Integrated Resort Development Act 1987 (Qld)

Integrated Resort Development Act 1987

An Act to provide for the approval of schemes of integrated resort development, to make provision to assist in the establishment, operation and management of approved integrated resort developments and for other purposes

Part 1    Preliminary

1   Short title

This Act may be cited as the Integrated Resort Development Act 1987.

2   Definitions

The dictionary in schedule 7 defines particular words used in this Act.

3   Minimum requirements for an approved scheme

(1)Subject to subsection (3), a scheme shall not be an approved scheme unless it provides for each of the following—

(a)a primary thoroughfare within the site on which there is to be a road;

(b)a secondary thoroughfare within the site on which there is to be a road;

(c)the division of the site into precincts specifying the name of the precincts, the intended development generally of each precinct and the permitted uses of the land within each precinct;

(d)a schedule specifying the maximum number of lots into which each residential precinct may be subdivided;

(e)a schedule specifying the voting entitlements and the method of calculating the voting entitlements of members of the primary thoroughfare body corporate;

(f)a schedule specifying the voting entitlements and the method of calculating the voting entitlements of members of the principal body corporate.

(2)Each of them the primary thoroughfare and the secondary thoroughfare may consist of more than 1 thoroughfare.

(3)An application for approval of a subsequent stage must provide for at least—

(a)the division of the site into precincts specifying the name of the precincts, the intended development generally of each precinct and the permitted uses of the land within each precinct; and

(b)a schedule specifying the voting entitlements and the method of calculating the voting entitlements of members of the primary thoroughfare body corporate.

3A   References to standard module

(1)In this Act, the information included in square brackets after a section heading is a reference to a similar section of the Body Corporate and Community Management (Standard Module) Regulation 2008.

(2)The brackets and information do not form part of this Act.

Part 2    Scheme of integrated resort development

Division 1 Approval of scheme

4   Application for approval of scheme

(1)An application for a scheme to be an approved scheme shall be made to the Minister in the prescribed manner.

(1A)However, on and from the commencement of the Body Corporate and Community Management Act 1997, no further applications for scheme approval may be made.

(1B)For subsection (1A), to remove any doubt, it is declared that an application under division 2 to amend an approved scheme by varying the boundaries of the site of the approved scheme is not an application for scheme approval.

(2)The applicant shall include with the application in respect of the scheme—

(a)the information and material specified in schedule 1, part A; and

(b)such of the information and material specified in schedule 1, part B as the Minister requires.

5   Minister to consider application

The Minister shall consider the application and—

(a)shall consult any department of the Government, local government or statutory authority; and

(b)may consult any person or body;

which or who, in the Minister’s opinion, is likely to be affected by the scheme.

6   Variation of application

(1)An applicant may, with the consent of the Minister, vary an application at any time prior to a decision being made upon the application by the Governor in Council.

(2)The Minister may, with the written consent of the applicant, vary an application at any time prior to a decision being made upon an application by the Governor in Council.

7   Decision on application

(1)The Governor in Council may—

(a)approve the scheme; or

(b)approve the scheme with modifications or subject to conditions; or

(c)refuse to approve the scheme.

(2)If the Governor in Council approves the scheme, the chief executive must—

(a)notify the approval of the scheme by a gazette notice that specifies—

(i)the modifications (if any) made by the approval and the conditions (if any) to which the approval is subject; and

(ii)the places where a copy of the approved scheme is available for inspection; and

(b)keep a copy of the approved scheme available for inspection at the office of the chief executive at Brisbane at all times during which the office is open for the transaction of public business; and

(c)note the approval on the plan of development; and

(d)send a copy of the approved scheme and the plan of development to the registrar of titles and the local government.

(3)The chief executive must, on payment by a person of the reasonable fee decided by the chief executive, give a copy of the approved scheme to the person.

8   Notation of approved scheme

The local government and the chief executive must each make an appropriate notation of the approved scheme on—

(a)relevant zoning maps; and

(b)any relevant regulatory maps; and

(c)any relevant development control plan maps.

Division 2 Amendment of approved scheme

9   Application for amendment of approved scheme

(1)An application for amendment of an approved scheme may be made to the Minister by the primary thoroughfare body corporate or, if that body has not been incorporated, by the applicant.

(2)To remove any doubt, it is declared that an application may be made under this division to amend an approved scheme by varying the boundaries of the site of the approved scheme.

10   Members to be notified of proposed amendment

(1)Before making the application, the primary thoroughfare body corporate must—

(a)give a written notice to each of the members of the primary thoroughfare body corporate and each of the members of the principal body corporate stating—

(i)the nature of the proposed amendment; and

(ii)a description of each lot to which the proposed amendment relates; and

(iii)that a member may give the primary thoroughfare body corporate written submissions about the proposed amendment within a stated period (the notification period) of at least 30 business days after the notice is given; and

(b)place, on the subject land, a notice stating—

(i)a brief summary of the nature of the proposed amendment and each lot to which the amendment relates; and

(ii)the notification period for giving written submissions about the proposed amendment; and

(iii)the name and contact details of a person authorised by the primary thoroughfare body corporate to give information about the proposed amendment.

(2)The notice under subsection (1)(b) must—

(a)be of a type, and placed on the subject land in the way required, under schedule 2; and

(b)remain on the subject land during the notification period.

11   Requirements for application

The application must include—

(a)a written statement confirming that—

(i)a written notice was given to the members under section 10(1)(a), including the days the notice was given; and

(ii)a notice was placed on the subject land under section 10(1)(b) and (2), including the period during which the notice was on the land; and

(b)a copy of the notice given under section 10(1)(a); and

(c)all written submissions given to the primary thoroughfare body corporate under section 10(1)(a)(iii); and

(d)other matters, if any, the Minister considers necessary for deciding the application.

12   Minister to consider application

(1)The Minister shall consider the application and any written comments included with the application and—

(a)shall consult any department of the Government, local government or statutory authority; and

(b)may consult any person or body;

which or who, in the Minister’s opinion, is likely to be affected by the amendment of the scheme.

(2)The Minister must give the Governor in Council—

(a)the application; and

(b)a written notice stating details of the consultation, if any, under subsection (1), including—

(i)who the Minister consulted; and

(ii)the results of the consultation.

13   Decision on application

(1)The Governor in Council may—

(a)approve the amendment; or

(b)approve the amendment with modifications or subject to conditions; or

(c)refuse to approve the amendment.

(2)If the Governor in Council approves the amendment, the chief executive must—

(a)notify the approval of the amendment by a gazette notice that specifies—

(i)the modifications (if any) made by the approval and the conditions (if any) to which the approval is subject; and

(ii)the places where a copy of the approved amendment is available for inspection; and

(b)keep a copy of the approved amendment available for inspection at the office of the chief executive at Brisbane at all times during which the office of the chief executive is open for the transaction of public business; and

(c)note the approval on any plan of development; and

(d)send a copy of the approved amendment and any plan of development each endorsed by the chief executive to the registrar of titles and the local government.

(3)The chief executive must, on payment by a person of the reasonable fee decided by the chief executive, give a copy of the amendment to the person.

(4)The registrar of titles must note the amendment on the plan of development.

13A   Minor variation of site boundaries

(1)This section applies to an application to amend an approved scheme by varying the boundaries of the site of the approved scheme.

(2)The Governor in Council may approve the amendment only if—

(a)the Governor in Council considers—

(i)the proposed variation of the site boundaries is of a minor nature; and

Example of a variation that may be of a minor nature—

a variation of part of a site boundary to realign it with a thoroughfare within the site

(ii)the total area of the site will not be materially changed because of the variation; and

(b)neither the aggregate number of the lots nor the aggregate voting entitlements under the approved scheme will be changed because of the variation; and

(c)each affected land owner has given the owner’s written consent to the variation.

