building Units and Group Titles Act 1980 32
applies to the first annual general meeting of a body corporate and voting at 33
118
Mixed Use Development
the meeting. 1
(9) Part 2 of Schedule 2 to the Building Units and Group Titles Act 1980 2
applies to other meetings of a body corporate and voting at the meetings. 3
(10) The provisions of the Schedule mentioned in subsection (8) relating 4
to the rights and obligations of mortgagees and mortgagors do not apply for 5
the purposes of the subsection. 6
(11) The provisions of the Schedule mentioned in subsections (8) and (9) 7
are, for the purposes of the subsections, to be read as if-- 8
(a) a reference to the aggregate lot entitlement were a reference to-- 9
(i) in relation to a community body corporate--the total of all 10
voting entitlements specified in the approved scheme; and 11
(ii) in relation to a precinct body corporate--the total of all 12
voting entitlements relating to the community development 13
lot; and 14
(b) a reference to a body corporate were a reference to a community 15
body corporate or precinct body corporate; and 16
(c) a reference to the by-laws were a reference to the body 17
corporate's by-laws; and 18
(d) a reference to the committee were a reference to the body 19
corporate's executive committee; and 20
(e) a reference to a lot were a reference to a community development 21
lot, precinct development lot or balance precinct development lot; 22
and 23
(f) a reference to the lot entitlement were a reference to-- 24
(i) in relation to a community body corporate--the voting 25
entitlement of a member; and 26
(ii) in relation to a precinct body corporate--the voting 27
entitlement that applies to a precinct development lot or 28
balance precinct development lot; and 29
(g) a reference to the original proprietor were a reference to-- 30
(i) in relation to a community body corporate--the original 31
applicant; and 32
119
Mixed Use Development
(ii) in relation to a precinct body corporate--the proprietor of the 1
community development lot; and 2
(h) a reference to a proprietor were a reference to a proprietor within 3
the meaning given by this Act; and 4
(i) a reference to the roll were a reference to the body corporate roll; 5
and 6
(j) a reference to a particular provision of the Building Units and 7
Group Titles Act 1980 (other than a provision in the Schedules) 8
were a reference to the corresponding provision of this Act; and 9
(k) any precinct body corporate were the proprietor of a parcel of land 10
within the site and its voting entitlements were the voting 11
entitlements of the parcel. 12
(12) If a meeting of a body corporate is not convened under 13
subsection (1) or (2), the Minister may by written notice-- 14
(a) appoint a person to convene a meeting of the body corporate; and 15
(b) specify a time within which the meeting is to be held. 16
(13) The appointment may only be made on the application of-- 17
(a) the body corporate; or 18
(b) a member of the body corporate. 19
(14) For the purposes of subsections (3) to (11) and (15), a meeting 20
convened under subsection (12) is taken to be the meeting convened under 21
subsection (1) or (2). 22
(15) At any time after the meeting convened under subsection (1) or (2) 23
has been held, the Minister may by written notice-- 24
(a) appoint a person to convene a meeting of the body corporate; and 25
(b) specify a time within which the meeting is to be held. 26
(16) The Minister may appoint the person-- 27
(a) only on the application of a member of the body corporate; and 28
(b) only if-- 29
(i) the person is nominated by the applicant; and 30
(ii) the person consents to the nomination; and 31
120
Mixed Use Development
(iii) there is no executive committee. 1
(17) In addition to making an appointment under subsection (12) or (15), 2
the Minister may give any direction relating to the appointment or meeting 3
that the Minister considers appropriate. 4
(18) Without limiting subsection (17), but despite this section, the 5
Minister may also give the following directions-- 6
(a) that the person appointed to convene a meeting of the body 7
corporate must preside at the meeting and, while the person is 8
presiding, the person is taken to be the chairperson of the body 9
corporate; 10
(b) that notice of the meeting may be given in the way specified in the 11
direction. 12
(19) Even if, in relation to a community body corporate-- 13
(a) an appointment is made under subsection (13); or 14
(b) a meeting is convened and held because of an appointment under 15
subsection (13); 16
the original applicant remains liable for the contravention of subsection (1). 17
(20) Even if, in relation to a precinct body corporate-- 18
(a) an appointment is made under subsection (13); or 19
(b) a meeting is convened and held because of an appointment under 20
subsection (13); 21
the proprietor of the community development lot remains liable for the 22
contravention of subsection (2). 23
entitlements 24
Voting
The proprietor of a community development lot or 25
Clause173.(1)
community stratum lot is-- 26
(a) a member of the community body corporate; and 27
(b) has the voting entitlement set out in the schedule accompanying 28
the plan that creates the lot. 29
121
Mixed Use Development
(2) If-- 1
(a) a community development lot is subdivided by a building units or 2
group titles plan; or 3
(b) a community stratum lot is subdivided by a building units plan; 4
the body corporate created-- 5
(c) becomes a member of the community body corporate; and 6
(d) has the same voting entitlement as the previous proprietor of the 7
subdivided lot. 8
(3) If a community development lot is subdivided by a precinct plan 9
under section 86, the precinct body corporate created-- 10
(a) becomes a member of the community body corporate; and 11
(b) has the same voting entitlement as the previous proprietor of the 12
subdivided lot. 13
(4) Each proprietor of a precinct development lot, balance precinct 14
development lot or precinct stratum lot-- 15
(a) is a member of the precinct body corporate; and 16
(b) has the voting entitlement set out in the schedule accompanying 17
the plan that creates the lot. 18
(5) If-- 19
(a) a precinct development lot or balance precinct development lot is 20
subdivided by a building units or group titles plan; or 21
(b) a precinct stratum lot is subdivided by a building units plan; 22
the body corporate created-- 23
(c) becomes a member of the precinct body corporate; and 24
(d) has the same voting entitlement as the previous proprietor of the 25
subdivided lot. 26
by bodies corporate on members 27
Levies
Clause174.(1) A body corporate may levy-- 28
(a) the contributions determined by it under section 177(1)(h); and 29
122
Mixed Use Development
(b) any amount determined under section 177(2) in relation to the 1
contributions; 2
by giving its members written notice of the contributions payable by them. 3
(2) Contributions must be levied, and are payable by the members of the 4
body corporate, in shares proportional to their voting entitlements at the 5
time the contributions are levied. 6
(3) If a contribution is outstanding when a person becomes a member of 7
the body corporate, the member is liable for the contribution jointly and 8
severally with the member who previously owed it. 9
(4) A contribution-- 10
(a) is payable to the body corporate in accordance with its decision to 11
make the levy; and 12
(b) if paid within 30 days from the day on which it becomes 13
payable--is to be reduced by the part of the contribution 14
attributable to any amount determined under section 177(2); and 15
(c) may be recovered as a debt by the body corporate in a court of 16
competent jurisdiction. 17
(5) This section does not prevent the body corporate determining, in 18
general meeting (either generally or in a particular case), that a contribution 19
may be reduced under subsection (4)(b) even if the contribution is not paid 20
within the time mentioned in the subsection. 21
of entry 22
Power
Clause175.(1) For the purpose of carrying out-- 23
(a) any work required to be carried out by a body corporate by a 24
notice served on it by a local authority, the State, the 25
Commonwealth or the provider of a public utility service; or 26
(b) any work necessary under section 177(1)(b); 27
the body corporate may, by its employees and agents, enter any part of a lot. 28
(2) The entry may be made-- 29
(a) in the case of an emergency--at any time; or 30
(b) in any other case--at any reasonable time on reasonable notice 31
123
Mixed Use Development
(not less than 7 days) given to each occupier of a lot likely to be 1
affected by the work. 2
(3) A person must not obstruct or hinder the body corporate in the 3
exercise of its power under subsection (1). 4
Maximum penalty for subsection (3)--50 penalty units. 5
powers of bodies corporate 6
Miscellaneous
A body corporate may-- 7
Clause176.
