SOUTH BANK CORPORATION ACT 1989

Queensland Consolidated Acts

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SOUTH BANK CORPORATION ACT 1989

TABLE OF PROVISIONS

Long Title

Contents

Part 1--Preliminary

1. Short title
2. Notes in text
3. Definitions
4. Meaning of assessable development
5. Interpretation—modified Building Units and Group Titles Act
6. Interpretation—words etc. used in modified Building Units and Group Titles Act

Part 2--The corporation and board

7. Establishment of corporation
8. Corporation represents the State
9. Corporation board
10. Composition of board
11. Report about person's criminal history
12. Deputies of members
13. Corporation manager

Part 3--The area of the corporation

Division 1--Corporation area

15. Corporation area
16. Variation of corporation area

Division 2--Road closures, surrenders, vestings and titling

17. Vesting of public lands other than roads
18. Riverside parkland
19. Car park land and reserve
20. Readjustment of boundaries
21. Registrar may register instruments etc.
22. Recording of vesting of land
23. Exemption from fees and charges

Part 4--Objects, functions and powers

24. Objects
25. Functions
26. Powers in relation to land
27. Agreement with public agencies
28. Agreements with other persons
29. Business or undertaking
30. Delegation by corporation
31. Committees
31A. Corporation may enter into work performance arrangements

Part 4A--South Bank Employing Office

Division 1--Establishment and functions of employing office

31B. Establishment of employing office
31C. Employing office represents the State
31D. Functions of employing office

Division 2--Executive officer

31E. Appointment of executive officer
31F. Executive officer acting for employing office

Division 3--Staff of employing office

31G. Employing office may employ staff
31H. Employing office may enter into work performance arrangements

Division 4--Other provisions

31I. Employing office is statutory body

Part 5--Development plan

32. Draft development plan
33. Public exhibition of plan
34. Approved development plan
35. Amendment of approved development plan
36. Implementation of approved development plan
37. Augmentation of water supply and sewerage
38. Continuance of railway operations
39. Completion of development

Part 6--Roads, reconfiguration and stratum lots

40. Closure of roads
41. Subdivision and amalgamation of land and opening of roads
42. Stratum lots and dealings with stratum lots
43. Support and shelter for certain stratum lots
44. Services for certain stratum lots
45. Ancillary rights for implied easements
46. Management statement
47. Subdivision of land by a leasehold building units plan
48. Creation of easements

Part 7--Development and uses

Division 1--Interpretation

49. Definitions for part
50. Meaning of lawful use and use

Division 2--Existing uses and rights protected

51. Lawful uses of premises protected
52. Lawfully constructed buildings and works protected
53. Amendment of approved development plan can not affect existing development approvals

Division 3--Development approvals

54. Development approval authorises assessable development
55. Applying for a development approval
56. Changing an application
57. Withdrawing an application
58. Information requests to applicant
59. Applicant responds to any information request
60. Deciding the application generally
61. Decision notice
62. Conditions must be relevant or reasonable
63. Particular approvals to be recorded on planning scheme
64. When development approval takes effect
65. When development may start
66. When development approval lapses
67. Request to extend currency period
68. Deciding request to extend currency period
69. Development approval attaches to land
70. Request to change or cancel development approval
71. Deciding request to change or cancel development approvals

Division 4--South Bank development offences

72. Application of this division to the corporation
73. Carrying out assessable development without development approval
74. Compliance with development approval
75. Offence about use of premises
76. Development or use carried out in emergency

Division 5--Relationship with the Integrated Planning Act until the development completion date

77. Application of div 5
78. When the corporation is a concurrence agency

Division 6--Relationship with the Integrated Planning Act on development completion date

79. Effect of development completion date

Division 7--Miscellaneous

80. Approved forms
81. Interim use

Part 8--Conduct on the site

82. Conduct causing public nuisance
83. Power to exclude persons causing public nuisance
84. Power to hand over certain offenders to the police
85. Power to ask name and address
86. Court may exclude person from the site
87. Certain exclusion directions may be reviewed
88. Review does not stay effect of exclusion direction
89. Procedure for review
90. Decision on review
91. Annual report of corporation to include report on part