(3)If the Governor in Council approves the amendment, section 8 applies to the local government and chief executive for making an appropriate notation of the approved scheme as amended as if the reference in that section to the approved scheme were a reference to the approved scheme as amended.

(4)In this section—

affected land owner means an owner of land that is outside the site and is proposed under the application to be within the site.

14   Minor variation of precinct boundaries

Where an application is made to the Minister pursuant to this division to amend an approved scheme by varying the boundaries of a precinct, the Governor in Council may approve the amendment if the Governor in Council considers the variation of the boundaries is of a minor nature notwithstanding that sections 10 to 12 have not been complied with.

Division 3 Effect of approval of scheme

15   Approved scheme regulates development etc. of site

(1)The approved scheme regulates the development and use of land within the site.

(2)The approved scheme modifies any planning scheme in force in relation to the site to the extent the planning scheme is inconsistent with the approved scheme.

(3)However, the approved scheme can not increase the uses permitted by the planning scheme.

(4)The provisions of the Planning Act about reconfiguring a lot do not apply to the site.

(6)Local laws made by a local government under any Act do not apply to the site so far as they are inconsistent with this Act or the approved scheme.

(7)Any land, building or structure may be used within a precinct without the consent of the local government for any of the purposes set out in the approved scheme as a permitted use in relation to the precinct.

(8)A person must not use land, or a building or other structure, within a precinct for a use that is not a use specified in the approved scheme as a permitted use in relation to the precinct.

Maximum penalty for subsection (8)—200 penalty units.

(9)In this section—

planning scheme means a planning scheme under the Planning Act.

16   Application of provisions of this Act

(1)Upon the approval of a scheme—

(a)the provisions of this Act other than part 6; and

(b)such other provisions of this Act as are specified in the approval of the scheme;

shall apply in respect of the scheme.

(2)The Governor in Council may vary provisions specified under subsection (1)(b).

(3)If the Governor in Council varies the provisions, the chief executive must notify the variation by gazette notice.

Division 4 Revocation of approval of scheme

17   Application for revocation

(1)The applicant may apply to the Minister for revocation of the approved scheme.

(2)The application may be made only if no plan of subdivision has been registered under this Act.

(3)However, the application may be made if all plans that have been registered have been extinguished under section 68.

(4)If all plans have been extinguished, the application for revocation must be made by all proprietors within the site.

(5)The Minister must consider the application and discuss it with the local government.

18   Revocation of approval

(1)The Governor in Council may—

(a)approve the revocation; or

(b)approve the revocation subject to conditions; or

(c)refuse to approve the revocation.

(2)If the Governor in Council approves the revocation, the chief executive must—

(a)notify the approval of revocation by a gazette notice that specifies—

(i)the conditions (if any) to which the approval is subject; and

(ii)the places where a copy of the approved revocation is available for inspection; and

(b)keep a copy of the approval available for inspection at the office of the chief executive at Brisbane at all times during which the office is open for the transaction of public business; and

(c)note the revocation on the plan of development; and

(d)send a copy of the approval to the registrar of titles and the local government.

(3)The chief executive must, on payment by a person of the reasonable fee decided by the chief executive, give a copy of the approval of the revocation to the person.

(4)The registrar of titles must note the revocation on the plan of development.

19   Notation of revocation

The local government and chief executive must each make an appropriate notation of the revocation of the approved scheme on—

(a)relevant zoning maps; and

(b)any relevant regulatory maps; and

(c)any relevant development control maps.

20   Effect of revocation

(1)On revocation of an approved scheme—

(a)the provisions of this Act that applied because of the approved scheme no longer apply; and

(b)the provisions of the Coastal Protection and Management Act 1995 or Planning Act prescribed for section 90 apply.

(2)Nothing in subsection (1) affects anything lawfully done before the revocation of the approved scheme.

Part 3    Staged integrated resort development

21   Future development area

(1)An application under part 2, division 1 may identify an area (the future development area) in relation to which—

(a)provisional approval is sought; and

(b)a subsequent application will be made under part 2, division 1.

(2)A future development area must contain freehold land or land intended to be freeholded.

(3)Except in relation to land intended to be freeholded, an application under part 2, division 1 must not include a future development area unless the future development area is in a zone that permits a use that is not inconsistent with the intended use of other land mentioned in the application.

(4)If an application under part 2, division 1 identifies a future development area the applicant must, in addition to providing the information and material required to be provided by part 2, division 1, provide such of the information and material set out in schedule 1, part A as relates to a future development area.

22   Decision on application

(1)An application for provisional approval in relation to a future development area is to be decided in the same way and at the same time as the application under part 2, division 1.

(2)Section 8 applies to a provisional approval as if it were the approval of a scheme.

23   Revocation of provisional approval

(1)An applicant may apply to have the provisional approval in relation to all or part of the future development area revoked.

(2)An application for revocation must not be made in relation to any part of the future development area that has been the subject of an application under section 26.

(3)Before making an application under this section, the applicant must give written notice of the application to—

(a)the primary thoroughfare body corporate; and

(b)the principal body corporate;

if these exist, inviting written comments from their members before a specified date (not less than 30 days from the giving of the notice).

(4)A written application is to be made to the Minister and must include—

(a)a copy of the written notice given under subsection (3); and

(b)any written comments received by the applicant from the primary thoroughfare body corporate or the principal body corporate; and

(c)other matters that the Minister considers necessary.

(5)The Minister is to consider the application and any written comments included with the application and—

(a)is to consult any department, local government or statutory authority; and

(b)may consult any person or body;

that, in the Minister’s opinion, is likely to be affected by the revocation.

23A   [Repealed]

24   Approval of revocation

(1)The Governor in Council may—

(a)approve the revocation; or

(b)approve the revocation with modifications or subject to specified conditions; or

(c)refuse to approve the revocation.

(2)If the Governor in Council approves the revocation, the chief executive must—

(a)notify the approval of the revocation by a gazette notice that specifies—

(i)the modifications (if any) made by the approval and the conditions (if any) to which the approval is subject; and

(ii)the places where a copy of the approved revocation is available for inspection; and

(b)keep a copy of the approval available for inspection at the office of the chief executive at Brisbane at all times during which the office is open for the transaction of public business; and

(c)note the revocation on the plan of development; and

(d)send a copy of the revocation to the registrar of titles and the local government.

(3)The chief executive must, on payment by a person of the reasonable fee decided by the chief executive, give a copy of the approval of the revocation to the person.

(4)The registrar of titles must note the revocation on the plan of development.

25   Notation of revocation of provisional approval

The local government and the chief executive must each make an appropriate notation of the revocation on—

(a)relevant zoning maps; and

(b)any relevant regulatory maps; and

(c)any relevant development control plan maps.

26   Application for subsequent stages

(1)A subsequent application may be made under part 2, division 1 in relation to all or only part of the future development area.

(2)The future development area (whether all or part) that is the subject of a subsequent application under part 2, division 1 is in this Act referred to as a subsequent stage.

(3)Subject to subsection (4), part 2, division 1 applies to an application for approval of a subsequent stage.

(4)The applicant must include with the application for approval of a subsequent stage—

(a)the information and material set out in clauses 1 to 12, 15, 16, 17, 18 and 21 of schedule 1, part A; and

(b)such of the information and material set out in schedule 1, part B as the Minister requires.

(5)An application under this section may only be made if all necessary amounts have been paid to, undertakings given to, or securities lodged with, the local government under an agreement entered into between the applicant and the local government.

(6)A person must not use construction works that have been undertaken in a future development area unless the works are situated in a subsequent stage that has been approved under part 2, division 1.

Maximum penalty—200 penalty units.