(a) invest amounts held by it in-- 8
(i) a way permitted by law for the investment of trust funds; or 9
(ii) an investment prescribed by regulation; and 10
(b) borrow amounts, and secure the repayment of amounts and the 11
payment of any interest in a way that is agreed between the body 12
corporate and the lender; and 13
(c) enter into an agreement for the provision of amenities or services 14
by it or another person to-- 15
(i) a lot; or 16
(ii) the proprietor or occupier of a lot; or 17
(iii) a parcel comprised in a building units or a group titles plan; 18
and 19
(d) if the body corporate is a community body corporate--enter into 20
an agreement with a precinct body corporate for the provision of 21
amenities or services by the community body corporate or 22
another person to-- 23
(i) a lot within a staged use precinct; or 24
(ii) the proprietor or occupier of a lot within a staged use 25
precinct; or 26
(iii) a parcel comprised in a building units or a group titles plan; 27
and 28
(e) acquire and hold any personal property to facilitate the carrying 29
out of its functions. 30
124
Mixed Use Development
of bodies corporate 1
Duties
A body corporate must-- 2
Clause177.(1)
(a) control, manage and administer the community property or the 3
precinct property held by it for the benefit of its members; and 4
(b) properly maintain and keep in a state of good and serviceable 5
repair-- 6
(i) the community property or the precinct property held by it, 7
including any improvements on the community property or 8
the precinct property; and 9
(ii) any personal property vested in it; and 10
(c) arrange for insurance under section 182; and 11
(d) keep proper records of-- 12
(i) notices given to the body corporate under this or another 13
Act; and 14
(ii) orders made by a court and served on the body corporate; 15
and 16
(e) keep for at least 10 years-- 17
(i) minutes of its meetings (including particulars of motions 18
passed at its meetings); and 19
(ii) proper books of account in relation to amounts received or 20
expended by it (showing the items in relation to which the 21
amounts were received or expended); and 22
(f) prepare, from the books mentioned in paragraph (e), a proper 23
statement of accounts of the body corporate in relation to each 24
period-- 25
(i) starting on the day of its incorporation or the day up to 26
which the last statement was prepared; and 27
(ii) ending on a day not earlier than 2 months before the next 28
annual general meeting; and 29
(g) convene an annual general meeting each year on or after the 30
anniversary of the first annual general meeting, but not later than 31
2 months after the anniversary; and 32
125
Mixed Use Development
(h) not later than 14 days after its incorporation and whenever 1
necessary after that, determine the amounts necessary in its 2
opinion to be raised by way of contributions-- 3
(i) for the purpose of meeting its actual or expected liabilities 4
incurred or to be incurred under paragraph (b); or 5
(ii) for the payment of insurance premiums, rates or any other 6
liability of the body corporate (other than amounts referred 7
to in paragraph (l)); and 8
(i) on first determining the amounts mentioned in paragraph (h), 9
establish a fund-- 10
(i) into which must be paid all amounts received by it 11
(including the proceeds of the sale or other disposal of any 12
personal property of the body corporate and any fees 13
received by it under section 180); and 14
(ii) into which may be paid any amounts paid to the body 15
corporate by way of discharge of insurance claims; and 16
(j) levy under section 174, on each person liable, a contribution to 17
raise the amounts mentioned in paragraph (h); and 18
(k) pay any amounts mentioned in paragraph (i) that are received by 19
it and are not otherwise invested under section 176(a) into an 20
account established in a bank in the name of the body corporate; 21
and 22
(l) if the body corporate-- 23
(i) becomes liable to pay an amount that it is unable to pay 24
immediately; and 25
(ii) is not required under paragraph (j) to levy contributions to 26
meet the liability; 27
levy contributions under section 174 to raise the amount; and 28
(m) implement the decisions of the body corporate. 29
(2) For the purposes of section 174, the body corporate may, in relation 30
to contributions mentioned in subsection (1)(h) or (l), determine by 31
comprehensive resolution an amount that is not greater than 10% of the 32
contributions. 33
126
Mixed Use Development
(3) The body corporate may disburse amounts from its fund only for the 1
purpose of-- 2
(a) carrying out its powers and functions under this Act or its 3
by-laws; or 4
(b) meeting a liability mentioned in subsection (1)(l). 5
(4) A determination made by the body corporate under subsection (1)(h) 6
may specify that the amounts concerned are to be raised by specified regular 7
periodic contributions. 8
(5) If the body corporate fails to convene an annual general meeting 9
within the period required by subsection (1)(g), the next general meeting 10
held after the expiry of the period is to be the annual general meeting of the 11
body corporate. 12
corporate rolls 13
Body
A body corporate must prepare and maintain a body 14
Clause178.(1)
corporate roll. 15
(2) The body corporate must record in the body corporate roll the 16
following information-- 17
(a) the voting entitlement of each member of the body corporate; 18
(b) the total of the voting entitlements of all members of the body 19
corporate; 20
(c) the name and address for service of each member of the body 21
corporate; 22
(d) the name and address of any person appointed (by written notice 23
addressed to the body corporate) by a member of the body 24
corporate to represent the member at meetings of the body 25
corporate. 26
(3) The body corporate must record and maintain in the body corporate 27
roll a copy of its by-laws in force for the time being. 28
to be given by members 29
Notices
The original applicant must give to the community body 30
Clause179.(1)
127
Mixed Use Development
corporate a written notice specifying the original applicant's name in full 1
and address for service. 2
Maximum penalty--4 penalty units 3
(2) The transferor of a community development lot, precinct 4
development lot or balance precinct development lot must give to the body 5
corporate written notice within 7 days after delivery to the transferee of the 6
instrument of transfer in a form capable of immediate registration. 7
Maximum penalty--4 penalty units. 8
(3) The notice must-- 9
(a) identify the lot; and 10
(b) specify the transferee's name in full and an address for service; 11
and 12
(c) specify an address for service for the transferor; and 13
(d) specify the day on which the instrument of transfer was delivered 14
to the transferee; and 15
(e) contain a confirmation by the transferee that the information 16
contained in the notice is accurate. 17