Part 9--Financial provisions

92. Payment instead of rates
93. Corporation is statutory body under Financial Accountability Act 2009
94. Corporation is statutory body under Statutory Bodies Financial Arrangements Act 1982
95. Payment of surplus funds
96. Financial return
97. Corporation's budget

Part 10--Miscellaneous provisions

98. Offence provision
99. Fire safety requirements
100. Lessee taken to be owner of land or lot
101. Valuation of stratum lots
102. Dividing Fences Act not to apply
103. Application of Land Sales Act to public authorities
104. Inconsistency with other Acts
105. Reference to single deed of grant only
106. Application of Transport Infrastructure Act 1994 to corporation area
107. Reserve power of Minister to give directions in public interest
108. Security officers
109. Appointment conditions and limit on powers
110. Issue of identity card
111. Production or display of identity card
112. When security officer ceases to hold office
113. Resignation
114. Return of identity card
115. By-laws of corporation
116. Regulation-making power

Part 11--Transitional provisions

Division 1--Transitional provisions for South Bank Corporation and Other Acts Amendment Act 2003

118. Members of the corporation
119. Development approvals
120. Variation of development approvals
121. Existing lawful use
122. Security officers
123. Reference to member of the corporation

Division 2--Transitional provision for Audit Legislation Amendment Act 2006

124. Audit of body corporate's accounts for certain financial years

Division 3--Transitional provisions for Statutory Bodies Legislation Amendment Act 2007

125. Rights and entitlements of particular employees
126. Application of industrial instruments
127. Amending Act does not affect particular powers of corporation
128. Continued application of repealed s 14

Division 4--Transitional provision for Revenue and Other Legislation Amendment Act (No. 2) 2008

129. Amendment of by-law
SCHEDULE 1 ADDITIONAL PROVISIONS ABOUT MEMBERS AND PROCEDURE OF THE BOARD

Part 1--Provisions about members
1. Duration of appointment
2. Disqualification from membership of board
3. Ceasing to be member
4. Terms of appointment

Part 2--Meetings and other business of board
5. Meaning of required minimum number of members
6. Conduct of meetings and other business
7. Times and places of meetings
8. Presiding at meetings
9. Quorum and voting at meetings
10. Taking part in meetings by telephone etc.
11. Resolutions without meetings
12. Register of minutes and decisions

13. Corporation's seal
14. Disclosure of interests by member
15. Voting by interested member
SCHEDULE 2 CORPORATION AREA
SCHEDULE 3 MANAGEMENT STATEMENT
1. Form of management statement
2. Matters to be included
3. Optional matters for management statement
SCHEDULE 4 MODIFIED BUILDING UNITS AND GROUP TITLES ACT

Part 1--Preliminary
1. Short title
2. Commencement
3. Arrangement of Act
4. Repeals and savings
5. Savings and transitional
6. Construction of Act
7. Interpretation

Part 2--Subdivision of land

Division 1--Creation of lots and common property
8. Subdivision
9. Registration of leasehold building units plan
9A. Effect of registration of leasehold building units plan
10. Resubdivision
10A. Consequences of registration of leasehold plan of resubdivision
11. Amalgamation of lots
12. Conversion of lots into common property
12A. Lease determined on registration
13. Plans and notices of conversion to be signed
14. Copies of leasehold building units plan to certain authorities and bodies corporate

15. Support and shelter
16. Shelter
17. Services
17A. Easements in certain leasehold building units plans
18. Ancillary rights
19. Lot entitlement

Division 2--Common property

20. Body corporate to hold leasehold estate in common property as agent for lessees
20A. Common property to be dealt with only under this Act
20B. Record on leasehold building units plan where no common property
20C. Records on leasehold building units plan where there is common property
20D. Dealings with lots include leasehold estate in common property
21. Acquisition of additional common property
22. Transfer of lease of part of common property
23. Creation of easements

Division 3--Approval of local government

24. Approval of subdivision

Division 4--Leases of lots

24A. Provisions generally applicable to leases
24B. Dealings by lessees
24C. Powers of lessor where no current lease
24D. Further leases of lots and common property
24E. Expiry of leases of lots
24F. Restrictions on re-entry or forfeiture of lease of lot