(7)Applications in relation to stages in a future development area may be made at any time and from time to time.

(8)For the purposes of this Act, an approval of an application made under this section is taken to be an approval of a scheme.

(9)For the purposes of part 5, the land in a subsequent stage is taken to be the site.

Part 4    The site

27   The site

(1)Subject to subsection (2), the site of an approved scheme consists of all land within the boundaries of the site set out in the approved scheme.

(2)If the approved scheme is amended under part 2, division 2 by varying the boundaries of the site, the site of the approved scheme consists of all land within the boundaries of the site set out in the approved scheme as amended.

(3)The site must consist only of freehold land and land intended to be freeholded.

(4)Despite any other Act or law, the site may include land mentioned in subsection (3) that is, or may become, inundated by water or subject to tidal influence.

(5)The boundaries of the site may enclose 2 or more parcels of land, but only to the extent that this is necessary because a road, railway, tramway or boundary watercourse that is not intended to be freeholded divides the parcels.

28   Grant of unallocated State land

(1)The power conferred by the Land Act 1994 on the Governor in Council to grant in fee simple any unallocated State land within Queensland includes, in relation to unallocated State land included or to be included as part of a scheme, power to grant the land in fee simple to an applicant, on payment of the amount that the Governor in Council determines, in priority to and to exclusion of all other persons.

(2)Subsection (1) applies despite the Land Act 1994.

(3)The power applies only to land—

(a)that is necessary to regularise the boundaries of the site and is required in relation to works to be carried out on the site; and

(b)that, following development of the site, is of a shape that can not reasonably be used otherwise than in relation to the site.

29   Site forms part of local government area

(1)If a part of the site is not within the area of any local government, the part forms part of the area of the local government to which application in relation to a scheme was made.

(2)Subsection (1) applies despite any other Act.

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

(1)After the approval of a scheme, the proprietor of land within the site shall lodge with the local government a plan or plans subdividing land within the site into—

(a)a lot or lots which comprises or together comprise the primary thoroughfare as provided for in the approved scheme; and

(b)lots which together comprise the balance of the land within the site.

(2)A plan of subdivision creating an initial lot within a residential precinct lodged with a local government shall be accompanied by a schedule setting out in respect of each lot the maximum number of lots into which the lot may, in accordance with the approved scheme, be subdivided.

(3)The applicant shall forward to the Minister a copy of each plan of subdivision (including, where appropriate, a copy of the schedule referred to in subsection (2)) lodged with a local government pursuant to this section.

31   Approval of local government

(1)A local government shall not approve a plan of subdivision lodged with it pursuant to section 30 unless it is satisfied that—

(a)each lot has access to a dedicated road outside the site directly or through the lot or lots that comprise the primary thoroughfare, on which there is, or is to be, a road; and

(b)in respect of land within a residential precinct, the aggregate of the maximum number of lots into which each lot within the precinct may be subdivided equals the number specified in respect of that precinct in the approved scheme.

(2)A local government shall not approve a plan of subdivision of land within the site unless—

(a)the plan includes the subdivision of the site into a lot or lots comprising the primary thoroughfare; or

(b)a plan of subdivision subdividing the site into a lot or lots comprising the primary thoroughfare has been approved by the local government.

(3)Upon compliance with the provisions of subsections (1) and (2), the local government may approve of the plan of subdivision and of the schedule accompanying the plan.

(4)The approval of a plan of subdivision and of the schedule by the local government shall be by endorsement of its approval on the plan of subdivision and the schedule.

(5)For the purposes of subsection (1)(a)—

(a)if the site is on an island and there is no dedicated road adjoining the site—an initial lot is taken to have access to a dedicated road if the lot or the primary thoroughfare on which there is, or is to be, a road adjoins the foreshore; or

(b)if the site is remote and there is no dedicated road adjoining the site—an initial lot is taken to have access to a dedicated road if the Minister has advised the local government that the Minister is satisfied that there is appropriate access to the site.

(6)If an initial lot is taken to have access to a dedicated road under subsection (5), a lot is also taken to have access to a dedicated road if created by the subdivision of—

(a)an initial lot; or

(b)a lot created by the subdivision of an initial lot.

(7)Subsection (6) has effect subject to the provisions of this Act that relate to access.

32   Registration of initial plan of subdivision

(1)The registrar of titles shall not register a plan of subdivision referred to in section 30 unless—

(a)where the plan of subdivision subdivides land in a residential precinct—it is accompanied by the schedule referred to in section 30; and

(b)the plan and the schedule (if any) have been endorsed with the approval of the local government.

(2)The registrar of titles shall not register a plan of subdivision of land within the site unless—

(a)the plan includes the subdivision of the site into a lot or lots comprising the primary thoroughfare; or

(b)a plan or plans of subdivision subdividing the site into a lot or lots comprising the primary thoroughfare has or have been registered by the registrar of titles.

(3)In determining whether a lot has access to a dedicated road, the registrar of titles is not obliged to make enquiries but may rely on the endorsement of the local government on the plan and the schedule under subsection (1).

33   Transfer of primary thoroughfare to primary thoroughfare body corporate

(1)Immediately upon the registration of a plan or plans of subdivision creating a lot or lots comprising the primary thoroughfare, the registered proprietor of any lot shown on the plan as primary thoroughfare shall lodge with the registrar of titles all documents necessary to transfer free of mortgage that lot or those lots to the primary thoroughfare body corporate.

(2)The primary thoroughfare body corporate shall not be required to make any payment or provide any consideration for such transfer.

(3)Nothing in this section shall operate to relieve the applicant of the applicant’s obligation to effect at the applicant’s expense the initial construction of the primary thoroughfare to a standard prescribed pursuant to section 89.

Subdivision B Subdivision of initial lots

34   Subdivision of initial lot

(1)The proprietor of an initial lot may subdivide it by a plan of subdivision into 2 or more initial lots.

(2)The plan of subdivision must—

(a)be lodged with the local government; and

(b)in the case of the subdivision of an initial lot that is not within a residential precinct—be accompanied by a schedule setting out the voting entitlement that is to apply to each initial lot created by the plan; and

(c)in the case of the subdivision of an initial lot that is within a residential precinct—be accompanied by a schedule setting out the maximum number of lots into which each initial lot created by the plan may be subdivided.

35   Approval of local government

A local government may approve a plan of subdivision that subdivides an initial lot only if it is satisfied that—

(a)in the case of an initial lot that is not within a residential precinct—the total voting entitlement that is to apply to the new initial lots equals the voting entitlement that applies to the initial lot being subdivided; and

(b)in the case of an initial lot that is within a residential precinct—the total of the maximum number of lots into which each initial lot may be subdivided, equals the maximum number of lots that applies to the initial lot being subdivided; and

(c)each new initial lot has access to a dedicated road outside the site directly or through the primary thoroughfare on which there is, or is to be, a road.

36   Registration of plan of subdivision of initial lot

(1)The registrar of titles may register a plan of subdivision that subdivides an initial lot only if—

(a)in the case of an initial lot that is not within a residential precinct—it is accompanied by a schedule setting out the voting entitlement that is to apply to each initial lot created by the plan; and

(b)in the case of an initial lot that is within a residential precinct—it is accompanied by a schedule setting out the maximum number of lots into which each initial lot created by the plan may be subdivided; and

(c)the plan and the schedule have been approved by the local government.

(2)In determining whether a lot has access to a dedicated road, the registrar of titles is not obliged to make inquiries but may rely on the local government’s approval of the plan.

37   Notice of subdivision to primary thoroughfare body corporate

On registration of a plan subdividing an initial lot that is not within a residential precinct, the proprietor of the new initial lots must give written notice to the primary thoroughfare body corporate of—

(a)the proprietor’s full name and address for service; and

(b)the date of registration of the plan; and

(c)the description of the initial lot subdivided; and

(d)the description of the new initial lots; and

(e)the voting entitlement that applies to each new initial lot.