(4) If the transferor fails to comply with subsection (2), the transferee 18
may give to the body corporate a written notice that-- 19
(a) identifies the lot; and 20
(b) specifies the transferee's name in full and an address for service; 21
and 22
(c) specifies the day on which the instrument was delivered to the 23
transferee. 24
(5) If a person becomes entitled (otherwise than as transferee) to be 25
registered under the Real Property Acts as the proprietor of a lot within the 26
site, the person must give to the body corporate written notice of the 27
entitlement within 7 days of becoming entitled. 28
(6) The notice must-- 29
(a) be in the form of a statutory declaration; and 30
(b) identify the lot; and 31
128
Mixed Use Development
(c) specify the person's name in full and an address for service; and 1
(d) specify by what right the person became entitled to be registered 2
as the proprietor of the lot; and 3
(e) specify the day on which the person became entitled to be 4
registered. 5
(7) If-- 6
(a) a community development lot, precinct development lot or 7
balance precinct development lot is subdivided by a building units 8
or group titles plan; or 9
(b) a community stratum lot or a precinct stratum lot is subdivided 10
by a building units plan; 11
the corporation created must notify the body corporate of-- 12
(c) its name; and 13
(d) its address for service; and 14
(e) the date it became a corporation. 15
(8) If a person has given written notice under this section of an address 16
for service and the address is no longer appropriate, the person must give 17
written notice to the body corporate of a new address for service. 18
(9) If-- 19
(a) a body corporate believes that a person was required to give 20
notice to it under another provision of this section; and 21
(b) the body corporate has not received the notice; 22
the body corporate may serve a notice on the person under this subsection. 23
(10) The notice must-- 24
(a) specify the capacity in which the body corporate believes the 25
person was required to give the notice under this section; and 26
(b) require the person to state within 14 days whether or not the 27
person was required to give the notice in the capacity; and 28
(c) if the person was required to give the notice--require the person 29
to give the notice even though the time for giving the notice has 30
expired. 31
129
Mixed Use Development
(11) A person on whom a notice under subsection (9) is served is not 1
entitled to cast a vote at a meeting of the body corporate until the person 2
gives effect to the requirements of the notice. 3
for supply of information etc. by bodies corporate 4
Applications
If-- 5
Clause180.(1)
(a) a written application is made to a body corporate requesting it to 6
do any 1 or more of the things specified in section 181; and 7
(b) the application is made by a person who is entitled, under 8
subsection (2) or (3), to make the application; and 9
(c) the applicant pays to the body corporate the reasonable fee 10
determined by it; 11
the body corporate must comply with the request. 12
(2) An application to a community body corporate may be made only 13
by-- 14
(a) a member of the community body corporate; or 15
(b) a member of a precinct body corporate; or 16
(c) a proprietor of a lot on-- 17
(i) a group titles plan; or 18
(ii) a building units plan; or 19
(d) a person authorised in writing by the member or proprietor. 20
(3) An application to a precinct body corporate may be made only by-- 21
(a) a member of the precinct body corporate; or 22
(b) a member of a corporation that is-- 23
(i) constituted by the registration of a group titles or building 24
units plan; and 25
(ii) a member of the precinct body corporate; or 26
(c) a person authorised in writing by the member. 27
130
Mixed Use Development
of information etc. by bodies corporate 1
Supply
A body corporate may be requested, by an application under 2
Clause181.(1)
section 180, to do any of the following things-- 3
(a) inform the applicant or the applicant's agent of the name and 4
address of each person who is-- 5
(i) the chairperson, secretary or treasurer of the body corporate; 6
or 7
(ii) a member of the executive committee; 8
within 21 days after the application is received by the body 9
corporate; 10
(b) make available for inspection by the applicant or the applicant's 11
agent-- 12
(i) its body corporate roll; or 13
(ii) the notices and orders mentioned in section 177(1)(d); or 14
(iii) the plans, specifications, drawings (showing water pipes, 15
electric cables and drainage), certificates, diagrams and other 16
documents held by it relating to the community property or 17
any precinct property; or 18
(iv) the minutes of general meetings of the body corporate and 19
meetings of the executive committee; or 20
(v) the books of account of the body corporate; or 21
(vi) a copy of the statement of accounts of the body corporate 22
last prepared by it under section 177(1)(f); or 23
(vii) each current insurance policy of the body corporate and the 24
receipt for the premium last paid in relation to the policy; or 25
(viii)any other document in the custody or under the control of 26
the body corporate; or 27
(ix) its by-laws in force for the time being; 28
(c) certify, as at the date of the certificate, in relation to particular 29
land-- 30
(i) the amount of any regular periodic contributions determined 31
by the body corporate under section 177(1)(h) and (2) and 32
131
Mixed Use Development
the periods in relation to which the contributions are payable; 1
or 2
(ii) whether any contribution determined under 3
section 177(1)(h) is unpaid and, if so, the amount unpaid 4
and the date on which it was levied; or 5
(iii) whether any contribution levied under section 177(1)(l) is 6
unpaid and, if so, the amount unpaid and the date on which it 7
was levied; or 8
(iv) whether any contribution levied under section 193 is unpaid 9
and, if so, the amount unpaid and the date on which it was 10
levied; or 11
(v) any amount determined under section 177(2) in relation to 12
an unpaid contribution mentioned in this paragraph; 13
and give the certificate to the applicant or the applicant's agent 14
within 21 days after the application is received by the body 15
corporate; 16
(d) give to the applicant or the applicant's agent a copy of its by-laws, 17
or a specified part of its by-laws, in force for the time being 18
within 21 days after the application is received by the body 19
corporate. 20
(2) A document mentioned in subsection (1)(b) must be made available 21
for inspection at the time and place agreed between the applicant or the 22
applicant's agent and the body corporate. 23
(3) However, if the applicant or the applicant's agent and the body 24
corporate do not reach agreement for the purposes of subsection (2) within 25
3 days after the body corporate receives the application, the body corporate 26
