MIXED USE DEVELOPMENT ACT 1993 - As at 1 December 2022 - Act 21 of 1993
- As at 1 December 2022
- Act 21 of 1993
Table of Provisions
PART 1 - PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Definitions
- 4 Words and expressions used in Building Units and Group Titles Act
- 4A References to standard module
PART 2 - BASIC CONCEPTS
- 5 Purpose of this part
- 6 Mixed use scheme
- 7 Types of development suitable for a mixed use scheme
- 8 Proposed uses of mixed use scheme to be consistent with the planning scheme
- 9 The site
- 10 Future development area
- 11 First subdivision of the site
- 12 The community plan
- 13 Community development lots
- 14 Community property lots
- 15 Community body corporate
- 16 Staged development
- 17 Precinct plan
- 18 Balance precinct development lots
- 19 Precinct development lots
- 20 Precinct property lots
- 21 Precinct body corporate
- 22 Subdivision of community development lots and precinct development lots by group titles and building units plans
- 23 Stratum subdivision
- 24 Membership of community body corporate On subdivision of site by community plan
- 25 Membership of precinct body corporate
PART 3 - SCHEME OF MIXED USE DEVELOPMENT
Division 1 - Approval of schemes
- 26 Minimum requirements for approval of scheme
- 27 Land taken to be zoned for mixed use development
- 28 Application for approval of scheme
- 29 Decision on application if site taken to be appropriately zoned
- 30 Decision on application if site requires rezoning
- 31 Notification of decision on application
- 32 Submission of scheme by local government
- 33 Approval of scheme
- 34 Notation of approved scheme
Division 2 - Future development areas
- 35 Application that includes future development area
- 36 Provisional approval
- 37 Application for revocation of provisional approval
- 38 Approval of revocation
- 39 Notation of revocation of provisional approval
- 40 Application for subsequent stages
Division 3 - Amendment of approved schemes
- 41 Application for amendment of an approved scheme
- 42 Application for amendment to add land to the site
- 43 Application not adding additional land
- 44 Certain amendments not allowed after community plan registered
- 45 Decision on application if application to amend planning scheme not required
- 46 Decision on application if amendment of planning scheme required
- 47 Notification of decision on application
- 48 Submission of amendment of scheme approved by local authority
- 49 Approval of amendment of scheme
- 50 Notation of amendment
- 51 Minor variation of precinct boundaries
Division 4 - Appeals
- 52 Appeals to the Planning and Environment Court
Division 5 - Effect of approval of scheme
- 53 Approved scheme regulates development etc. of site
Division 6 - Rescission of approved schemes
- 54 Application for rescission
- 55 Rescission of approval
- 56 Notation of rescission
- 57 Effect of rescission
Division 7 - Unauthorised uses
- 58 Use of construction works
- 59 Use of land etc. within a precinct
PART 4 - THE SITE
- 60 The site
- 61 Grant of Crown land
- 62 Site forms part of local authority area
PART 5 - SUBDIVISION OF SITE
Division 1 - Subdivision of site by community plan
- 63 Lodgment of community plan
- 64 Approval of community plan
- 65 Registration of community plan
- 66 Vesting of community property in community body corporate
Division 2 - Amalgamation of community development lots by community plan of amalgamation
- 67 Community plan of amalgamation
- 68 Approval of community plan of amalgamation
- 69 Registration of community plan of amalgamation
- 70 Notice of amalgamation
Division 3 - Subdivision of community development lot by community plan of subdivision
- 71 Community plan of subdivision
- 72 Approval of community plan of subdivision
- 73 Registration of community plan of subdivision
- 74 Notice of subdivision
- 75 Vesting of community property in community body corporate
Division 4 - Subdivision of community development lot by stratum plan under pt 6
- 76 Stratum subdivision of community development lot
