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1
Integrated Resort Development Amendment Bill 1993
INTEGRATED RESORT DEVELOPMENT
AMENDMENT BILL 1993
EXPLANATORY NOTES
Clause 1 sets out the short title of the Act.
Clause 2 states that the Act commences on a date fixed by proclamation.
Clause 3 states that the Integrated Resort Development Act 1987 is
amended as set out in this Act.
Clause 4 inserts definitions of the terms "chief executive", "drainage"
and "service" into the Act.
Clause 5 replaces existing provisions in the Act to bring it into line with
current day administrative procedures and legislative drafting practices.
Replaces section 9 of the Act with a new section 9 which provides that
the Governor in Council may approve a scheme, refuse to approve a
scheme or approve it with modifications or subject to conditions.
Requires the chief executive to--
(a) give notification in the Gazette of the details of approvals granted
and the places where they may be inspected; and
(b) keep a copy of an approved scheme available for inspection at the
Brisbane office of the chief executive; and
(c) note the approval on any plan of development; and
(d) send a copy of the approved scheme to the Registrar of Titles and
the local authority.
Requires the chief executive to supply a copy of the scheme to any
person upon the payment of a reasonable fee.
Clause 6 replaces existing provisions in the Act to bring it into line with
current day administrative procedures and legislative drafting practices.
Omits section 10 of the Act and replaces it with a new section 10 which
requires the local authority and the chief executive to make notations on
relevant planning documents of approvals granted.
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Integrated Resort Development Amendment Bill 1993
Clause 7 replaces existing provisions in the Act to bring it into line with
current day administrative procedures and legislative drafting practices.
Replaces section 16 of the Act with a new section 16 which provides that
the Governor in Council may approve an amendment of a scheme, refuse to
approve an amendment or approve it with modifications or subject to
conditions.
Requires the chief executive to--
(a) give notification in the Gazette of the details of an amendment
approved by the Governor in Council and the places where they may
be inspected; and
(b) keep a copy of an approved amendment of a scheme available for
inspection at the Brisbane office of the chief executive; and
(c) note the approval on any plan of development; and
(d) send a copy of the approved amendment and any plan of
development endorsed by the chief executive to the Registrar of Titles
and the local authority.
Requires the chief executive to supply a copy of the scheme to any
person upon the payment of a reasonable fee.
Requires the Registrar of Titles to note the amendment on any plan of
development.
Clause 8 replaces existing provisions in the Act to bring it into line with
current day administrative procedures and legislative drafting practices.
Replaces section 19 of the Act with a new section 19 which specifies that
an approved scheme regulates the development and use of the site and that
the approved scheme--
· modifies any planning scheme which applies to a site but cannot
extend the uses permitted by the planning scheme; and
· is not subject to the subdivision of land controls normally
exercised by a local authority or by other by-laws or ordinances of the
local authority where those by-laws or ordinances are inconsistent with
this Act.
States that any land, building or structure may be used for any of the
purposes permitted by the scheme.
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Integrated Resort Development Amendment Bill 1993
States that a person must not use any land, building or other structure for
purposes not permitted by the scheme.
Prescribes a penalty for non-compliance with the provisions of the
scheme--200 penalty units maximum.
Clause 9 amends existing provisions in the Act to bring it into line with
current day administrative procedures and legislative drafting practices.
Amends section 20 of the Act by removing references to "Orders in
Council"; and
Adds a new subsection (3) which requires the chief executive to give
notification in the Gazette of any variations approved by the Governor in
Council.
Clause 10 replaces existing provisions in the Act to bring it into line with
current day administrative procedures and legislative drafting practices.
Replaces sections 21 to 24 of the Act with new sections 21 to 24 so that
they are consistent with the provisions contained in the Mixed Use
Development Bill, 1993.
Section 21 allows the applicant to make application to the Minister for an
approved scheme to be revoked only if--
· no plan of subdivision has been registered;
· all plans that have been registered are extinguished in accordance
with section 46A of this Act and requires that where this has occurred,
the application to the Minister must be made by all of the proprietors
of land within the site.
Requires the Minister to consider the application and discuss it with the
local authority.
Section 22 provides that the Governor in Council may approve the
revocation, refuse to approve the revocation or approve it subject to
conditions.