must immediately send to the applicant a written notice specifying a time at 27
which, or a period during which, the document will be made available for 28
inspection by the applicant or the applicant's agent at the body corporate's 29
office. 30
(4) The time or period specified in the notice must be-- 31
(a) between 9 a.m. and 8 p.m.; and 32
(b) not later than 10 days after the body corporate receives the 33
application. 34
132
Mixed Use Development
(5) The body corporate must permit a person to whom its by-laws are 1
made available for inspection to make copies of or take extracts from them. 2
by bodies corporate 3
Insurance
Clause182.(1) A body corporate must take out insurance-- 4
(a) for each happening against which it is required by law to insure 5
(including any insurance required to be taken out because of the 6
Workers' Compensation Act 1990); and 7
(b) for damage to property, death or bodily injury happening on or in 8
relation to-- 9
(i) in the case of a community body corporate--the community 10
property; or 11
(ii) in the case of a precinct body corporate--the precinct 12
property; or 13
(iii) a road, wharf, or land, leased under section 164 and any 14
improvements on the road, wharf or land; and 15
(c) against the possibility of the members becoming jointly liable 16
because of a claim arising in relation to any other happening 17
against which the body corporate decides to insure by 18
comprehensive resolution. 19
(2) The body corporate may also take out insurance for consequences 20
resulting from a happening, damage or claim mentioned in subsection (1). 21
(3) Insurance under subsection (1)(b) must be for a cover of-- 22
(a) the amount prescribed by regulation; or 23
(b) if no amount is prescribed--$10 000 000. 24
(4) The body corporate may also insure any property in which it has an 25
insurable interest. 26
by corporate members of bodies corporate 27
Delegation
A corporation that is a member of a body corporate may 28
Clause183.
delegate to an individual any power conferred on the corporation under this 29
Act as a member of the body corporate. 30
133
Mixed Use Development
rights 1
Voting
A power of voting conferred under this Division may be 2
Clause184.(1)
exercised-- 3
(a) if the member is an infant--by the member's guardian; or 4
(b) if the member is for any reason unable to control the member's 5
property--by the person who is authorised by law to control the 6
property; or 7
(c) if the member is a corporation--by the member's delegate. 8
(2) If, on the application of a body corporate or a member, the Supreme 9
Court is satisfied that-- 10
(a) there is no person able to vote in relation to a voting entitlement; 11
or 12
(b) the person able to vote cannot be found; 13
the Court may appoint the Public Trustee or another appropriate person to 14
exercise the powers of voting under this Division that the Court determines. 15
of executive committee 16
Constitution
After the first annual general meeting of a body corporate, 17
Clause185.(1)
there is to be an executive committee consisting of-- 18
(a) the chairperson, secretary and treasurer; and 19
(b) any other members elected or appointed under this section. 20
(2) If there is only 1 member of the body corporate-- 21
(a) the member may make any decision that a properly convened 22
executive committee is required or authorised to make under this 23
Act; and 24
(b) a decision of the member is taken to be a decision of the executive 25
committee. 26
(3) If there are not more than 3 members of the body corporate, the 27
executive committee consists of-- 28
(a) each member who is an individual or the member's nominee; and 29
(b) the nominee of each member that is a corporation. 30
134
Mixed Use Development
(4) If there are more than 3 members of the body corporate, the executive 1
committee consists of-- 2
(a) the chairperson, secretary and treasurer; and 3
(b) the number of other members (not more than 4) determined by 4
the body corporate. 5
(5) If the number of members of a body corporate is less than the 6
number of members of the executive committee (including the chairperson, 7
secretary and treasurer), the members of the executive committee are to be 8
elected-- 9
(a) at each annual general meeting of the body corporate; or 10
(b) if the number of members of the executive committee changes 11
because of a determination under subsection (4) at a time more 12
than 4 months from the anniversary of its first annual general 13
meeting--at an extraordinary general meeting convened for the 14
purpose. 15
(6) A person may be elected to more than 1 of the offices mentioned in 16
subsection (1)(a). 17
(7) A person is eligible for election as chairperson, secretary or treasurer 18
or other member of the executive committee only if the person is-- 19
(a) an individual who is a member of the body corporate; or 20
(b) a nominee of a corporation that is a member of the body 21
corporate; or 22
(c) an individual who is not a member of the body corporate but who 23
is nominated for election by a member. 24
(8) Despite subsections (1) and (4), the body corporate may determine 25
that the secretary or treasurer is not to be a member of the executive 26
committee. 27
(9) If the body corporate makes a determination under subsection (8), a 28
person elected as secretary or treasurer holds the office in relation to the 29
body corporate and the executive committee, but is not a member of the 30
executive committee. 31
(10) A member of the executive committee may, with the consent of the 32
executive committee, appoint-- 33
135
Mixed Use Development
(a) a member of the body corporate; or 1
(b) the nominee of a corporation that is a member of the body 2
corporate; 3
to act in the member's place as a member of the executive committee at any 4
meeting of the executive committee. 5
(11) When the appointed member or nominee is acting in the member's 6
place, the appointed member or nominee is taken to be a member of the 7
executive committee. 8
(12) The member or nominee may be appointed whether or not the 9
person is already a member of the executive committee. 10
(13) If the person appointed is already a member of the executive 11
committee, the person may, at a meeting of the executive committee, 12
separately vote-- 13
(a) in the person's capacity as a member; and 14
(b) on behalf of the member in whose place the person has been 15
appointed to act. 16
(14) Despite subsections (1) and (5), the executive committee may be 17
constituted before the first annual general meeting of a body corporate by 18
the election, at an extraordinary general meeting, of-- 19
(a) the chairperson, secretary and treasurer; and 20
(b) any other members of the executive committee. 21
(15) The following provisions apply to the election of a person at the 22
extraordinary general meeting-- 23
(a) subsections (6), (8) and (9); 24
(b) Part 1 of Schedule 2 to the Building Units and Group Titles 25