- 77 Approval of stratum plan
Division 5 - Subdivision of community development lot by building units or group titles plan
- 78 Building units or group titles plan
- 79 Lodgment of building units or group titles plan
- 80 Approval of building units or group titles plan
- 81 Registration of building units or group titles plan
- 82 Subdivision of group title lot by building units plan
- 83 Subdivision of group title lot by group titles plan
- 84 Lot entitlement if group title lot to be subdivided by a building units plan
- 85 Application of Building Units and Group Titles Act to subdivisions
Division 6 - Subdivision of community development lot by precinct plan
- 86 Precinct plan
- 87 Approval of precinct plan
- 88 Registration of precinct plan
- 89 Vesting of precinct property in precinct body corporate
Division 7 - Amalgamation of precinct development lots by precinct plan of amalgamation
- 90 Precinct plan of amalgamation
- 91 Approval of precinct plan of amalgamation
- 92 Registration of precinct plan of amalgamation
- 93 Notice of amalgamation
Division 8 - Subdivision of precinct development lot by precinct plan of subdivision
- 94 Precinct plan of subdivision
- 95 Approval of precinct plan of subdivision
- 96 Registration of precinct plan of subdivision
- 97 Notice of subdivision
- 98 Vesting of precinct property in precinct body corporate
Division 9 - Subdivision of precinct development lot or balance precinct development lot by stratum plan under pt 6
- 99 Stratum plan
- 100 Approval of stratum plan
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
- 102 Approval of building units or group titles plan
- 103 Registration of building units or group titles plan
- 104 Subdivision of group title lot by a building units plan
- 105 Subdivision of group title lot by group titles plan
- 106 Lot entitlement if group title lot to be subdivided by a building units plan
- 107 Application of Building Units and Group Titles Act to subdivisions
Division 11 - Matters applying to subdivision generally
Subdivision A - Extinguishment of plans
- 108 Extinguishment of plan
- 109 Order of Supreme Court to extinguish plan
- 110 Registration
- 111 Notification of local authority
Subdivision B - Boundary adjustment plans
- 112 Boundary adjustment plan
- 113 Registration of boundary adjustment plan
- 114 Effect of boundary adjustment plan
Subdivision C - Easements
- 115 Implied easements
- 116 Ancillary rights
- 117 Creation of easements by comprehensive resolution
Subdivision D - Sequential plans
- 118 Approval of sequential plans by local authority
- 119 Registration of sequential plans by registrar of titles
PART 6 - STRATUM SUBDIVISION
Division 1 - Interpretation
Division 2 - Subdivision
- 121 Stratum lots and dealings with stratum lots
- 122 Stratum boundary adjustment plan
- 123 Stratum plan of subdivision
- 124 Stratum plan of amalgamation
- 125 General requirements relating to plans
Division 3 - Easements
- 126 Support and shelter for certain stratum lots
- 127 Services for certain stratum lots
- 128 Right of way
- 129 Ancillary rights for easements
- 130 Subdivision of stratum lot by building units plan
- 131 Creation of easements
Division 4 - Valuation
- 132 Valuation of stratum lots
Division 5 - Management statements
- 133 Requirements of management statement
- 134 Recording of management statement
- 135 Effect of management statement
- 136 General provisions that apply to management statement
- 137 Form of management statement
- 138 Matters required for management statement
- 139 Optional matters for management statement
- 140 Amendment of management statement
PART 7 - LAND SUBJECT TO TIDAL INFLUENCE
- 141 Estate or interest in submerged land continues
- 142 Subdivision of submerged land
- 143 Construction of floating buildings and special buildings
- 144 Tidal waters within jurisdiction of authorities
- 145 Obligation of authorities to maintain or undertake works
- 146 Movement of vessels on tidal waters
- 147 Application of laws relating to design and construction etc.