38   Notice of subdivision to principal body corporate

On registration of a plan subdividing an initial lot that is within a residential precinct, the proprietor of the new initial lots must give written notice to the principal body corporate of—

(a)the proprietor’s full name and address for service; and

(b)the date of registration of the plan; and

(c)the description of the initial lot subdivided; and

(d)the description of the new initial lots; and

(e)the maximum number of lots into which each new initial lot may be subdivided.

Subdivision C Amalgamation of initial lots

39   Amalgamation of initial lots

(1)The proprietor of 2 or more initial lots within the same precinct may amalgamate the lots by a plan of amalgamation.

(2)The plan of amalgamation must—

(a)be lodged with the local government; and

(b)in the case of the amalgamation of initial lots that are not within a residential precinct—be accompanied by a schedule setting out the voting entitlement that is to apply to the new initial lot; and

(c)in the case of the amalgamation of initial lots that are within a residential precinct—be accompanied by a schedule setting out the maximum number of lots into which the new initial lot may be subdivided.

40   Approval of local government

A local government may approve a plan of amalgamation that amalgamates initial lots only if it is satisfied that—

(a)in the case of initial lots that are not within a residential precinct—the voting entitlement that is to apply to the new initial lot equals the total voting entitlement that applies to the initial lots being amalgamated; and

(b)in the case of initial lots that are within a residential precinct—the maximum number of lots into which the new initial lot may be subdivided equals the total of the maximum number of lots into which the initial lots being amalgamated could have been subdivided.

41   Registration of plan of amalgamation of initial lots

The registrar of titles may register a plan of amalgamation only if—

(a)in the case of the amalgamation of initial lots that are not within a residential precinct—it is accompanied by a schedule setting out the voting entitlement that is to apply to the new initial lot; and

(b)in the case of the amalgamation of initial lots that are within a residential precinct—it is accompanied by a schedule setting out the maximum number of lots into which the new initial lot may be subdivided; and

(c)the plan and schedule have been approved by the local government.

42   Notice of amalgamation to primary thoroughfare body corporate

On registration of a plan amalgamating initial lots that are not within a residential precinct, the proprietor of the new initial lot must give written notice to the primary thoroughfare body corporate of—

(a)the proprietor’s full name and address for service; and

(b)the date of registration of the plan; and

(c)the description of the initial lots amalgamated; and

(d)the description of the new initial lot; and

(e)the voting entitlement that applies to the new initial lot.

43   Notice of amalgamation to principal body corporate

On registration of a plan amalgamating initial lots that are within a residential precinct, the proprietor of the new initial lot must give written notice to the principal body corporate of—

(a)the proprietor’s full name and address for service; and

(b)the date of registration of the plan; and

(c)the description of the initial lots amalgamated; and

(d)the description of the new initial lot; and

(e)the maximum number of lots into which the new initial lot may be subdivided.

Subdivision D Subdivision of initial lots by building units or group titles plan

44   Subdivision by building units or group titles plan

(1)An initial lot that is not within a residential precinct may be subdivided by a building units or group titles plan.

(2)A building units or group titles plan must be lodged with the local government.

(3)A group titles plan must be accompanied by a statement by the proprietor of the initial lot—

(a)indicating whether or not it is proposed to subdivide any lot created by the group titles plan by the registration of a building units plan; and

(b)if it is proposed to do so—identifying the lot.

(4)If—

(a)a group titles plan creates lots; and

(b)at least 1 of the lots is proposed to be further subdivided by the registration of a building units plan;

the group titles plan must be accompanied by a schedule setting out, in relation to each lot proposed to be further subdivided, the maximum number of lots into which the lot may be subdivided.

(5)Each lot on a group titles plan must have access to a dedicated road whether directly or through—

(a)the primary thoroughfare on which there is, or is to be, a road; or

(b)the common property.

(6)A group titles plan must also be accompanied by a diagram showing the name and numbering, or proposed name and numbering, of each road that is, or is to be, on the primary thoroughfare, or the part of the primary thoroughfare, shown on the plan.

45   Approval of building units or group titles plan

(1)A local government may approve a group titles plan and schedule only if—

(a)the plan is accompanied by—

(i)the statement mentioned in section 44(3); and

(ii)if applicable—the schedule mentioned in section 44(4); and

(iii)the diagram mentioned in section 44(6); and

(b)it is satisfied that each lot created has the access mentioned in section 44(5).

(2)A local government may approve a building units plan that subdivides a group title lot only if it is satisfied that the group title lot has the access mentioned in section 44(5).

(3)If the schedule accompanying a group titles plan indicates that it is proposed to further subdivide any lot created, the local government must endorse that fact on the plan.

46   Registration of building units or group titles plan

(1)The registrar of titles may register a building units or a group titles plan only if the plan, and, if applicable, the schedule accompanying the plan, have been approved by the local government.

(2)In determining whether a lot has access to a dedicated road, the registrar of titles is not obliged to make inquiries but may rely on the local government’s approval of the plan.

47   Subdivision of group title lot by building units plan

(1)If the statement accompanying a group titles plan identifies a group title lot that is proposed to be subdivided by way of a building units plan, the building units plan may be—

(a)approved by the local government; and

(b)registered by the registrar of titles.

(2)Section 10(1A) of the Building Units and Group Titles Act 1980 does not apply to a subdivision by a building units plan mentioned in subsection (1).

(3)Despite the Building Units and Group Titles Act 1980, the registration of a building units plan under subsection (1) has effect as if the subdivision by the plan were a subdivision of the original group titles plan.

(4)If a building units plan subdivides a lot created by a group titles plan, a further body corporate is not created by registration of the building units plan.

(5)For the purposes of the Building Units and Group Titles Act 1980, the body corporate created by registration of the group titles plan is taken to be the body corporate created by the registration of the building units plan.

(6)Subsections (4) and (5) apply despite section 27 of the Building Units and Group Titles Act 1980.

48   Subdivision of group title lot by group titles plan

(1)Before a group title lot is subdivided by a building units plan, it may be subdivided by a group titles plan.

(2)Section 44(3) and (4) apply to the subdivision of a group title lot by a group titles plan as if it were the subdivision of an initial lot by a group titles plan.

(3)The number of lots created by the subdivision of the group title lot by a further group titles plan, and then by a building units plan, must not exceed the number of lots indicated on the schedule mentioned in section 44(4) in relation to the subdivision of the initial lot by the group titles plan.

(4)Sections 45 and 46 relating to approval by a local government and registration by the registrar of titles apply to a plan mentioned in this section.

49   Lot entitlement if group title lot to be subdivided by a building units plan

(1)If a group titles plan creates a lot that is to be subdivided by a building units plan, then, in specifying the lot entitlement of the lot, regard must be had to the maximum number of lots into which the lot may be subdivided by the building units plan.

(2)Section 19(2) and (3) of the Building Units and Group Titles Act 1980 does not apply to a group titles plan if a lot on the plan is to be subdivided by a building units plan.

50   Application of Building Units and Group Titles Act to subdivisions

(1)The following provisions of the Building Units and Group Titles Act 1980 do not apply to a subdivision under this division—

(a)section 10(1B);

(b)section 10(6)(b).

(2)For the purposes of section 9(7) of the Building Units and Group Titles Act 1980, a plan of subdivision is taken to comply with the requirements mentioned in the subsection in relation to the subdivision if the plan complies with those requirements as modified by this Act.

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

51   Plan of subdivision of initial lots

(1)A plan of subdivision subdividing an initial lot within a residential precinct shall be lodged with the local government.