Act 1980 (as applied by section 172) that relate to the election of 26
the person. 27
(16) If there is no executive committee of a body corporate, the body 28
corporate is to exercise the powers, and perform the functions, of the 29
executive committee. 30
136
Mixed Use Development
of office of member of executive committee 1
Vacation
A person elected as chairperson, secretary or treasurer, or 2
Clause186.(1)
another member of the executive committee of a body corporate, vacates the 3
office-- 4
(a) if the person was a member of the body corporate at the time of 5
the person's election--if the person ceases to be a member; or 6
(b) if the person was not a member of the body corporate at the time 7
of the person's election--if the member who nominated the 8
person for election-- 9
(i) ceases to be a member of the body corporate; or 10
(ii) notifies the body corporate, in writing, that the member's 11
office is vacated; or 12
(c) on receipt by the body corporate of the person's written 13
resignation; or 14
(d) at the next election of the members of the executive committee at 15
an annual general meeting or extraordinary general meeting; or 16
(e) if the person is absent without leave granted by the executive 17
committee from 3 consecutive meetings of the committee of 18
which proper notice has been given to the person; or 19
(f) if the person becomes bankrupt or compounds with the person's 20
creditors or otherwise takes advantage of the laws relating to 21
bankruptcy; or 22
(g) if the person is convicted of an indictable offence; or 23
(h) if the person dies or becomes mentally ill; or 24
(i) if the body corporate, by a comprehensive resolution, determines 25
that the person's office is vacated. 26
(2) Subsection (1)(b) does not apply to a person if the person is elected 27
as secretary or treasurer but is not a member of the executive committee. 28
(3) If-- 29
(a) a vacancy happens in the office of-- 30
(i) chairperson, secretary or treasurer; or 31
(ii) another member of the executive committee; and 32
137
Mixed Use Development
(b) the vacancy happens otherwise than because of subsection (1)(d); 1
the body corporate must appoint a person eligible for election to fill the 2
vacancy. 3
(4) The person appointed under subsection (3) holds office, subject to 4
this section, for the balance of the predecessor's term of office. 5
(5) If the number of persons who are members of the executive 6
committee becomes one-half, or less than one-half, of the number of the 7
members of the executive committee, the members for the time being of the 8
executive committee constitute a quorum at a meeting of the executive 9
committee for the purpose only of-- 10
(a) appointing a person to fill a vacancy in the office of-- 11
(i) chairperson, secretary or treasurer; or 12
(ii) another member of the executive committee; or 13
(b) convening a meeting of the body corporate for the purpose 14
mentioned in paragraph (a). 15
(6) Subsection (5) has effect despite section 188(1). 16
(7) For the purposes of subsection (5), if-- 17
(a) there is no member of the executive committee; or 18
(b) the members of the executive committee-- 19
(i) do not appoint a person to fill the vacancy; and 20
(ii) have not convened a meeting of the body corporate to 21
appoint a person to fill the vacancy; 22
the referee (within the meaning of the Building Units and Group Titles 23
Act 1980) may, on the application of a member of the body corporate or a 24
mortgagee of a lot, appoint a person to convene and hold a meeting of the 25
body corporate within a specified time to appoint persons to fill any 26
vacancies. 27
(8) The referee may appoint a person only if-- 28
(a) the person is nominated by the applicant; and 29
(b) the person consents to the nomination. 30
(9) In addition to making the appointment, the referee may give any 31
138
Mixed Use Development
directions relating to the appointment or the meeting that the referee 1
considers appropriate. 2
(10) Without limiting subsection (9), but despite the provisions of 3
Schedule 2 of the Building Units and Group Titles Act 1980 (as applied by 4
section 172), the referee may also give the following directions-- 5
(a) that the person appointed to convene a meeting of the body 6
corporate must preside at the meeting and, while the person is 7
presiding, the person is taken to be the chairperson of the body 8
corporate; 9
(b) that notice of the meeting may be given in the way specified in the 10
direction. 11
(11) A meeting held under subsections (7) to (10) because there is no 12
member of the executive committee is, for the purpose of the election of-- 13
(a) the chairperson, secretary and treasurer; and 14
(b) the other members of the executive committee; 15
taken to be a first annual general meeting of the body corporate. 16
secretary and treasurer of executive committee 17
Chairperson,
Clause187.(1) The chairperson must preside at all meetings of the executive 18
committee at which the chairperson is present. 19
(2) If the chairperson is not present at a meeting, the member chosen by 20
the members present at the meeting is to preside. 21
(3) A person (other than a person mentioned in subsection (4)) must not 22
exercise a power of the body corporate, or the treasurer, that relates to-- 23
(a) the receipt or expenditure of amounts of the body corporate; or 24
(b) the accounting for amounts of the body corporate; or 25
(c) the keeping of the books of account of the body corporate. 26
Maximum penalty--50 penalty units. 27
(4) The following persons may exercise a power mentioned in 28
subsection (3)-- 29
(a) the treasurer or the treasurer's delegate; 30
139
Mixed Use Development
(b) a person acting jointly with the treasurer because of a direction 1
under subsection (6). 2
(5) The treasurer may, with the approval of the executive committee, 3
delegate the treasurer's powers to a member of the executive committee. 4
(6) The executive committee may, by written notice given to the 5
treasurer, direct that the treasurer may exercise a specified power only 6
jointly with a specified person. 7
(7) A person who has possession or control of-- 8
(a) any records, books of account or keys of the body corporate; or 9
(b) the body corporate roll; or 10
(c) any other property of the body corporate; 11
must deliver the records, books of account or keys, the roll or the other 12
property to a specified member of the executive committee within 7 days 13
after service on the person of a resolution of the executive committee 14
requiring the delivery. 15
Maximum penalty--20 penalty units. 16
of executive committee 17
Meetings
At a meeting of the executive committee, a quorum is 18
Clause188.(1)
constituted by more than half of the number of members of the executive 19
committee. 20
(2) At a meeting at which a quorum is present, the decision on any 21
matter of the majority of the members voting on the matter is the decision 22