Requires the chief executive to--
(a) give notification in the Gazette of the details of approval of the
revocation and the places where it may be inspected; and
(b) keep a copy of an approval of the revocation available for
inspection at the Brisbane office of the chief executive; and
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Integrated Resort Development Amendment Bill 1993
(c) note the approval of the revocation on any plan of development;
and
(d) send a copy of the approval of the revocation to the Registrar of
Titles and the local authority.
Requires the chief executive to supply a copy of the approval of the
revocation to any person upon the payment of a reasonable fee.
States that the Registrar of Titles must note the revocation on any plan of
development.
Section 23 requires the local authority and the chief executive to make
notations on relevant planning documents of any approval of revocation.
Section 24 states that upon revocation of a scheme the provisions of this
Act no longer apply and that the full provisions of the Canals Act (if
applicable) again apply.
Provides that anything lawfully done under this Act, remains lawful.
Clause 11 amends section 24C of the Act by omitting sub-sections
24C(6),(7) and (8) to make the provisions consistent with current drafting
practise.
Clause 12 replaces existing provisions in the Act to bring it into line with
current day administrative procedures and legislative drafting practices.
Inserts new sections 24CA and 24 CB into the Act (replacing
subsections 24C(6), (7) and (8)) and which provide as follows--
Section 24CA provides that the Governor in Council may approve the
revocation of provisional approval, refuse to approve the revocation of
provisional approval, or approve of it with modifications or subject to
conditions.
Requires the chief executive to--
(a) give notification in the Gazette of the details of approval of the
revocation and the places where it may be inspected; and
(b) keep a copy of an approval of the revocation available for
inspection at the Brisbane office of the chief executive; and
(c) note the approval of the revocation on any plan of development;
and
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Integrated Resort Development Amendment Bill 1993
(d) send a copy of the approval of the revocation to the Registrar of
Titles and the local authority.
Requires the chief executive to supply a copy of the approval of the
revocation to any person upon the payment of a reasonable fee.
States that the Registrar of Titles must note the revocation on any plan of
development.
Section 24CB requires the local authority and the chief executive to
make notations on relevant planning documents of any approval of
revocation of provisional approval.
Clause 13 replaces existing provisions in the Act to bring it into line with
current day administrative procedures and legislative drafting practices.
Omits sub-section 24D(6) from the Act and inserts a new sub-section
24D(6) which prevents a person carrying out works in a subsequent stage
before approval has been obtained and prescribes a maximum penalty for
non-compliance with this provision of 200 penalty units.
Clause 14 replaces existing provisions in the Act to bring it into line with
current day administrative procedures and legislative drafting practices.
Replaces sections 25 to 27 of the Act with new sections 25 to 27.
Section 25 states that the site of an approved scheme includes all of the
lands within the boundaries of the site and the lands must be in freehold
tenure or intended to be freehold.
Allows a site to include land that is, or may become inundated by water
or subject to tidal influence.
Allows a site to comprise 2 or more parcels if it is divided by a road,
railway, tramway or boundary watercourse.
Section 26 allows the Governor in Council, pursuant to the provisions
contained in the Land Act to grant Crown Land in fee simple and in priority
to an applicant on the payment of such amount as determined by the
Governor in Council so that such land can be included in a scheme only if
the land in question is required to regularise the boundaries of the site or
becomes a remnant which cannot reasonably be used for other purposes.
States that this authority exists despite any provision of the Land Act
which could be held to prevent this being done.
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Integrated Resort Development Amendment Bill 1993
Section 27 incudes any part of a site not within a local authority area in
that area.
Clause 15 replaces existing provisions in the Act to bring it into line with
current day administrative procedures and legislative drafting practices.
After Division 1 of Part 4 inserts a heading "Subdivision A--Creation
of initial lots and primary thoroughfare".
Clause 16 replaces section 29(1)(a) of the Act to clarify that each lot
must have access to a dedicated road through lots comprising a primary
thoroughfare and on which, a road is constructed or is to be constructed.
Replaces section 29(5) of the Act with new subsections (5), (6) and (7)
to provide that:-
a. in the case of a site on an island, access is taken to be provided to
each lot if a primary thoroughfare serving the lots adjoins the foreshore
and a road is constructed or is to be constructed on that thoroughfare;
and
b. in the case of remote area sites which do not have access to a
dedicated road, the Minister may advise the local authority that certain
access proposals are appropriate; and
c. access to a dedicated road from lots within a site may be
progressively provided as subdivision of a part of the site is effected.