(2)A plan of subdivision subdividing land in accordance with subsection (1) shall be accompanied by a schedule setting out in respect of each lot (other than a lot shown as secondary thoroughfare) the maximum number of lots into which the lot may, in accordance with the approved scheme, be subdivided.

(3)The person who lodges a plan of subdivision pursuant to subsection (1) shall forward a copy of the plan and of the schedule to the Minister and to the chief executive.

52   Approval by local government

(1)A local government shall not approve a plan of subdivision of an initial lot lodged with it pursuant to section 51 unless it is satisfied that—

(a)section 32 has been complied with; and

(b)each secondary lot has access to—

(i)a dedicated road outside the site; or

(ii)the primary thoroughfare, whether directly or through a lot or lots shown in the plan as constituting a secondary thoroughfare; and

(c)the aggregate of the maximum number of lots specified in the schedule accompanying the plan into which all the secondary lots thereby created may be subdivided does not exceed, and is not less than 85% of, the maximum number of lots into which the initial lot may be subdivided.

(2)Upon compliance with the provisions of subsection (1), the local government may approve of the plan of subdivision and of the schedule accompanying the plan.

(3)The approval of the plan of subdivision and of the schedule by the local government shall be by endorsement of its approval on the plan of subdivision and the schedule.

53   Registration of plan of subdivision of initial lot

(1)The registrar of titles shall not register a plan of subdivision referred to in section 51 unless it is accompanied by the schedule referred to in section 51 each of which has been endorsed with the approval of the local government.

(2)Notwithstanding any other Act, for the purposes of the registration of a plan of subdivision referred to in section 51, a lot shall be taken to have access to a dedicated road if that lot adjoins—

(a)a dedicated road; or

(b)the primary thoroughfare, on which there is, or is to be a road; or

(c)a secondary thoroughfare, on which there is, or is to be a road.

(3)In determining whether a lot has access to a dedicated road, the registrar of titles is not obliged to make enquiries but may rely on the endorsement of the local government on the plan and the schedule under subsection (1).

54   Transfer of lots comprising secondary thoroughfare to principal body corporate

(1)Immediately upon registration of a plan of subdivision subdividing an initial lot or part of an initial lot, the registered proprietor of any lot shown on the plan as a secondary thoroughfare shall lodge with the registrar of titles all documents necessary to transfer free of mortgage that lot to the principal body corporate.

(2)The principal body corporate shall not be required to make any payment or provide any consideration for such transfer.

(3)Nothing in this section shall operate to relieve the applicant of the applicant’s obligation to effect at the applicant’s expense the initial construction of the secondary thoroughfare to the standard prescribed pursuant to section 89.

55   Amalgamation of secondary lot

(1)The proprietor of 2 or more secondary lots within a residential precinct may amalgamate the lots by a plan of amalgamation.

(2)The plan of amalgamation must—

(a)be lodged with the local government; and

(b)be accompanied by a schedule setting out the maximum number of lots into which the new secondary lot may be subdivided.

56   Approval of local government

A local government may approve a plan of amalgamation that amalgamates secondary lots only if it is satisfied that the maximum number of lots into which the new secondary lot may be subdivided equals the total of the maximum number of lots into which the secondary lots being amalgamated could have been subdivided.

57   Registration of plan of amalgamation of secondary lots

The registrar of titles may register a plan of amalgamation only if—

(a)it is accompanied by a schedule setting out the maximum number of lots into which the new secondary lot may be subdivided; and

(b)the plan and schedule have been approved by the local government.

58   Notice of amalgamation to principal body corporate

On registration of a plan amalgamating secondary lots that are within a residential precinct, the proprietor of the new secondary lot must give written notice to the principal body corporate of—

(a)the proprietor’s full name and address for service; and

(b)the date of registration of the plan; and

(c)the description of the secondary lots amalgamated; and

(d)the description of the new secondary lot; and

(e)the maximum number of lots into which the new secondary lot may be subdivided.

59   Subdivision of secondary lots within residential precincts

(1)Except as provided by subsections (2) to (3D), a secondary lot within a residential precinct may only be subdivided by way of a building units plan or a group titles plan.

(2)For the purpose of the subsequent registration of a building units plan or a group titles plan over a lot thereby created, a secondary lot within a residential precinct may be subdivided by a plan of subdivision creating—

(a)1 or more secondary lots; or

(b)1 or more secondary lots and a lot or lots constituting a secondary thoroughfare.

(3)The provisions of this Act relating to the subdivision of initial lots and to the effect of such subdivision shall apply in respect of a subdivision pursuant to subsection (2) as if a secondary lot being subdivided were an initial lot.

(3A)However, the aggregate of the maximum numbers of lots stated in the schedule accompanying the plan of subdivision must be the same as the maximum number of lots into which the secondary lot may be subdivided.

(3B)The plan of subdivision may also include a lot or lots constituting a primary thoroughfare.

(3C)The local government must not approve a plan of subdivision mentioned in subsection (3B) unless the primary thoroughfare body corporate has given written consent to the creation of the primary thoroughfare.

(3D)Section 33 applies to the primary thoroughfare as if it had been created on a plan mentioned in the section.

(4)A plan of subdivision of a secondary lot within a residential precinct pursuant to subsection (1) shall be lodged with the local government.

(5)A group titled plan of subdivision lodged pursuant to subsection (4) shall be accompanied by a statement by or on behalf of the proprietor of the secondary lot whether or not it is proposed to subdivide any lot thereby created by the registration of that plan by the registration of a building units plan and, if so, identifying that lot.

(6)Where a group titles plan creates lots which it is proposed to further subdivide the plan shall be accompanied by a schedule setting out, in respect of each such lot, the maximum number of lots into which the lot may be subdivided.

(7)Each lot shown on a plan lodged pursuant to this section, other than on a building units plan, must have access to a dedicated road whether directly or through all or any of the following—

(a)the primary thoroughfare;

(b)a secondary thoroughfare;

(c)the common property shown on the plan.

(8)A group titles plan lodged under subsection (4) must also be accompanied by a diagram showing the name and numbering, or proposed name and numbering, of each road that is, or is to be, on—

(a)the primary thoroughfare, or part of the primary thoroughfare, shown on the plan; and

(b)each secondary thoroughfare, or part of a secondary thoroughfare, shown on the plan.

60   Notice of subdivision to principal body corporate

On registration of a plan subdividing a secondary lot that is within a residential precinct into secondary lots or secondary lots and secondary thoroughfare, the proprietor of the new secondary lots must give written notice to the principal body corporate of—

(a)the proprietor’s full name and address for service; and

(b)the date of registration of the plan; and

(c)the description of the secondary lot subdivided; and

(d)the description of the new secondary lots; and

(e)the maximum number of lots into which each new secondary lot may be subdivided.

61   Approval by local government

(1)A local government shall not approve a group titles plan lodged with it pursuant to section 59 unless—

(a)it is accompanied by the statement prescribed by section 59(5) and the diagram mentioned in section 59(8); and

(b)each lot thereby created has the prescribed access; and

(c)the aggregate of the lots thereby created that are not proposed to be subdivided and the number of lots specified in the schedule into which lots are proposed to be subdivided does not exceed the maximum number of lots into which the secondary lot may be subdivided.

(2)A local government shall not approve a building units plan lodged with it pursuant to section 59 unless—

(a)each lot thereby created has the prescribed access; and

(b)the aggregate of the lots thereby created does not exceed the maximum number of lots into which the secondary lot may be subdivided.

(3)Upon compliance with the provisions of subsections (1) and (2), the local government may approve of a building units plan or a group titles plan and, where a group titles plan was accompanied by a schedule referred to in section 59(6), that schedule.