of the executive committee unless this Act expressly requires or permits the 23
decision to be made in a different way. 24
(3) A decision of the executive committee does not have effect if-- 25
(a) before the decision is made, written notice is given to the 26
secretary by not less than half of the total number of members of 27
the body corporate stating that the making of the decision is 28
opposed by the members; and 29
(b) the total of the voting entitlements of the members is more than 30
half of the total of all voting entitlements recorded in the body 31
corporate roll. 32
140
Mixed Use Development
(4) The executive committee must keep-- 1
(a) a record of-- 2
(i) its decisions; and 3
(ii) any notices given to its secretary under subsection (3); and 4
(b) full and accurate minutes of its meetings. 5
committee's decisions to be decisions of body corporate 6
Executive
Clause189.(1) In this section-- 7
"restricted matter", in relation to a body corporate, means-- 8
(a) a matter relating to the fixing of a special levy on all members of 9
the body corporate; or 10
(b) a matter that seeks to alter the rights, privileges or obligations of 11
members of the body corporate; or 12
(c) a matter that seeks to alter the annual contribution of members of 13
the body corporate; or 14
(d) a matter on which a decision may only be made by the body 15
corporate under a comprehensive resolution or in general meeting 16
of the body corporate. 17
(2) A decision of the executive committee on a matter that is not a 18
restricted matter is taken to be the decision of the body corporate. 19
(3) Even if the executive committee is properly constituted, the body 20
corporate may in general meeting continue to exercise the powers conferred 21
on the body corporate by this Act. 22
restrictions on powers of executive committee 23
Statutory
The executive committee of a body corporate may undertake 24
Clause190.(1)
expenditure only if-- 25
(a) authorised by a comprehensive resolution of the body corporate; 26
or 27
(b) authorised in an emergency by the Minister. 28
(2) In relation to any proposed expenditure that the executive committee 29
141
Mixed Use Development
is unable to undertake because of subsection (1), the executive committee 1
must-- 2
(a) submit the proposal for determination at an extraordinary general 3
meeting of the body corporate convened for the purpose of, or for 4
purposes that include, consideration of the proposal; and 5
(b) if the proposed expenditure is for work to be performed or the 6
purchase of personal property--submit at least 2 tenders to the 7
meeting with the proposal. 8
(3) Subsection (1) does not apply to expenditure-- 9
(a) in payment of any premium for insurance taken out for the body 10
corporate; or 11
(b) to comply with a notice or order served on the body corporate by 12
a court, a local authority, the State, the Commonwealth or a 13
provider of a public utility service; or 14
(c) in discharge of a liability incurred in relation to an obligation of 15
the body corporate authorised by the body corporate in general 16
meeting. 17
imposed on executive committee by body corporate 18
Restrictions
A body corporate may, in general meeting, decide that a matter 19
Clause191.
may be determined only by the body corporate in general meeting. 20
or precinct body corporate manager 21
Community
Clause192.(1) A body corporate may appoint a body corporate manager. 22
(2) The appointment-- 23
(a) must be made in general meeting; and 24
(b) must be in writing; and 25
(c) may be made on the terms determined by the body corporate. 26
(3) The body corporate may delegate its powers to the body corporate 27
manager. 28
(4) Without limiting subsection (3), the body corporate may delegate to 29
142
Mixed Use Development
the body corporate manager powers of-- 1
(a) the chairperson, secretary or treasurer; or 2
(b) the executive committee. 3
(5) The body corporate must not delegate to the body corporate manager 4
its power to make a decision on a restricted matter within the meaning of 5
section 189. 6
(6) The body corporate must not, within 3 years of its incorporation, 7
appoint a body corporate manager for a term of more than 3 years. 8
in proceedings by members against body corporate 9
Costs
In a proceeding brought by a member against the body 10
Clause193.(1)
corporate, the court may order that an amount (including an amount for 11
costs) payable by the body corporate be paid by the body corporate only in 12
relation to specified members, and in specified proportions, out of 13
contributions levied for the purpose. 14
(2) For the purpose of paying the amount, the body corporate must-- 15
(a) levy contributions in accordance with the order; and 16
(b) pay the amount out of the contributions. 17
(3) Section 174 applies, with any necessary modifications, to 18
contributions levied under subsection (2). 19
of documents on bodies corporate, members and others 20
Service
A summons or other legal process may be served on a body 21
Clause194.(1)
corporate by leaving it with-- 22
(a) the chairperson or secretary; or 23
(b) another member of the executive committee. 24
(2) A document (other than a document mentioned in subsection (1)) 25
may be served on the body corporate-- 26
(a) by leaving it with a person mentioned in subsection (1); or 27
(b) sending it by post to the body corporate at its address for service. 28
(3) Nothing in this section-- 29
143
Mixed Use Development
(a) affects the operation of another law that authorises the service of a 1
document otherwise than as provided in the section; or 2
(b) affects the power of a court or tribunal to authorise service of a 3
document otherwise than as provided in the section. 4
of bodies corporate to convene meetings 5
Power
A community body corporate may, at the request of a 6
Clause195.(1)
proprietor or occupier of land or a lot within the site, convene a meeting in 7
relation to any matter of interest to proprietors or occupiers of land or lots 8
within the site. 9
(2) A proprietor or occupier of land or a lot within the site may attend 10
and vote at the meeting. 11
(3) The precinct body corporate may, at the request of a proprietor or 12
occupier of land or a lot within a staged use precinct, convene a meeting in 13
relation to any matter of interest to proprietors or occupiers of land or lots 14
within the staged use precinct. 15
(4) A proprietor or occupier of land or a lot within the staged use precinct 16
may attend and vote at the meeting. 17
(5) The chairperson of the body corporate must preside at a meeting 18
under subsection (1) or (3)-- 19
(a) for the purpose of electing a chairperson of the meeting; and 20
(b) until the election of a chairperson. 21
(6) A meeting convened under subsection (1) or (3) is not a meeting of 22
the body corporate. 23
of committees 24
Establishment
Nothing in this Act prevents the body corporate from 25
Clause196.
