Queensland Consolidated Acts

INTEGRATED RESORT DEVELOPMENT ACT 1987

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

   1.      Short title
   2.      Definitions
   3.      Minimum requirements for an approved scheme
   3A.     References to standard module

           Part 2--Scheme of integrated resort development

           Division 1--Approval of scheme

   4.      Application for approval of scheme
   5.      Minister to consider application
   6.      Variation of application
   7.      Decision on application
   8.      Notation of approved scheme

           Division 2--Amendment of approved scheme

   9.      Application for amendment of approved scheme
   10.     Members to be notified of proposed amendment
   11.     Requirements for application
   12.     Minister to consider application
   13.     Decision on application
   13A.    Minor variation of site boundaries
   14.     Minor variation of precinct boundaries

           Division 3--Effect of approval of scheme

   15.     Approved scheme regulates development etc. of site
   16.     Application of provisions of this Act

           Division 4--Revocation of approval of scheme

   17.     Application for revocation
   18.     Revocation of approval
   19.     Notation of revocation
   20.     Effect of revocation

           Part 3--Staged integrated resort development

   21.     Future development area
   22.     Decision on application
   23.     Revocation of provisional approval
   24.     Approval of revocation
   25.     Notation of revocation of provisional approval
   26.     Application for subsequent stages

           Part 4--The site

   27.     The site
   28.     Grant of unallocated State land
   29.     Site forms part of local government area

           Part 5--Subdivision of site

           Division 1--Initial subdivision of and dealing with land
           Subdivision A Creation of initial lots and primary thoroughfare

   30.     Plans to be lodged with local government
   31.     Approval of local government
   32.     Registration of initial plan of subdivision
   33.     Transfer of primary thoroughfare to primary thoroughfare body corporate
           Subdivision B Subdivision of initial lots
   34.     Subdivision of initial lot
   35.     Approval of local government
   36.     Registration of plan of subdivision of initial lot
   37.     Notice of subdivision to primary thoroughfare body corporate
   38.     Notice of subdivision to principal body corporate
           Subdivision C Amalgamation of initial lots
   39.     Amalgamation of initial lots
   40.     Approval of local government
   41.     Registration of plan of amalgamation of initial lots
   42.     Notice of amalgamation to primary thoroughfare body corporate
   43.     Notice of amalgamation to principal body corporate
           Subdivision D Subdivision of initial lots by building units or group titles plan
   44.     Subdivision by building units or group titles plan
   45.     Approval of building units or group titles plan
   46.     Registration of building units or group titles plan
   47.     Subdivision of group title lot by building units plan
   48.     Subdivision of group title lot by group titles plan
   49.     Lot entitlement if group title lot to be subdivided by a building units plan
   50.     Application of Building Units and Group Titles Act to subdivisions

           Division 2--Subsequent subdivision of and dealing with land in residential precincts

   51.     Plan of subdivision of initial lots
   52.     Approval by local government
   53.     Registration of plan of subdivision of initial lot
   54.     Transfer of lots comprising secondary thoroughfare to principal body corporate
   55.     Amalgamation of secondary lot
   56.     Approval of local government
   57.     Registration of plan of amalgamation of secondary lots
   58.     Notice of amalgamation to principal body corporate
   59.     Subdivision of secondary lots within residential precincts
   60.     Notice of subdivision to principal body corporate
   61.     Approval by local government
   62.     Registration of building units plan or group titles plan over secondary lot
   63.     Subdivision of group titles lot by way of building units plan
   64.     Subdivision of group title lot by way of a group titles plan
   65.     Application of Building Units and Group Titles Act to subdivisions
   66.     Lot entitlements under Building Units and Group Titles Act 1980

           Division 3--Dealing with land outside residential precincts

   67.     Primary thoroughfare deemed to be dedicated road

           Division 4--Matters applying to subdivision generally
           Subdivision A Extinguishment of plans

   68.     Extinguishment of plan
   69.     Order of Supreme Court to extinguish plan
   70.     Registration
   71.     Notification of local government
           Subdivision B Boundary adjustment plans
   72.     Boundary adjustment plan
   73.     Registration of boundary adjustment plan
   74.     Effect of boundary adjustment plan
           Subdivision C Easements
   75.     Implied easements
   76.     Ancillary rights
   77.     Creation of easements by special resolution
           Subdivision D Sequential plans
   78.     Approval of sequential plans by local government
   79.     Registration of sequential plans by registrar of titles
           Subdivision E Replacement schedules accompanying particular plans of subdivision
   79A.    Application of sdiv E
   79B.    Application to replace schedule
   79C.    Approval of replacement schedule
   79D.    Recording of replacement schedule