Clause 17 omits section 30(3) of the Act as Clause 16 of the Bill more
precisely deals with the subject matter.
Renumbers section 30(4) as section 30(3).
Clause 18 replaces existing provisions in the Act to bring it into line with
current day administrative procedures and legislative drafting practices.
Inserts new headings and sections 31A to 31Q into the Act.
After section 31 insert a new heading "Subdivision B--Subdivision of
initial lots".
Section 31A permits the proprietor of an initial lot to subdivide the lot
into 2 or more initial lots provided that the plan of subdivision is:-
a. lodged with the local authority; and
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Integrated Resort Development Amendment Bill 1993
b. accompanied by a schedule setting out the voting entitlements
which are to apply to each of the initial lots to be created where they are
not within a residential precinct; and
c. accompanied by a schedule setting out the maximum number of
lots which may be created by the further subdivision of the lot, where a
lot created is within a residential precinct;
Section 31B provides that the local authority may approve a plan of
subdivision of an initial lot if it is satisfied that the requirements of section
31A and section 29 have been complied with.
Section 31C allows the Registrar of Titles to register a plan of
subdivision of an initial lot only if it complies with the requirements of
section 31A and has been approved by the local authority.
Allows the Registrar of Titles to accept the determination by the local
authority that the proposed lots have adequate access to a dedicated road.
Section 31D requires the proprietor of new initial lots which are not in a
residential precinct, to give written notice of their existence to the primary
thoroughfare body corporate.
Requires that the notification given to the primary thoroughfare body
corporate contains certain particulars.
Section 31E requires the proprietor of new initial lots within a residential
precinct to give written notice of their existence to the principal body
corporate.
Requires that the notification given to the principal body corporate
contains certain particulars.
Insertion of a new heading "Subdivision C--Amalgamation of initial
lots".
Section 31F permits the proprietor of 2 or more initial lots to
amalgamate the lots by a plan of amalgamation provided that the plan is:-
a. lodged with the local authority; and
b. accompanied by a schedule setting out the voting entitlements
which are to apply to the lot/s to be created where they are not within a
residential precinct; and
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Integrated Resort Development Amendment Bill 1993
c. accompanied by a schedule setting out the maximum number of
lots which may be created by the further subdivision of the lot/s where
the lot/s created by amalgamation are within a residential precinct.
Section 31G provides that the local authority may approve a plan of
amalgamation of initial lots if it is satisfied that the requirements of section
31F have been complied with.
Section 31H allows the Registrar of Titles to register a plan of
amalgamation of initial lots only if it complies with the requirements of
section 31F and has been approved by the local authority.
Section 31I requires the proprietor of the new amalgamated lot/s which
are not in a residential precinct to give written notice of their existence to the
primary thoroughfare body corporate.
Requires that the notification given to the primary thoroughfare body
corporate contains certain particulars.
Section 31J requires the proprietor of the new amalgamated lot/s which
are within a residential precinct to give written notice of their existence to the
principal body corporate.
Requires that the notification given to the principal body corporate
contains certain particulars.
Insertion of a new heading "Subdivision D--Subdivision of initial lots
by building units or group titles plan".
Section 31K states that an initial lot which is not within a residential
precinct may be subdivided by a building units or group titles plan.
Requires that a building units or group titles plan be lodged with the local
authority.
Requires that the proprietor submits a statement with the plan where it is
proposed that a group titles lot is to be further subdivided by a building
units plan and that the statement identifies the lot to be further subdivided.
Requires that the plan be accompanied by a schedule which sets out the
maximum number of lots to be created where a group titles lot is to be
further subdivided by a building units plan.
Requires that each lot proposed to be created has access to a dedicated
road either directly or by way of a primary thoroughfare or through
common property.
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Integrated Resort Development Amendment Bill 1993
Section 31L provides that the local authority may approve of a building
units or group titles plan if certain minimum requirements are satisfied.
Section 31M provides that the Registrar of Titles may register a building
units or group titles plan if it has been approved by the local authority.
Allows the Registrar of Titles to accept the determination by the local
authority that each proposed lot has adequate access.