establishing, by resolution in general meeting, a committee-- 26
(a) to consider any matter referred to it by the body corporate; and 27
(b) to report on the matter to the body corporate or executive 28
committee. 29
144
Mixed Use Development
between precinct bodies corporate 1
Agreements
A precinct body corporate may enter into an agreement with 2
Clause197.
another precinct body corporate in the site in relation to-- 3
(a) the precinct property (including the improvements on the precinct 4
property); and 5
(b) any personal property vested in the other precinct body corporate. 6
Division 5--Increase in membership of community body corporate 7
of subdivision of subsequent stage or additional land 8
Effect
On registration of the community plan subdividing a 9
Clause198.(1)
subsequent stage or additional land, the proprietors of community 10
development lots become additional members of the community body 11
corporate created by the community plan that subdivided land within the 12
site. 13
(2) For the purposes of this Division and Divisions 2 and 4, on 14
registration of the community plan subdividing a subsequent stage or 15
additional land, the site comprises-- 16
(a) the land subdivided; and 17
(b) the other land that formed part of the site before the subdivision 18
of the subsequent stage or additional land. 19
of community body corporate 20
Meeting
Within 3 months after registration of the community plan 21
Clause199.(1)
subdividing a subsequent stage or additional land, the community body 22
corporate must convene a meeting. 23
(2) Section 172 applies to the meeting with any necessary modifications. 24
(3) For the purposes of setting the date for subsequent annual general 25
meetings after the meeting mentioned in subsection (1), the meeting is taken 26
to be the first annual general meeting. 27
145
Mixed Use Development
and funds 1
Levies
Within 14 days after registration of the community plan 2
Clause200.(1)
subdividing a subsequent stage or additional land, the community body 3
corporate must determine the amounts mentioned in section 177(1)(h). 4
(2) On registration of the community plan subdividing a subsequent 5
stage or additional land, the fund of the community body corporate existing 6
at the time continues in existence. 7
of Divisions 2 and 4 8
Application
Divisions 2 and 4 apply, with any necessary modifications, to 9
Clause201.
the community body corporate after the registration of the community plan 10
subdividing a subsequent stage or additional land. 11
ART 10--BY-LAWS 12
P
Division 1--Community by-laws 13
development control by-laws 14
Community
The community body corporate may, by comprehensive 15
Clause202.(1)
resolution, make by-laws ("development control by-laws") regulating the 16
quality of design and development within the site. 17
(2) The development control by-laws may regulate the size, shape, 18
height, colour, texture and overall placement of buildings or other structures 19
within the site. 20
(3) The development control by-laws may provide-- 21
(a) that specified matters in relation to design and development are 22
able to be decided by the community body corporate; and 23
(b) a mechanism for deciding disputes in relation to design and 24
development. 25
146
Mixed Use Development
activities by-laws 1
Community
The community body corporate may, by comprehensive 2
Clause203.
resolution, make by-laws ("activities by-laws") for the control, 3
management, use or enjoyment of lots (other than community property or 4
precinct property) within the site. 5
of community development control by-laws and 6
Application
community activities by-laws 7
Clause204.(1) Development control by-laws and activities by-laws-- 8
(a) may apply to the whole of the site or a particular part of the site; 9
and 10
(b) do not have effect until-- 11
(i) the Minister approves the by-laws; and 12
(ii) notification of the Minister's approval is published in the 13
Gazette; and 14
(c) subject to subsection (3), do not affect the operation of any Act or 15
other law. 16
(2) The development control by-laws and the activities by-laws bind-- 17
(a) the community body corporate; and 18
(b) the members of the community body corporate; and 19
(c) the proprietors of lots created by the registration of a building 20
units or group titles plan; and 21
(d) a precinct body corporate; and 22
(e) the members of a precinct body corporate; and 23
(f) the proprietors of lots created in a staged use precinct by the 24
registration of a building units or group titles plan; and 25
(g) a mortgagee in possession (whether by the mortgagee or another 26
person) of a lot within the site; and 27
(h) a lessee or occupier of a lot within the site. 28
(3) A development control by-law or activity by-law prevails to the 29
extent of any inconsistency with-- 30
147
Mixed Use Development
(a) a precinct by-law; or 1
(b) a by-law made by a body corporate under the Building Units and 2
Group Titles Act 1980. 3
noncompliance with community development control by-laws 4
Minor
or community activities by-laws 5
On the written request of a person bound by a development 6
Clause205.
control by-law or activity by-law, the community body corporate may 7
permit noncompliance with the by-law if it is satisfied that the 8
noncompliance is of a minor nature. 9
property by-laws 10
Community
Subject to subsection (5), the community body corporate 11
Clause206.(1)
may, by comprehensive resolution, make by-laws ("property by-laws") 12
for the control, management, administration, use or enjoyment of the 13
community property. 14
(2) A community property by-law does not have effect until-- 15
(a) the Minister approves the by-law; and 16
(b) notification of the Minister's approval is published in the Gazette. 17
(3) If land has access to a dedicated road by way of the community 18
property, a lease of the land is taken to contain an agreement by the lessee 19
that the lessee must comply with the property by-laws. 20
(4) The property by-laws bind-- 21
(a) the community body corporate; and 22
(b) the members of the community body corporate; and 23
(c) the proprietors of lots created by the registration of a building 24
units or group titles plan; and 25
(d) a precinct body corporate; and 26
(e) the members of a precinct body corporate; and 27
(f) the proprietors of lots created in a staged use precinct by the 28
registration of a building units or group titles plan; and 29
148
Mixed Use Development
(g) a mortgagee in possession (whether by the mortgagee or another 1
person) of a lot within the site; and 2
(h) a lessee or occupier of a lot within the site. 3
(5) A property by-law may not prohibit, destroy or modify any 4
easement, service right or service obligation implied or created by this Act. 5
(6) A property by-law may apply to all the community property or a 6
particular part of the community property specified in the by-law. 7
(7) A property by-law does not affect the operation of any other Act or 8
law. 9
of community by-laws to leased areas 10
Application
The community by-laws may apply to a road, wharf or any 11
Clause207.
other land leased to the community body corporate under section 164. 12
Division 2--Precinct by-laws 13
development control by-laws 14
Precinct
A precinct body corporate may, by comprehensive 15
Clause208.(1)
resolution, make by-laws ("development control by-laws") regulating the 16
quality of design and development within the staged use precinct. 17
(2) The development control by-laws may regulate the size, shape, 18
height, colour, texture and overall placement of buildings or other structures 19
within the staged use precinct. 20
(3) The development control by-laws may provide-- 21
(a) that specified matters in relation to design and development are 22
able to be decided by the precinct body corporate; and 23
(b) a mechanism for deciding disputes in relation to design and 24
development. 25
activities by-laws 26
Precinct
A precinct body corporate may, by comprehensive resolution, 27
Clause209.