Part 3--Variation or termination of leasehold building units plan

25. Variation of leasehold building units plan consequent upon damage to or destruction of building
25A. Notification to local government on extinguishment of plan
26. Termination of leasehold building units plan
26A. Interchangeability of notices
26B. Consequences of making an order under s 25 or 26

Part 4--Management

Division 1--Bodies corporate

27. Constitution of bodies corporate
28. Seal of body corporate
29. First annual general meeting of body corporate
29A. Meetings, other than first annual general meeting, of body corporate
29B. Audit of accounts of body corporate
30. By-laws
31. Copy of by-laws and management statement to be produced upon request
32. Levies by body corporate on lessees
33. Power of body corporate to carry out work
34. Body corporate's address
35. Agreement for payment to a lessee of consideration on transfer or lease of common property
36. Power of entry
37. Duties and powers of body corporate regarding property etc.
37A. Improvement etc. to common property by lessee of lot
38. Administrative fund and sinking fund
38A. Body corporate to determine contributions by lessees
38B. Levy by body corporate for contributions
38C. Borrowings by body corporate
38D. Duty of body corporate as to keeping records, convening meetings etc.
38E. Body corporate to implement its decisions
39. Roll
40. Supply of information, certificates and copies by body corporate
40A. Body corporate may require information as to subletting of lot
41. Exemption from certain provisions of Act

Division 2--Committees

42. Constitution of committees
43. Vacation of office of member of committee
44. Chairperson, secretary and treasurer of committee
45. Meetings of committees
46. Committee's decisions to be decisions of body corporate
47. Statutory restrictions on powers of committees
48. Restrictions imposed on committee by body corporate
48A. Protection of committee members from liability
48B. Schedule 4

Division 3--Original lessees

49. Duties of original lessee
49A. Interpretation of awareness in s 49(5)

Division 4--Body corporate managers

50. Body corporate manager
50A. Certain voting by proxy etc. restricted

Division 5--Lessees and other occupiers of lots

51. Duties of lessees and other occupiers of lots
51A. Illegal use of lot prohibited
52. Power for individuals to act for corporate lessees and mortgagees of lots
53. Notices to be given by lessees and mortgagees

Division 6--Insurance

54. Interpretation
55. Insurance on common property
55A. Insurance of buildings
55B. Insurance of buildings in stratum parcel
55C. Original lessee to pay for damage policy insurance in first year
56. Further insurance by body corporate
57. Insurance by lessee
57A. Insurance by proprietor in case of common walls on group title plan
58. Insurance of mortgaged lot
59. Rebuilding
60. Insurable interest of body corporate

Division 7--Rating and taxation

61. Interpretation
62. Valuation of parcel
63. Particulars of lot entitlements to be conclusive
64. Rating of lots
67. Local government may recover arrears of rates and charges upon conversion etc.

Part 5--Disputes

Division 1--Referee

69. Appointment of referee
70. Delegations of powers etc.

Division 2--Applications for orders

71. Referee may inspect certain records
72. Applications for orders to be made to referee
73. Procedure after referee receives application
74. Body corporate to display and give certain notices

Division 3--Orders by referee

75. Orders under this division
76. Interim orders
77. General powers of referee to make orders
78. Further powers of referee
79. Order with respect to certain consents affecting common property
80. Order with respect to acquisition of personal property
81. Order to acquire personal property
82. Order to make or pursue insurance claim
83. Order varying certain contributions
84. Order to supply information or documents
85. Order relating to animal kept contrary to by-laws
86. Order relating to animal kept under by-laws
87. Order confirming information for roll
88. Order revoking amendment of by-law or reviving repealed by-law
89. Order granting certain licence
90. Order invalidating purported by-law
91. Order for variation of contributions or manner of payment of contributions
92. Order where voting rights denied or due notice of item of business not given
93. Order with respect to insurance
94. Order appointing body corporate manager to exercise or perform certain powers etc.
94A. Order varying anniversary of first annual general meeting of body corporate
94B. Order revoking resolution dispensing with audit
94C. Order giving effect to motion, or variation of motion, as proposed
95. Copy of order to be served