Section 31N provides that where a group titles plan is to be further
subdivided by a building units plan, the building units plan may be:-
a. approved by the local authority; and
b. registered by the Registrar of Titles.
States that the approval of a building units plan on a group titles lot is to
be dealt with as if the lots created were group title lots and that a further
body corporate is not created for the building unit lot owners.
Section 31O allows a group title lot that is not subdivided by a building
units plan to be subdivided by a further group titles plan as if the lot were an
initial lot subject to certain requirements being met.
Section 31P states that where a group title lot is to be subdivided by a
building units plan, regard must be had to the maximum number of lots
which may be created by a building units plan in respect of that lot.
Section 31Q states that the second proviso to section 10(1) and section
10(6)(b) of the Building Units and Group Titles Act do not apply to
subdivisions under this Division and that for the purposes of section 9(7) of
that Act a plan of subdivision is taken to comply with the requirements of
that subsection if it complies with those requirements as modified by this
Bill.
Clause 19 inserts, after section 35, new sections 35A--35D inclusive,
into the Act which provide for the amalgamation of secondary lots.
Section 35A permits the proprietor of 2 or more secondary lots to
amalgamate the lots by way of a plan of amalgamation provided that the
plan is lodged with the local authority and is accompanied by a schedule
setting out the voting entitlements that are to apply in respect of the new
lot/s to be created.
Section 35B states that a local authority may approve a plan of
amalgamation of secondary lots if it is satisfied that the maximum number
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Integrated Resort Development Amendment Bill 1993
of lots into which the new secondary lot/s may be subdivided equals the
total number of lots that could have been obtained from the lots to be
amalgamated.
Section 35C provides for the registration of a plan of amalgamation by
the Registrar of Titles subject to compliance with certain requirements.
Section 35D requires the proprietor of a new secondary lot/s to give
notice in writing to the principal body corporate of its existence and for such
notification to contain certain particulars.
Clause 20 inserts a new section 36A into the Act after section 36.
Section 36A requires that the proprietor of secondary lots and secondary
thoroughfare lots created by the subdivision of a secondary lot give notice in
writing to the principal body corporate of their existence and for such
notification to contain certain particulars.
Clause 21 omits sections 43--45 inclusive, from the Act.
The sections refer to the creation of implied service easements.
The provisions are more clearly and precisely enunciated in sections
46H--46I inclusive, to be inserted under clause 10 of this Bill.
Clause 22 inserts, after Division 3 of Part 4 of the Act, a new Division 4
which deals with the matters applying to subdivision generally. It is divided
into 4 separate parts identified as follows:-
Division 4--Matters applying to subdivision generally
Subdivision A--Extinguishment of plans
Section 46A allows a plan to be extinguished by unanimous resolution
of the relevant body corporate or by order of the Supreme Court.
Section 46B allows the relevant body corporate, a proprietor of a lot or
the registered mortgagee of a lot to apply to the Supreme Court for an order
to extinguish a plan.
Requires the Court to, amongst other things, have regard to the rights and
interests of the proprietors as a whole.
States that where the Court orders that a plan be extinguished, it must
also order that the body corporate be wound up and that the interests in the
assets of the body corporate be vested in the proprietors of the lots in shares
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Integrated Resort Development Amendment Bill 1993
that the Court deems to be appropriate.
Section 46C requires the Registrar of Titles to take action to give effect
to an order made by the Supreme Court.
Allows the Registrar of Titles to deal with an application made for the
extinguishment of a plan only if every registered interest in the land, the
subject of the application, has been discharged, surrendered, withdrawn or
otherwise disposed of.
Specifies what must happen as a consequence of the registration of a
request for extinguishment of a plan.
Section 46D requires the Registrar of Titles to notify the local authority
concerned of the registration of a request to extinguish a plan.
Subdivision B--Boundary adjustment plans
Section 46E provides for the lodgement of a boundary adjustment plan
with the local authority and for such a plan to be approved by the local
authority provided the variation is minor and the consent of all affected
parties has been obtained.
Provides a right of appeal to the Planning and Environment Court by an
applicant where the local authority has refused a boundary adjustment plan
or not decided it within 40 days.
States that Part 7 of the Local Government (Planning and Environment)
Act applies to appeals instituted under this section.
Section 46F prevents the Registrar of Titles from registering a boundary
adjustment plan unless it has been approved by the local authority.