(4)The approval of a building units plan or group titles plan and of the schedule (if any) by the local government shall be by endorsement of its approval on the building units plan or group titles plan and any schedule.

(5)Where the statement accompanying a group titles plan indicates that it is proposed to subdivide any lot thereby created, the local government shall endorse that fact on the plan.

62   Registration of building units plan or group titles plan over secondary lot

(1)The registrar of titles shall not register a building units plan or a group titles plan referred to in sections 59 and 61 unless the plan has been endorsed with the approval of the local government under its seal and, in the case of a group titles plan that has endorsed thereon the fact that it is proposed to subdivide a lot thereby created, unless it is accompanied by a schedule referred to in section 59(6) duly endorsed with the local government’s approval.

(2)Notwithstanding the provisions of any other Act, for the purposes of the registration of a building units plan or a group titles plan referred to in section 59 a lot shall be taken to have access to a dedicated road if that lot has the access prescribed in section 59(7).

63   Subdivision of group titles lot by way of building units plan

(1)Where a statement accompanying a group titles plan lodged with the local government pursuant to section 59 indicates that a lot thereby created is proposed to be subdivided by way of a building units plan, such a building units plan may be approved by the local government and may be registered by the registrar of titles and for that purpose section 10(1A) of the Building Units and Group Titles Act 1980 shall not apply.

(2)The registration of a building units plan pursuant to subsection (1) shall, notwithstanding the provisions of the Building Units and Group Titles Act 1980, take effect as if it were a resubdivision of the original group titles plan.

(3)Notwithstanding the provisions of section 27 of the Building Units and Group Titles Act 1980, where a secondary lot is subdivided by way of a group titles plan and a lot created by that group titles plan is subdivided by a building units plan pursuant to this section, the body corporate created by the registration of the group titles plan shall be deemed, for the purposes of applying the provisions of that Act, to be a body corporate created by the registration of a building units plan as if the group titles plan were a building units plan.

64   Subdivision of group title lot by way of a group titles plan

(1)Where a group titles plan lodged for the approval of the local government has been accompanied by a statement that it is proposed to subdivide a lot shown therein by the registration of a building units plan, the local government shall not approve a subsequent group titles plan subdividing that lot unless the plan is accompanied by a statement to the like effect.

(2)A subdivision of a group title lot by way of a group titles plan is a resubdivision of the original group titles plan within the meaning of section 10 of the Building Units and Group Titles Act 1980.

65   Application of Building Units and Group Titles Act to subdivisions

(1)The Building Units and Group Titles Act 1980, section 10(1B) and (6)(b), does not apply to a subdivision under this division.

(2)For the purposes of section 9(7) of the Building Units and Group Titles Act 1980, a plan of subdivision shall be taken to have complied with the requirements of the Local Government Act 1936 as modified by the Building Units and Group Titles Act 1980 in regard to the subdivision if the plan has complied with those requirements as modified by this Act.

66   Lot entitlements under Building Units and Group Titles Act 1980

(1)For the purposes of section 19(1) of the Building Units and Group Titles Act 1980, where a secondary lot in a residential precinct is subdivided by way of a group titles plan or a building units plan, the aggregate lot entitlement of the lots thereby created shall equal the maximum number of lots specified in respect of that secondary lot in the schedule that accompanied the plan of subdivision whereby that secondary lot was created.

(2)The provisions of section 19(2) and (3) of the Building Units and Group Titles Act 1980 do not apply to any subdivision under this division.

Division 3 Dealing with land outside residential precincts

67   Primary thoroughfare deemed to be dedicated road

For the purposes of the subdivision of or other dealing with land within a precinct other than a residential precinct the primary thoroughfare, on which there is, or is to be a road, shall be deemed to be a dedicated road.

Division 4 Matters applying to subdivision generally

Subdivision A Extinguishment of plans

68   Extinguishment of plan

A plan registered under this Act may be extinguished—

(a)after unanimous resolution of the relevant body corporate; or

(b)if the Supreme Court makes an order extinguishing the plan.

69   Order of Supreme Court to extinguish plan

(1)An application to extinguish a plan may be made to the Supreme Court by—

(a)the relevant body corporate; or

(b)a proprietor of a lot; or

(c)a registered mortgagee of a lot.

(2)In considering an application to extinguish a plan, the Supreme Court must have regard to the rights and interests of the proprietors as a whole.

(3)Subsection (2) does not limit the matters to which the Supreme Court may have regard.

(4)If the Supreme Court makes an order extinguishing a plan, it must also order—

(a)that the relevant body corporate be wound up; and

(b)that the land comprised in the extinguished plan, and any property of the body corporate, be vested in the proprietors of the lots in the shares that the Supreme Court considers appropriate.

70   Registration

(1)If the Supreme Court makes an order under section 69, the registrar of titles must take the action necessary to give effect to the order on lodgement for registration of a request to register the order.

(2)If the relevant body corporate resolves to extinguish a plan, it must lodge with the registrar of titles—

(a)a request to extinguish the plan; and

(b)a copy of the unanimous resolution.

(3)A request under subsection (1) or (2) may be registered only if every registered interest in the land the subject of the plan has been discharged, surrendered, withdrawn or otherwise disposed of.

(4)On registration of a request under subsection (1) or (2)—

(a)the plan is extinguished; and

(b)the relevant body corporate is wound up; and

(c)the land comprised in the extinguished plan is vested—

(i)in the case of a building units plan—in the proprietors in shares proportional to the lot entitlements of the proprietors’ respective lots; or

(ii)in the case of a group titles plan or plans that create initial lots or secondary lots—in the proprietors in the shares agreed by the proprietors by unanimous resolution or in the shares ordered by the Supreme Court; and

(d)all property of the body corporate is vested in the proprietors in the same shares as the land comprised in the plan is vested under paragraph (c).

71   Notification of local government

The registrar of titles must notify the relevant local government on registration under section 70 of the request to extinguish the plan.

Subdivision B Boundary adjustment plans

72   Boundary adjustment plan

(1)The boundary of an initial lot or a secondary lot within the site of an approved scheme may be adjusted by a boundary adjustment plan if—

(a)the adjustment is minor and necessary to resolve a problem in relation to the management, development or subdivision of the site; and

(b)each proprietor, mortgagee and registered lessee of a lot the boundary of which is to be adjusted consents to the adjustment; and

(c)if the adjustment alters the boundary of primary thoroughfare or secondary thoroughfare—the adjustment is approved by the primary thoroughfare body corporate, or principal body corporate, by special resolution.

(2)A proprietor mentioned in subsection (1)(b) may lodge the boundary adjustment plan with the local government.

(3)The local government may approve a boundary adjustment plan only if it is satisfied that—

(a)the adjustment is minor and necessary to resolve a problem in relation to the management, development or subdivision of the site; and

(b)the consents mentioned in subsection (1)(b) have been given; and

(c)if applicable—the approval mentioned in subsection (1)(c) has been given.

(4)If the local government—

(a)refuses to approve a boundary adjustment plan; or

(b)fails to approve it within 40 days of receiving it;

the proprietor that lodged the plan may appeal to the Planning and Environment Court.

(5)An appeal is started by lodging a written notice of appeal with the registrar of the Planning and Environment Court.

(6)The notice of appeal must be in the approved form and succinctly state the grounds of the appeal.

(7)The Planning and Environment Court Act 2016, part 5 applies, with necessary changes, to the appeal as if the appeal were a Planning Act appeal under that Act.

73   Registration of boundary adjustment plan

(1)The registrar of titles may register a boundary adjustment plan only if the plan has been approved by the local government.

(2)The registrar of titles does not have to be satisfied of the matters mentioned in section 72(1) but may rely on the local government’s approval of the plan.