           Part 6--Land subject to tidal influence

   80.     Estate or interest in submerged land continues
   81.     Subdivision of land
   82.     Construction of floating buildings and special buildings
   83.     Tidal waters within jurisdiction of authorities
   84.     Obligation of authorities to maintain or undertake works
   85.     Movement of vessels on tidal waters
   86.     Application of laws relating to design and construction etc.
   87.     Statutory charges and valuation of land
   88.     Modification of powers of authorities

           Part 7--Roads and canals on thoroughfares

   89.     Construction of roads
   90.     Construction of canals
   91.     Maintenance of roads and thoroughfares
   92.     Maintenance of canals
   93.     Additional works on primary thoroughfare
   94.     Leasing of land comprising primary thoroughfare
   95.     Dedication of thoroughfare as road
   96.     Surrender of canal to the State
   97.     Thoroughfares are roads under certain Acts
   98.     Powers etc. of inspectors and others on thoroughfares
   98A.    Primary and secondary thoroughfares are public places for certain purposes
   99.     Temporary closure of thoroughfares
   100.    Occupier's right to use thoroughfares

           Part 8--Bodies corporate

           Division 1--Primary thoroughfare body corporate

   101.    Interpretation
   102.    Primary thoroughfare body corporate
   103.    Member's nominee
   104.    Seal of primary thoroughfare body corporate
   105.    Address of primary thoroughfare body corporate
   106.    Meetings of primary thoroughfare body corporate
   107.    Change of annual general meeting
   108.    Voting entitlements
   109.    Levies by primary thoroughfare body corporate on members
   110.    Change of primary thoroughfare body corporate's address
   111.    Power of entry
   112.    Maintenance of services within lots or common property
   113.    Miscellaneous powers of primary thoroughfare body corporate
   114.    Leases to primary thoroughfare body corporate
   115.    Community facilities on primary thoroughfare
   116.    Duties of primary thoroughfare body corporate
   117.    Primary thoroughfare body corporate roll
   118.    Notices to be given by proprietors
   119.    Supply of information, certificates and copies by primary thoroughfare body corporate
   120.    Insurance by primary thoroughfare body corporate
   121.    Power for individuals to act for corporate members
   122.    Voting rights
   123.    Constitution of executive committee
   123A.   Code of conduct for voting members of executive committee
   124.    Vacation of office of member of executive committee
   125.    Chairperson, secretary and treasurer of executive committee
   126.    Meetings of executive committee
   126A.   Conflict of interest of executive committee member [SM, s 53]
   127.    Executive committee's decisions to be decisions of primary thoroughfare body corporate
   128.    Statutory restrictions on powers of executive committee
   129.    Restrictions imposed on executive committee by primary thoroughfare body corporate
   129A.   Protection of executive committee members from liability
   129B.   Protection of body corporate and executive committee from liability for defamation
   130.    Primary thoroughfare body corporate manager
   131.    Costs in proceedings by members against primary thoroughfare body corporate
   132.    Service of documents on primary thoroughfare body corporate, members and others
   133.    Power of primary thoroughfare body corporate to convene community meetings

           Division 1A--Proxies for principal bodies corporate at general meetings of primary thoroughfare bodies corporate

   133A.   Application of div 1A
   133B.   Appointment [SM, s 107]
   133C.   Form of proxy [SM, s 108]
   133D.   Use of proxy [SM, s 109]
   133E.   Special provisions about proxy use [SM, s 110]
   133F.   Offence [SM, s 111]

           Division 2--Increase in membership of primary thoroughfare body corporate

   134.    Effect of subdivision in subsequent stage
   135.    Meeting of primary thoroughfare body corporate
   136.    Levies and funds
   137.    Application of other division