Division 4--Tribunals

96. Appointment of tribunal
97. Tribunal may investigate as appropriate
98. General provisions in relation to orders on appeal
99. Representation before a tribunal
100. Adjournment of appeal
101. Continuity of hearing
102. Copy of order to be served
103. Witness may be summoned before tribunal
104. Tribunal may administer oath
105. Contempt of tribunal

Division 5--Appeals

106. Appeal against order of referee
107. Determination of appeal from order of referee
108. Appeal to Court on question of law
109. Appeal does not lie from tribunal except as provided in this division

Division 6--Miscellaneous

110. Refund of prescribed deposit
111. Effect of certain orders
112. Recording on plan of effect of certain orders
113. Penalty for contravention of certain orders
114. Protection of referee and tribunal
115. Enforcement of orders for payment of money
116. Time at which order takes effect
117. Inquiries
118. Referee or tribunal not to have jurisdiction where title to land in question

Part 6--General

119. Other rights and remedies not affected by this Act
120. Reservation of name
121. Body corporate is representative of lessees in proceedings
121A. Limited right of action by body corporate
122. Body corporate's power to take proceedings as agent for lessee in case of structural defects
123. Dividing fences
124. Costs in proceedings by lessees against body corporate
125. Apportionment of statutory charges
126. Notice of application for order under s 25 or 26
127. Service of documents on body corporate, lessees and others
128. Powers of entry by public authority or the council
129. Powers of entry of referee in certain cases
130. Voting rights
131. Voting rights of first mortgagees
132. Procedure upon application to Court
133. Offences
134. Regulations
1. Interpretation
2. Inspection of roll by original lessee
3. Notice and contents of meeting
4. Restrictions on submitting motions
5. Persons entitled to vote at meetings
6. Quorum
7. Motions out of order
8. Method of casting votes
9. Chairperson to preside
10. Chairperson to have available names of persons entitled to vote
11. Counting of votes on election of chairperson, secretary, treasurer and committee
12. Counting of votes
13. Chairperson's declaration of vote
14. Amendment or revocation of certain resolutions
15. Appointment of proxy
1. General meetings of body corporate
2. Persons entitled to vote at general meetings
3. Quorum
4. Motions out of order
5. Method of casting votes
6. Withdrawal of voting paper
7. Chairperson to preside
8. Scrutineers
9. Chairperson to have available names of persons entitled to vote
10. Counting of votes on election of chairperson, secretary, treasurer and committee
11. Counting of votes on motions
12. Chairperson's declaration of vote
13. Requisition for motion to be included on agenda for general meeting
14. Amendment or revocation of resolution
15. Duties of original lessee until officers elected
16. Meetings of body corporate before first annual general meeting
17. Appointment of proxy
1. Noise
2. Vehicles
3. Obstruction
4. Damage to lawns etc. on common property
5. Damage to common property
6. Behaviour of invitees
7. Depositing rubbish etc. on common property
8. Appearance of building
9. Storage of flammable liquids etc.
10. Garbage disposal
11. Keeping of animals
1. Committee's power to employ agents and employees
2. Noticeboard
3. Meetings and delegation of powers and duties
4. Meeting at request of members
5. Place of meeting
6. Notice of committee meetings
7. Voting in writing by members of a committee
8. Minute of certain resolutions to be included in committee's minutes
9. Acts etc. of committee valid despite vacancies
10. Powers and duties of secretary
11. Powers and duties of treasurer
1. Interpretation
2. Right of vehicular access
3. Right of personal access
4. Obligations relating to rights of access
5. Easements for services
6. Obligations relating to an easement for the provision of services
7. Sharing of costs of maintenance and repair
8. Ancillary rights and powers
SCHEDULE 5 COUNCIL LAND VESTED IN CORPORATION
SCHEDULE 6 PROVISIONS NOT TO APPLY AFTER DEVELOPMENT COMPLETION DATE
SCHEDULE 9
SCHEDULE 10
SCHEDULE 15 COMMERCIAL PRECINCT
Endnotes

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