- 148 Statutory charges and valuation of land
- 149 Modification of powers of authorities
PART 8 - THOROUGHFARES, CANALS AND FACILITIES
Division 1 - Thoroughfares
- 150 Construction of thoroughfares
- 151 Maintenance etc. of thoroughfares
- 152 Dedication of thoroughfare as road
- 153 Thoroughfares are roads under certain Acts
- 154 Temporary closure of thoroughfares
- 155 Occupier’s right to use thoroughfares
Division 2 - Canals
- 156 Construction of canals
- 157 Maintenance of canals
- 158 Surrender of canal to State
Division 3 - Community and precinct facilities
- 159 Construction of community facilities
- 160 Construction of precinct facilities
Division 4 - Other matters
- 161 Additional works on community property
- 162 Additional works on precinct property
- 163 Leasing of community and precinct property
- 164 Leases to community and precinct bodies corporate
- 165 Powers of officials on community or precinct property
- 165A Community property and precinct property is public place for certain purposes
PART 9 - BODIES CORPORATE
Division 1 - Interpretation
Subdivision 1 - General
- 166 Definitions
- 166A References to bodies corporate created by the registration of a building units or group titles plan
Subdivision 2 - Electable persons
- 166B Definitions for subdivision
- 166C Meaning of electable person
Division 2 - Incorporation of community body corporate
- 167 Community body corporate
Division 3 - Incorporation of precinct body corporate
- 168 Precinct body corporate
Division 4 - Matters applying to community and precinct bodies corporate
- 169 Members’ nominees
- 170 Seals of bodies corporate
- 171 Address for service of bodies corporate
- 172 Meetings of bodies corporate
- 172A Change of annual general meeting
- 173 Voting entitlements
- 174 Levies by bodies corporate on members
- 175 Power of entry
- 176 Miscellaneous powers of bodies corporate
- 177 Duties of bodies corporate
- 178 Body corporate rolls
- 179 Notices to be given by members
- 180 Applications for supply of information etc. by bodies corporate
- 181 Supply of information etc. by bodies corporate
- 182 Insurance by bodies corporate
- 183 Delegation by corporate members of bodies corporate
- 184 Voting rights
- 185 Constitution of executive committee
- 185A Code of conduct for voting members of executive committee
- 185B Non-voting members of executive committee
- 186 Vacation of office of member of executive committee
- 187 Chairperson, secretary and treasurer of executive committee
- 188 Meetings of executive committee
- 188AA Notice of executive committee meetings
- 188AB When voting member ineligible to vote at executive committee meetings
- 188AC When executive committee member may receive particular benefits
- 188A Conflict of interest of executive committee member [SM, s 53]
- 189 Executive committee’s decisions to be decisions of body corporate
- 190 Statutory restrictions on powers of executive committee
- 191 Restrictions imposed on executive committee by body corporate
- 192 Community or precinct body corporate manager
- 193 Costs in proceedings by members against body corporate
- 194 Service of documents on bodies corporate, members and others
- 195 Power of bodies corporate to convene meetings
- 196 Establishment of committees
- 197 Agreements between precinct bodies corporate
Division 5 - Increase in membership of community body corporate
- 198 Effect of subdivision of subsequent stage or additional land
- 199 Meeting of community body corporate
- 200 Levies and funds
- 201 Application of divs 2 and 4
Division 6 - Proxies for general meetings of bodies corporate
Subdivision 1 - Representing precinct bodies corporate at meetings of community bodies corporate
- 201A Application of sdiv 1
- 201B Appointment [SM, s 107]
- 201C Use of proxy [SM, s 109]
- 201D Special provisions about proxy use [SM, s 110]
- 201E Offence [SM, s 111]
Subdivision 2 - Meetings of precinct bodies corporate
- 201F Application of sdiv 2
- 201G Appointment [SM, s 107]
- 201H Use of proxy [SM, s 109]
- 201I Special provisions about proxy use [SM, s 110]
- 201J Offence [SM, s 111]