74   Effect of boundary adjustment plan

(1)A boundary adjustment plan registered under this subdivision does not affect the voting entitlement that applied to any lot before registration of the plan.

(2)A registered mortgage, lease or other registered interest in a lot adjusted by the registration of a boundary adjustment plan—

(a)is not affected by the registration of the plan; and

(b)is taken to relate to the adjusted lot.

Subdivision C Easements

75   Implied easements

(1)Unless an easement is created for a particular service, there is implied—

(a)as belonging to any lot or common property within the site—an easement for the passage or supply of the service through or by way of pipes, poles, wires, cables or ducts (to be laid down or erected or that are already existing) in or over the site to the extent to which the service is capable of being used in the enjoyment of the lots or common property; and

(b)as affecting any lot or common property within the site—an easement for the passage or supply of the service through or by way of pipes, poles, wires, cables or ducts (to be laid down or erected or that are already existing) in or over the site to the extent to which the service is capable of being used in the enjoyment of lots or common property.

(2)Subsection (1) does not affect easements belonging to and affecting lots in a plan created under the Building Units and Group Titles Act 1980.

(3)If a multiple occupancy building is situated on 2 or more group title lots, the proprietor of a lot on which there is situated a part of the building that is intended for separate occupation is entitled to the right conferred by subsection (4).

(4)In relation to any roofs, eaves, gutters, downpipes or foundations (the building parts) situated (wholly or partly) over, on or under any adjoining lot, the proprietor is entitled to any shelter, drainage or support capable of being provided by the building parts in relation to the proprietor’s lot.

(5)The right created by subsection (4) is an easement to which the adjoining lot is subject.

(6)The easement entitles the proprietor of the dominant tenement to enter the servient tenement and to maintain or replace any of the building parts.

(7)If a building is on the boundary of a lot or so close to the boundary of a lot that maintenance or replacement in relation to the building is not able to be carried out without entering an adjoining lot, the proprietor of the lot on which the building is situated is entitled to enter the adjoining lot to carry out the maintenance or replacement.

(8)The right created by subsection (7) is an easement to which the adjoining lot is subject.

(9)The easement entitles the proprietor of the dominant tenement—

(a)to enter the servient tenement; and

(b)to maintain or replace any part of the proprietor’s building.

(10)An easement under this section must not be exercised by a proprietor in a way that unreasonably prevents another proprietor from enjoying the use and occupation of the other proprietor’s lot or the common property.

(11)If an easement under this section entitles a proprietor to enter an adjoining lot to effect maintenance or replacement work, the proprietor must give reasonable notice to the proprietor of the adjoining lot before entering to effect the work.

(12)Subsection (11) does not apply if the work to be carried out is urgent.

76   Ancillary rights

All ancillary rights and obligations that are necessary and reasonable to make an easement under this subdivision effective are conferred by this section.

77   Creation of easements by special resolution

A primary thoroughfare body corporate or principal body corporate may by special resolution—

(a)execute a grant of easement; or

(b)accept a grant of easement; or

(c)surrender a grant of easement; or

(d)accept the surrender of a grant of easement.

Subdivision D Sequential plans

78   Approval of sequential plans by local government

(1)If a number of plans are lodged with a local government at the same time, the local government may approve the plans if it is satisfied that access and other matters of which it must be satisfied will be effected if the plans are registered in the appropriate order.

(2)In approving the plans the local government must give a certificate that specifies the number of plans approved by it and the date of approval of the plans.

(3)In subsection (1)—

plan includes a plan creating initial lots or secondary lots and a group titles and a building units plan.

79   Registration of sequential plans by registrar of titles

The registrar of titles may register the plans in the appropriate order only if the plans—

(a)are accompanied by the certificate mentioned in section 78(2); and

(b)have been approved by the local government.

Subdivision E Replacement schedules accompanying particular plans of subdivision

79A   Application of sdiv E

This subdivision applies to a schedule stating the maximum number of lots into which a lot may be subdivided if the schedule accompanies a registered plan of subdivision creating an initial lot or secondary lot in a residential precinct.

79B   Application to replace schedule

The proprietor of the initial lot or secondary lot may apply to the local government for approval to replace the schedule with another schedule (the replacement schedule) that changes the number of lots into which the initial lot or secondary lot may be subdivided.

79C   Approval of replacement schedule

(1)The local government may approve the replacement schedule only if—

(a)each proprietor and mortgagee of a lot for which the maximum number of lots is to be changed has given written consent to the change; and

(b)because of the change, the aggregate number of residential lots into which the residential precincts may be subdivided is the same; and

(c)an amendment of the scheme for the replacement schedule has been approved by the Governor in Council under section 13 after the commencement of this section; and

(d)the replacement schedule is consistent with the scheme as amended.

(2)If, for complying with subsection (1)(b) and (c), more than 1 replacement schedule needs to be given to the local government, the replacement schedules must be given to the local government at the same time.

(3)The local government must approve the replacement schedule by endorsing its approval on the replacement schedule.

79D   Recording of replacement schedule

(1)The registrar of titles must not record the replacement schedule unless the local government has approved it.

(2)The registrar of titles does not have to be satisfied about the matters mentioned in section 79C(1) but may rely on the local government’s approval of the replacement schedule.

Part 6    Land subject to tidal influence

80   Estate or interest in submerged land continues

Where, as provided for in an approved scheme, land becomes inundated by water or subject to tidal influence, any estate or interest held in that land before the land became so inundated or subject is not affected by the inundation or becoming subject to tidal influence.

81   Subdivision of land

(1)A parcel of land within the site that—

(a)includes land that is submerged or subject to tidal influence and to which section 80 applies; and

(b)does not extend from the shore beyond the quay line, may be subdivided by way of a building units plan or a group titles plan.

(2)However, permanent above water access is provided from each lot on the plan of subdivision to the primary thoroughfare, on which there is, or is to be a road, or to a secondary thoroughfare, on which there is, or is to be a road, either directly or through common property of the parcel.

(3)For the purposes of subsection (2), above water access need not be access by road.

82   Construction of floating buildings and special buildings

The construction of a floating building or a special building within the site is not—

(a)the construction of a vessel, harbour works or other works of any kind; or

(b)the placing of a pile or any other structure;

in, on, over, through or across land that is submerged or subject to inundation or tidal influence.

83   Tidal waters within jurisdiction of authorities

If an area of the site becomes inundated with tidal water or subject to tidal influence, the banks and foreshores of the area are, to the extent that the area is beyond the quay line, taken to be within the jurisdiction of the authority that has jurisdiction over the adjacent banks and foreshores.

84   Obligation of authorities to maintain or undertake works

An authority having jurisdiction over banks and foreshores of tidal waters is obliged to maintain or undertake works (including dredging) in relation to land within the site of an approved scheme, or tidal waters above land within the site of an approved scheme, only to the extent (if any) that it agrees in writing to accept the obligation.

85   Movement of vessels on tidal waters

(1)The proprietor of land within the site of an approved scheme has the right to restrict, regulate or prohibit the use or movement of vessels on, over, through or beneath tidal waters above the land if the waters are not beyond the quay line.

(2)If the proprietor of land within the site permits the mooring of a vessel in waters above the land, the proprietor of other land within the site must not restrict or prohibit the movement of the vessel over the proprietor’s land that is beyond the quay line to—

(a)the mooring; or

(b)another place in relation to which permission to moor the vessel has been given; or

(c)tidal waters outside the site.

86   Application of laws relating to design and construction etc.

(1)Laws relating to the design and construction, and standard of construction or materials, of buildings and other structures apply to floating buildings and special buildings, so far as the law may be sensibly applied, as if floating buildings or special buildings were constructed on land.