           Division 3--Principal body corporate

   138.    Interpretation
   139.    Principal body corporate
   140.    Member's nominee
   140A.   When original owner can not be nominee for subsidiary body corporate
   141.    Seal of principal body corporate
   142.    Address of principal body corporate
   143.    Meetings of principal body corporate
   144.    Change of annual general meeting
   145.    Levies by principal body corporate on members
   146.    Change of principal body corporate's address
   147.    Power of entry
   148.    Miscellaneous powers of principal body corporate
   149.    Leases to principal body corporate
   150.    Community facilities on secondary thoroughfare
   151.    Duties of principal body corporate
   152.    Principal body corporate roll
   153.    Notices to be given by proprietors
   154.    Supply of information, certificates and copies by principal body corporate
   155.    Insurance by principal body corporate
   156.    Power for individuals to act for corporate proprietors
   157.    Voting rights
   158.    Constitution of executive committee
   158A.   Code of conduct for voting members of executive committee
   159.    Vacation of office of member of executive committee
   160.    Chairperson, secretary and treasurer of executive committee
   161.    Meetings of executive committee
   161A.   Conflict of interest of executive committee member [SM, s 53]
   162.    Executive committee's decisions to be decisions of principal body corporate
   163.    Statutory restrictions on powers of executive committee
   164.    Restrictions imposed on executive committee by principal body corporate
   164A.   Protection of executive committee members from liability
   164B.   Protection of body corporate and executive committee from liability for defamation
   165.    Principal body corporate manager
   166.    Costs in proceedings by members against principal body corporate
   167.    Service of documents on principal body corporate, members and others
   168.    Establishment of committees

           Division 3A--Proxies for general meetings of principal bodies corporate

   168A.   Application of div 3A
   168B.   Appointment [SM, s 107]
   168C.   Form of proxy [SM, s 108]
   168D.   Use of proxy [SM, s 109]
   168E.   Special provisions about proxy use [SM, s 110]
   168F.   Offence [SM, s 111]

           Division 3B--Accounts and audit

   168G.   Application of div 3B
   168H.   Accounts [SM, s 154]
   168I.   Audit [SM, s 155]

           Division 4--Additional principal bodies corporate or increase in membership of existing principal body corporate

   169.    Effect of subdivision of residential precinct in subsequent stage
   170.    Procedure for increase in membership of existing principal body corporate
   171.    Meeting of expanded principal body corporate
   172.    Levies and funds of expanded principal body corporate
   173.    Application of particular provisions to expanded principal body corporate
   174.    Application of Act to new principal body corporate
   175.    Agreements with another principal body corporate

           Division 5--Removal from office of voting members of executive committees for breach of code of conduct

   175A.   Application of div 5
   175B.   Notice for breach of code of conduct [SM, s 34]
   175C.   Removal of voting member at general meeting [SM, s 35]

           Part 8A--Conduct of body corporate managers, service contractors and letting agents

           Division 1--Preliminary

   175D.   Definitions for pt 8A
   175E.   Meaning of financier for a letting agent's contract
   175F.   Meaning of letting agent and letting agent business
   175G.   Meaning of service contractor for approved scheme or part

           Division 2--Codes of conduct

   175H.   Code of conduct for body corporate manager and caretaking service contractor
   175I.   Code of conduct for letting agent

           Division 3--Required transfer of management rights for contravention of code of conduct
           Subdivision 1--Preliminary

   175J.   Application of div 3
   175K.   Effect of div 3 on other provisions
           Subdivision 2--Transfer of management rights
   175L.   Code contravention notice
   175M.   Grounds for requiring transfer
   175N.   Requirement for transfer
   175O.   Transfer—letting agent's choice of transferee
   175P.   Giving financier copy of transfer notice
   175Q.   Transfer—body corporate's choice of transferee
   175R.   Terms of service contract on transfer
           Subdivision 3--Replacement of letting agent authorisation and service contract
   175S.   Replacement of letting agent authorisation and service contract in particular circumstances
           Subdivision 4--Reviewing terms of letting agent's service contract
   175T.   Reviewing terms of service contract
   175U.   Review criteria
   175V.   Giving copy of review advice to letting agent and prospective buyer of management rights
           Subdivision 5--Disputes about transfer of management rights
   175W.   CCT jurisdiction

           Division 4--Disputes about contractual matters

   175X.   CCT jurisdiction

           Division 5--Termination of appointment, engagement or authorisation

   175Y.   Termination for failure to comply with remedial action notice [SM, s 131]