Allows the Registrar of Titles to rely on the approval by the local
authority as being evidence that all requirements of the Act have been
complied with.
Section 46G states that the registration of a boundary adjustment plan
does not affect any interest held by any party in any lot affected by the plan
and does not, in itself, create a liability for stamp duty.
Subdivision C--Easements
Section 46H states that unless an easement has been established for a
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Integrated Resort Development Amendment Bill 1993
particular service or services, easements are implied to exist in favour of
any lot or common property or against any lot or common property for the
provision of services required or provided for the use and enjoyment of the
lots or common property.
Prevents the unreasonable use of implied easement rights by a proprietor
or a body corporate in a way which interferes with the enjoyment of the use
or occupation by a proprietor or a body corporate of another lot or common
property.
Establishes reasonable implied easement rights in favour of and against
lot owners where boundary clearances are such that access for maintenance
has to be obtained from a neighbouring lot.
Prevents the unreasonable use of implied easement rights by a proprietor
of a lot against the proprietor of another lot.
Requires that reasonable notice be given to the proprietor of a lot prior to
entering that lot to effect work unless the work required to be done is
urgent.
Section 46I provides that all rights and obligations necessary to make
implied easements effective, apply.
Section 46J provides that a primary thoroughfare body corporate or
principal body corporate may, by special resolution, execute, accept or
surrender a grant of easement and accept the surrender of a grant of
easement.
Subdivision D--Sequential plans
Section 46K allows a local authority to approve of a range of different
types of plans at the same time if it is satisfied that the sequential
implementation of the proposed development will result in the requirements
of the Act being satisfied.
Requires that the local authority issues a certificate which identifies the
plans approved by it and the date/s upon which such approvals were
granted.
Section 46L allows the Registrar of Titles to register plans referred to in
section 46K at the same time and in the appropriate order provided the
certificate required by Section 46K has been supplied.
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Integrated Resort Development Amendment Bill 1993
Clause 23 replaces existing provisions in the Act to bring it into line with
current day administrative procedures and legislative drafting practices.
Replaces sections 49 to 55 of the Act with new sections 49 to 55.
Section 49 states that a floating building or a special building is not a
vessel or the placing of a pile or any other structure in, on or over land that
is subject to tidal influence, is not harbour works.
Section 50 provides that the banks and foreshores which extend beyond
the quay line, comes within the jurisdiction of the authority that has
responsibilities relative to adjacent banks and foreshores.
Section 51 states that the relevant authority has no obligation to carry out
works within the site unless a specific undertaking in writing to carry out
certain works is in existence.
Section 52 allows the proprietor of submerged land to restrict the
movement of vessels over the land provided the waters are not beyond the
quay line.
States that where a proprietor of submerged land permits a vessel to be
moored above that land, the proprietors of other lands within the site must
not restrict the movement of vessels to or from the mooring.
Section 53 states that the design, construction, and use of materials or
fixtures and fittings for floating buildings and special buildings are to
comply with the requirements of the laws of the state to the extent that they
can be sensibly applied.
Section 54 states that for the purposes of determining the unimproved
value of land and the assessment of rates, land tax and other statutory
charges, submerged lands are to be taken as being lands that are not or
never have been submerged.
Section 55 prevents an authority having jurisdiction over the banks and
foreshores of tidal waters within the site from granting leases, licenses or
permits to occupy any land which comprises a part of the site of an
approved scheme.
Clause 24 replaces existing provisions in the Act to bring it into line with
current day administrative procedures and legislative drafting practices.
Replaces section 56A (Construction of Canals) of the Act with a new
section 56A.
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Integrated Resort Development Amendment Bill 1993
Section 56A allows canals to be constructed within a site by the applicant
and at the applicant's expense, provided they are to be established on a
primary thoroughfare or a secondary thoroughfare.
States that the provisions of the Canals Act (other than the provisions
prescribed by regulation for the purposes of this Clause) are to apply.
Allows the Registrar of Titles to register instruments of title for canals
even though the land is not surrendered to the Crown as required by section
9 of the Canals Act.
Clause 25 replaces existing provisions in the Act to bring it into line with
current day administrative procedures and legislative drafting practices.
Inserts a new section 57A into the Act after section 57 which relates to
the maintenance of canals.