Subdivision 3 - Matters applying to proxies for meetings of community and precinct bodies corporate
- 201K Form of proxy [SM, s 108]
- 201L How proxy may be exercised [SM, s 109]
Division 7 - Accounts and audit for precinct bodies corporate
Division 8 - Removal from office of voting members of executive committee for breach of code of conduct
PART 9A - CONDUCT OF BODY CORPORATE MANAGERS, SERVICE CONTRACTORS AND LETTING AGENTS
Division 1 - Preliminary
- 201R Definitions for pt 9A
- 201S Meaning of financier for a letting agent’s contract
- 201T Meaning of letting agent and letting agent business
- 201U Meaning of service contractor for site or precinct
Division 2 - Codes of conduct
- 201V Code of conduct for body corporate manager and caretaking service contractor
- 201W Code of conduct for letting agent
Division 3 - Required transfer of management rights for contravention of code of conduct
Subdivision 1 - Preliminary
- 201X Application of div 3
- 201Y Effect of div 3 on other provisions
Subdivision 2 - Transfer of management rights
- 201Z Code contravention notice
- 201ZA Grounds for requiring transfer
- 201ZB Requirement for transfer
- 201ZC Transfer—letting agent’s choice of transferee
- 201ZD Giving financier copy of transfer notice
- 201ZE Transfer—body corporate’s choice of transferee
- 201ZF Terms of service contract on transfer
Subdivision 3 - Replacement of letting agent authorisation and service contract
- 201ZG Replacement of letting agent authorisation and service contract in particular circumstances
Subdivision 4 - Reviewing terms of letting agent’s service contract
- 201ZH Reviewing terms of service contract
- 201ZI Review criteria
- 201ZJ Giving copy of review advice to letting agent and prospective buyer of management rights
Subdivision 5 - Disputes about transfer of management rights
- 201ZK QCAT jurisdiction
Division 4 - Disputes about contractual matters
Division 5 - Termination of appointment, engagement or authorisation
- 201ZM Termination for failure to comply with remedial action notice [SM, s 131]
PART 10 - BY-LAWS
Division 1 - Community by-laws
- 202 Community development control by-laws
- 203 Community activities by-laws
- 204 Application of community development control by-laws and community activities by-laws
- 205 Minor noncompliance with community development control by-laws or community activities by-laws
- 206 Community property by-laws
- 206A Restricted community property by-laws
- 207 Application of community by-laws to leased areas
Division 2 - Precinct by-laws
- 208 Precinct development control by-laws
- 209 Precinct activities by-laws
- 210 Application of precinct development control by-laws and precinct activities by-laws
- 211 Minor noncompliance with precinct development control by-laws or precinct activities by-laws
- 212 Precinct property by-laws
- 212A Restricted precinct property by-laws
- 213 Application of precinct by-laws to leased areas
PART 11 - MISCELLANEOUS
Division 1 - Fire safety
- 214 Fire safety requirements
Division 2 - Resolution of particular disputes
- 214A Dealing with particular disputes under Building Units and Group Titles Act 1980
- 214B Dealing with matter relating to community development control by-law
- 214C Dealing with matter relating to precinct development control by-law
- 214D Internal dispute resolution processes to be used before application
Division 3 - Other matters
- 214E Associates
- 215 Applications to be accompanied by fees
- 216 Chief executive may approve forms
- 217 Delegation by Minister
- 218 Regulation-making power
PART 12 - BRETTS WHARF DEVELOPMENT
PART 13 - VALIDATION
Division 1 - Preliminary
Division 2 - Bodies corporate
- 225 Deferred application of particular provisions
- 226 Application of code of conduct for existing voting members of executive committees
- 227 Auditing accounts for first annual general meeting after evaluation day
Division 3 - Body corporate managers, service contractors and letting agents
- 228 Deferred application of particular provisions
- 229 Application of code of conduct for existing body corporate managers and caretaking service contractors
- 230 Application of code of conduct for existing letting agents