           Part 9--By-laws

           Division 1--Development control by-laws

   176.    Development control by-laws
   177.    Minor non-compliance with development control by-laws

           Division 2--Primary thoroughfare by-laws

   178.    Primary thoroughfare by-laws

           Division 3--Secondary thoroughfare by-laws

   179.    Secondary thoroughfare by-laws

           Part 10--Miscellaneous

           Division 1--Resolution of particular disputes

   179A.   Dealing with particular disputes under Building Units and Group Titles Act 1980
   179B.   Dealing with matter relating to development control by-law
   179C.   Internal dispute resolution processes to be used before application

           Division 2--Other matters

   179D.   Associates
   180.    Applications to be accompanied by fees
   181.    Penalties paid to general fund or operating fund
   182.    Regulation-making power

           Part 11--Validation

   183.    Declaration about resolution of disputes under Building Units and Group Titles Act 1980

           Part 12--Transitional provisions for Resorts and Other Acts Amendment Act 2009

           Division 1--Preliminary

   184.    Definitions for pt 12

           Division 2--Bodies corporate

   185.    Existing number of committee members may continue until effective day
   186.    Deferred application of particular provisions
   187.    Application of code of conduct for existing voting members of executive committees
   188.    Auditing accounts for first annual general meeting after effective day
   189.    End of appointment of original owner of secondary lot as nominee for subsidiary body corporate

           Division 3--Body corporate managers, service contractors and letting agents

   190.    Deferred application of particular provisions
   191.    Application of code of conduct for existing managers and contractors
   192.    Application of code of conduct for existing letting agents
   193.    Existing term of appointment for body corporate manager
           SCHEDULE 1 -- REQUIREMENTS FOR APPLICATION FOR APPROVAL OF SCHEME AND PROVISIONAL APPROVAL OF FUTURE DEVELOPMENT AREA
           SCHEDULE 2 -- REQUIREMENTS FOR NOTICES OF PROPOSED SCHEME AMENDMENTS
           1. Requirements for placing notice on subject land
           SCHEDULE 3 -- ELECTION OF EXECUTIVE COMMITTEE MEMBERS OF BODY CORPORATE
           1. Definitions for sch 3
           2. Election of members of executive committee [SM, s 15]
           3. Nomination procedures for election of executive committee other than at first annual general meeting [SM, s 16]
           4. Requirements for nominations [SM, s 18]
           5. Conduct of elections for executive committee by secret ballot [SM, s 21]
           6. Conduct of elections for executive committee by open ballot [SM, s 22]
           7. Election of ordinary members of executive committee [SM, s 23]
           8. Conduct of ballot—general requirements [SM, s 24]
           9. Conduct of ballot—scrutiny of votes [SM, s 25]
           10. Conduct of ballot—deciding executive member positions [SM, s 26]
           11. Conduct of ballot—deciding ordinary member positions [SM, s 27]
           12. Conduct of ballot—declaration of voting results [SM, s 28]
           SCHEDULE 4 -- CODE OF CONDUCT FOR VOTING MEMBERS OF EXECUTIVE COMMITTEES
           1. Commitment to acquiring understanding of Act, including this code
           2. Honesty, fairness and confidentiality
           3. Acting in best interests of body corporate and persons with estate or interest in lots
           4. Complying with Act and this code
           5. Conflict of interest
           SCHEDULE 5 -- CODE OF CONDUCT FOR BODY CORPORATE MANAGERS AND CARETAKING SERVICE CONTRACTORS
           1. Knowledge of Act, including code
           2. Honesty, fairness and professionalism
           3. Skill, care and diligence
           4. Acting in body corporate's best interests
           5. Keeping body corporate informed of developments
           6. Ensuring employees comply with Act and code
           7. Fraudulent or misleading conduct
           8. Unconscionable conduct
           9. Conflict of duty or interest
           10. Goods and services to be supplied at competitive prices
           11. Body corporate manager to demonstrate keeping of particular records
           SCHEDULE 6 -- CODE OF CONDUCT FOR LETTING AGENTS
           1. Honesty, fairness and professionalism
           2. Skill, care and diligence
           3. Acting in body corporate's and individual lot owner's best interests
           4. Ensuring employees comply with Act and code
           5. Fraudulent or misleading conduct
           6. Unconscionable conduct
           7. Nuisance
           8. Goods and services to be supplied at competitive prices
           SCHEDULE 7 -- DICTIONARY
           Endnotes