Section 57A states that the responsibility for maintenance of canals and
any improvements in them rests with the relevant body corporate.
Clause 26 replaces existing provisions in the Act to bring it into line with
current day administrative procedures and legislative drafting practices.
Amends section 60A of the Act by removing references to "Orders in
Council" and clearly states that those provisions of the Canals Act which
were prescribed by Regulation to not apply to canals do again apply where
canals are surrendered to the Crown.
Clause 27 replaces existing provisions in the Act to bring it into line with
current day administrative procedures and legislative drafting practices.
Amends section 70 of the Act by prescribing maximum penalties for
non-compliance with the provisions of sub-sections 70(1) and 70(4).
In each case, the maximum penalties prescribed are 50 penalty units.
Clause 28 inserts after section 70, a new section 70A.
Section 70A provides that the primary thoroughfare body corporate may
make application to the Minister to change the date of its annual general
meeting provided such action is supported by a resolution of the body
corporate.
Allows the Minister to approve or refuse to approve the application and
requires that the primary thoroughfare body corporate be notified in writing
of the Minister's decision.
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Integrated Resort Development Amendment Bill 1993
Clause 29 replaces existing provisions in the Act to bring it into line with
current day administrative procedures and legislative drafting practices.
Amends sub-section 74 (2) of the Act by prescribing a maximum
penalty of 50 penalty units for non-compliance with the provisions of the
subsection.
Clause 30 inserts after section 74, a new section 74A.
Section 74A provides a power of entry onto any part of a lot in favour of
the primary thoroughfare body corporate, its agents, servants or contractors
for the purpose of carrying out work required to be done. Entry may be
made at any time in cases of emergency and in other cases, after reasonable
notice has been given to the occupier of a lot likely to be affected by the
work.
Clause 31 amends section 75B of the Act by inserting a new subsection
(3) which states that the primary thoroughfare body corporate must
maintain the community facilities.
Clause 32 replaces sections 76(1)(f) and 76(1)(g) with new sections
relating to the keeping of books of account for periods which end 3 months
prior to the month which is the anniversary of the first annual general
meeting.
Requires the primary thoroughfare body corporate to hold its annual
general meeting on or after the anniversary of the first annual general
meeting but not later than 2 months after that anniversary.
Clause 33 replaces existing provisions in the Act to bring it into line with
current day administrative procedures and legislative drafting practices.
Amends section 78 of the Act by prescribing a maximum penalty of 4
penalty units for non-compliance with the provisions of sub-section 78(1).
Clause 34 replaces existing provisions in the Act to bring it into line with
current day administrative procedures and legislative drafting practices.
Amends section 86 of the Act by prescribing maximum penalties of 50
penalty units and 20 penalty units for non-compliance with the provisions
of sub-sections 86(2) and 86(5) respectively.
Clause 35 replaces section 93A of the Act with a new section 93A which
deals with the effect of subdivision in a subsequent stage.
Provides for the proprietor/s of land comprised in a subsequent stage of a
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Integrated Resort Development Amendment Bill 1993
development to become additional members of the primary thoroughfare
body corporate.
Recognises that the proprietor/s of land comprised in a subsequent stage
of development become additional members of the appropriate principal
body corporate on registration of the initial plan/s of subdivision.
Provides that upon registration of the initial plan/s of subdivision for a
subsequent stage, the site includes the additional area.
Clause 36 replaces existing provisions in the Act to bring it into line with
current day administrative procedures and legislative drafting practices.
Amends section 99 of the Act by prescribing maximum penalties of 50
penalty units each for non-compliance with the provisions of subsections
99(1) and 99(4).
Clause 37 inserts after section 99, a new section 99A.
Section 99A provides that the principal body corporate may make
application to the Minister to change the date of its annual general meeting
provided such action is supported by a resolution of the body corporate.
Allows the Minister to approve or refuse to approve the application and
requires that the principal body corporate be notified in writing of the
Minister's decision.
Clause 38 replaces existing provisions in the Act to bring it into line with
current day administrative procedures and legislative drafting practices.
Amends section 102 of the Act by prescribing a maximum penalty of 50
penalty units for non-compliance with the provisions of subsection (2).
Clause 39 inserts after section 103, new sections 103A and 103B.