149
Mixed Use Development
make by-laws ("activities by-laws") for the control, management, use or 1
enjoyment of lots (other than precinct property) within the staged use 2
precinct. 3
of precinct development control and precinct activities 4
Application
by-laws 5
Clause210.(1) Development control by-laws and activities by-laws-- 6
(a) may apply to the whole of the staged use precinct or a particular 7
part of the staged use precinct; and 8
(b) do not have effect until-- 9
(i) the Minister approves the by-laws; and 10
(ii) notification of the Minister's approval is published in the 11
Gazette; and 12
(c) subject to subsection (3), do not affect the operation of any Act or 13
other law. 14
(2) The development control by-laws and the activities by-laws bind-- 15
(a) the precinct body corporate; and 16
(b) the members of the precinct body corporate; and 17
(c) the proprietors of lots in the staged use precinct created by the 18
registration of a building units or group titles plan; and 19
(d) a mortgagee in possession (whether by the mortgagee or another 20
person) of a lot within the staged use precinct; and 21
(e) a lessee or occupier of a lot within the staged use precinct. 22
(3) A development control by-law or activity by-law prevails to the 23
extent of any inconsistency with a by-law made by a body corporate under 24
the Building Units and Group Titles Act 1980. 25
150
Mixed Use Development
noncompliance with precinct development control by-laws or 1
Minor
precinct activities by-laws 2
On the written request of a person bound by a development 3
Clause211.
control by-law or activity by-law, the precinct body corporate may permit 4
noncompliance with the by-law if it is satisfied that the noncompliance is of 5
a minor nature. 6
property by-laws 7
Precinct
Subject to subsection (5), the precinct body corporate may, 8
Clause212.(1)
by comprehensive resolution, make by-laws ("property by-laws" ) for the 9
control, management, administration, use or enjoyment of the precinct 10
property. 11
(2) A precinct property by-law does not have effect until-- 12
(a) the Minister approves the by-law; and 13
(b) notification of the Minister's approval is published in the Gazette. 14
(3) If a lot or common property has access to a dedicated road or 15
community property by way of the precinct property, a lease of the lot or 16
property is taken to contain an agreement by the lessee that the lessee must 17
comply with the property by-laws. 18
(4) The property by-laws bind-- 19
(a) the precinct body corporate; and 20
(b) the members of a precinct body corporate; and 21
(c) the proprietors of lots created in the staged use precinct by the 22
registration of a building units or group titles plan; and 23
(d) a mortgagee in possession (whether by the mortgagee or another 24
person) of a lot within the staged use precinct; and 25
(e) a lessee or occupier of a lot within the staged use precinct. 26
(5) A property by-law may not prohibit, destroy or modify any 27
easement, service right or service obligation implied or created by this Act. 28
(6) A property by-law may apply to all the precinct property or a 29
particular part of the precinct property specified in the by-law. 30
151
Mixed Use Development
(7) A property by-law does not affect the operation of any other Act or 1
law. 2
of precinct by-laws to leased areas 3
Application
The precinct by-laws may apply to a road, wharf or any other 4
Clause213.
land leased to the precinct body corporate under section 164. 5
PART 11--MISCELLANEOUS 6
safety requirements 7
Fire
Despite the Fire Service Act 1990 or any other Act relating to 8
Clause214.
fire safety, but without compromising the principles of fire safety in those 9
Acts, in issuing a fire safety approval for a building within the site, the 10
relevant fire authority and fire safety officer must take into account-- 11
(a) this Act; and 12
(b) the physical structure of the building as opposed to its title 13
boundaries; and 14
(c) the kinds of subdivision permitted by this Act; and 15
(d) any management statement regulating the building and its site 16
under Part 6; and 17
(e) other matters relating to fire safety approvals for buildings 18
situated within the site that may be prescribed by regulation. 19
to be accompanied by fees 20
Applications
Clause215.(1) The fee determined by the local authority must accompany-- 21
(a) an application for approval under this Act; or 22
(b) a plan lodged with the local authority for its approval under this 23
Act. 24
(2) The fee must be reasonable. 25
152
Mixed Use Development
executive may approve forms 1
Chief
The chief executive may approve forms for use for the 2
Clause216.(1)
purposes of this Act. 3
(2) A person may request the chief executive to give the person a 4
document setting out a form approved under subsection (1). 5
(3) The chief executive must promptly comply with the request. 6
by Minister 7
Delegation
Clause217. The Minister may delegate the Minister's powers under this Act 8
to an officer of the public service. 9
10
Regulations
The Governor in Council may make regulations for the 11
Clause218.(1)
purposes of this Act. 12
(2) A regulation may be made with respect to any of the following 13
matters-- 14
(a) the preparation and approval of plans and documents for the 15
purposes of this Act; 16
(b) the plans and documents that may be lodged under this Act in the 17
land registry; 18
(c) the registration in the land registry of plans and documents; 19
(d) the fees to be paid in relation to the lodgment and registration in 20
the land registry of plans and documents; 21
(e) the nomination and election of-- 22
(i) the chairperson, secretary and treasurer of community 23
bodies corporate and precinct bodies corporate; and 24
(ii) other members of the executive committees of community 25
bodies corporate and precinct bodies corporate; 26
(f) the powers and functions of community bodies corporate and 27
precinct bodies corporate. 28
(3) A regulation may create offences and prescribe penalties of not more 29
153
Mixed Use Development
than 4 penalty units for the offences. 1
2
© State of Queensland 1993
[Index] [Search] [Download] [Related Items] [Help]