Section 103A allows the principal body corporate to take a lease over a
road closed in strata or over a wharf for the purposes of providing access to
thoroughfares or for any other purpose prescribed by Regulation.
Section 103B allows a principal body corporate, by special resolution, to
establish facilities on community property or on land leased by the body
corporate for use by persons lawfully occupying land within the site.
States that the principal body corporate must maintain community
facilities.
Clause 40 replaces sections 104(1)(f) and 104(1)(g) with new sections
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Integrated Resort Development Amendment Bill 1993
relating to the keeping of books of account which require that the
preparation of a proper statement of accounts of the principal body
corporate for periods ending on the last day of the month which are to be 3
months prior to the month which is the anniversary of the first annual
general meeting.
Requires the principal body corporate to hold its annual general meeting
on or after the anniversary of the first annual general meeting but not later
than 2 months after that anniversary.
Clause 41 replaces existing provisions in the Act to bring it into line with
current day administrative procedures and legislative drafting practices.
Amends section 106 of the Act by prescribing a maximum penalty of 4
penalty units for non-compliance with the requirements of subsection (1).
Clause 42 replaces existing provisions in the Act to bring it into line with
current day administrative procedures and legislative drafting practices.
Amends Section 114 of the Act by prescribing maximum penalties of 50
penalty units and 20 penalty units for non-compliance with the provisions
of sub-sections (2) and (5) respectively.
Clause 43 replaces Division 2A of Part 7 of the Act with a new Division
3 of Part 7 which provides for additional principal bodies corporate to be
established and for the membership of existing principal bodies corporate to
be expanded as a result of subsequent stages being included in the
development.
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Integrated Resort Development Amendment Bill 1993
The clause inserts the following:-
Division 3--Additional principal bodies corporate or increase in
membership of existing principal body corporate.
Section 121A provides that the proprietors of lots within residential
precincts in a subsequent stage either constitute a new principal body
corporate or become additional members of an existing principal body
corporate upon the registration of the first plan of subdivision of residential
lands comprised in the subsequent stage.
Section 121B states that the proprietors of land which is in a residential
precinct and also comprises a subsequent stage, may only become
additional members of an existing principal body corporate if:-
-- details of the proposed additional membership is set out in a
motion given to the members of the relevant principal body corporate;
and
-- the motion given to the members of the relevant principal body
corporate is passed by special resolution of that body corporate; and
-- the proposal to add members to an existing body corporate is
stated in the application for approval of a subsequent stage; and
-- the subsequent stage application has been approved.
Requires that the application referred to be accompanied by:-
-- a copy of the motion given to the members of the relevant
principal body corporate; and
-- evidence that the motion was carried by special resolution of the
principal body corporate; and
-- details of the effect that the addition of the members is likely to
have on members of the existing body corporate.
Section 121C requires that the principal body corporate convenes a
meeting within 3 months of the first plan of subdivision being registered
which subdivides a subsequent stage or additional land.
States that for the purpose of setting dates for subsequent annual general
meetings the meeting referred to in this section is taken to be the first annual
general meeting.
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Integrated Resort Development Amendment Bill 1993
Section 121D states that within 14 days of a first plan of subdivision
being registered which subdivides a subsequent stage or additional land, the
principal body corporate is to determine the contributions to be made to it in
respect of those lands.
States that the fund of the principal body corporate which existed at the
time new members joined the body corporate continues in existence.
Section 121E states that the provisions of Division 2 of Part 7 of the Act
(with necessary modifications) apply to the increased membership.
Section 121F states that the provisions of the Act apply to any new
principal body corporate established in respect of a subsequent stage.
Section 121G provides authority for a principal body corporate to enter
into an agreement with another principal body corporate in relation to
secondary thoroughfares or personal property which is vested in any one of
them.
Clause 44 replaces existing provisions in the Act to bring it into line with
current day administrative procedures and legislative drafting practices.
Omits section 128 of the Act and inserts a new section which requires
that penalty amounts recovered in relation to offences be paid into the
General Fund of the Local Authority.
Clause 45 replaces existing provisions in the Act to bring it into line with
current day administrative procedures and legislative drafting practices.
Omits section 131 of the Act and inserts a new section which sets out the
matters and things in respect of which the Governor in Council may make
regulations.
The Schedule sets out minor amendments which include drafting and
administrative matters.
© The State of Queensland 1993