(2)If the relevant joint committee established for the purposes of the Standard Sewerage Law or the Standard Water Supply Law considers that a standard determined under the Law can not sensibly be applied to a floating building, the committee may determine a different standard that is to apply having regard to the existing standard.

87   Statutory charges and valuation of land

For the purpose of—

(a)the assessment of rates, land tax and other statutory charges payable in relation to land; and

(b)determining the value of land under the Land Valuation Act 2010;

any land within the site of an approved scheme that is or may be inundated by water or subject to tidal influence is to be taken to be land that is not, and never has been, inundated by water or subject to tidal influence.

88   Modification of powers of authorities

(1)An authority having jurisdiction over the banks and foreshores of tidal waters within the site of an approved scheme may not grant—

(a)a lease in relation to a relevant area of the site; or

(b)a licence to use and occupy a relevant area of the site; or

(c)a permit to use and occupy a relevant area of the site.

(2)Subsection (1) has effect despite any other Act.

(3)In subsection (1)—

relevant area of a site means any foreshore, tidal lands or tidal waters within the site.

Part 7    Roads and canals on thoroughfares

89   Construction of roads

(1)Roads constructed on the primary thoroughfare or on the secondary thoroughfare shall be constructed to a design and standard approved by the local government at the time of construction.

(2)However, the Minister may direct that the local government approve of the design and standard.

(3)All roads on the primary thoroughfare and all roads on the secondary thoroughfare shall initially be constructed by the applicant at the applicant’s cost in accordance with the requirements of the local government and to the satisfaction of that local government.

90   Construction of canals

(1)A canal may be constructed within the site of an approved scheme by the applicant at the applicant’s expense.

(2)A canal may be constructed only on—

(a)primary thoroughfare or secondary thoroughfare; or

(b)part of the site that will become primary thoroughfare or secondary thoroughfare.

(3)The Coastal Protection and Management Act 1995 and the Planning Act, other than the provisions of those Acts prescribed for this section, apply to the construction, operation and maintenance of a canal within the site.

(4)The registrar of titles may register instruments of title dealing with land in any plan of subdivision to which the Coastal Protection and Management Act 1995, chapter 2, part 6, division 4, subdivision 3, applies even though a transfer surrendering to the State all land defined in the plan as the land on which the canal is to be constructed has not been registered in the land registry.

91   Maintenance of roads and thoroughfares

(1)The primary thoroughfare body corporate shall be responsible for the maintenance and reconstruction (including construction on relocation) of roads within the primary thoroughfare and of any other improvements on the primary thoroughfare.

(2)The principal body corporate shall be responsible for the maintenance and reconstruction (including construction on relocation) of roads on the secondary thoroughfare and of any other improvements on the secondary thoroughfare.

92   Maintenance of canals

(1)The primary thoroughfare body corporate is responsible for—

(a)the dredging and other maintenance of canals on the primary thoroughfare; and

(b)the maintenance of improvements relating to the canals on the primary thoroughfare.

(2)The principal body corporate is responsible for—

(a)the dredging and other maintenance of canals on the secondary thoroughfare; and

(b)the maintenance of improvements relating to the canals on the secondary thoroughfare.

93   Additional works on primary thoroughfare

(1)At the request in writing of any member of the primary thoroughfare body corporate, the primary thoroughfare body corporate may undertake works on any part of the primary thoroughfare with a view to enhancing the amenity of land or the profitability of any business undertaking within the site.

(2)Works that restrict vehicular access that is available immediately prior to the commencement of the undertaking of the works, to any part of the site shall not be undertaken unless each proprietor of the land comprising that part consents in writing to that restriction.

(3)Works shall not be undertaken pursuant to this section unless—

(a)the local government approves those works; and

(b)all conditions of that approval (including conditions as to standards of construction) are complied with.

(4)However, the Minister may direct that the local government approve those works.

(5)The primary thoroughfare body corporate shall recover all costs of undertaking works pursuant to this section (including the costs incurred in obtaining the approval of the local government and any other approvals required by law) from the member or members of the primary thoroughfare body corporate at whose request the works were undertaken.

(6)Where 2 or more members of the primary thoroughfare body corporate are liable to pay the costs of undertaking works each shall pay an amount that bears to the total costs incurred the same proportion that the member’s voting entitlements attributable to the land the amenity of which is sought to be enhanced or on which the business undertaking sought to be enhanced is carried on bears to the aggregate of such voting entitlements of all persons liable to contribute towards those costs.

(7)The primary thoroughfare body corporate shall levy contributions in accordance with subsection (6) to recover the costs of undertaking the works and the provisions of section 109 with such modifications as may be necessary apply to and with respect to contributions levied under this subsection in the same way as those provisions apply to contributions levied under that section.

(8)Nothing in subsections (5) and (6) shall prevent the primary thoroughfare body corporate from requiring the persons specified in those subsections to pay to the primary thoroughfare body corporate the whole or part of the expected costs of the completed works before the works are commenced or completed.

(9)Any member of the primary thoroughfare body corporate who feels aggrieved by any levy imposed upon the member pursuant to this section may apply in writing to the Minister for a review of the levy.

(10)The Minister after considering all the relevant information shall determine that member’s liability and may adjust other members’ liability accordingly.

(11)The Minister’s decision may be expressed as an amount or as a proportion of the total amount payable for works.

94   Leasing of land comprising primary thoroughfare

No part of a primary thoroughfare may be leased without the prior approval of—

(a)the primary thoroughfare body corporate given by special resolution within the meaning of section 101; and

(b)the Minister.

95   Dedication of thoroughfare as road

(1)The primary thoroughfare body corporate, with the prior approval of—

(a)the principal body corporate determined by special resolution within the meaning of section 138; and

(b)75% of members of the primary thoroughfare body corporate who are members by reason of being proprietors of land within the site that is not within the residential precincts which members have voting rights at meetings of the primary thoroughfare body corporate that aggregate not less than 75% of the aggregate voting rights of those members; and

(c)the local government; and

(d)the Governor in Council;

and subject to any reasonable conditions that the local government imposes, may dedicate in accordance with the Land Act 1994 any part of the primary thoroughfare, that is a road, that adjoins a dedicated road to public use as a road.

(2)The local government may impose a condition pursuant to subsection (1) that the primary thoroughfare body corporate pay to the local government an amount of money fixed by the local government with a view to the cost of constructing or maintaining the road.

(3)A part of the primary thoroughfare that is dedicated to public use as a road pursuant to subsection (1) shall thereupon cease to be a part of the primary thoroughfare.

(4)The principal body corporate, with the prior approval of—

(a)the principal body corporate determined by special resolution within the meaning of section 138; and

(b)the local government; and

(c)the Governor in Council;

and subject to any reasonable conditions that the local government imposes, may dedicate in accordance with the Land Act 1994 any part of the secondary thoroughfare, that is a road, that adjoins a dedicated road to public use as a road.

(5)The local government may impose a condition pursuant to subsection (4) that the principal body corporate pay to the local government an amount of money fixed by the local government with a view to the cost of constructing or maintaining the road.

(6)A part of a secondary thoroughfare that is dedicated to public use as a road pursuant to subsection (4) shall thereupon cease to be part of that secondary thoroughfare.

96   Surrender of canal to the State

(1)The primary thoroughfare body corporate, with the prior approval of—

(a)the principal body corporate determined by special resolution within the meaning given by section 138; and

(b)75% of members of the primary thoroughfare body corporate who—

(i)are members because they are proprietors of land within the site, that is not within the residential precincts; and

(ii)have voting rights at meetings of the primary thoroughfare body corporate that aggregate not less than 75% of the aggregate voting rights of those members of the primary thoroughfare body corporate; and

(c)the local government; and

(d)the Governor in Council;

and subject to any reasonable conditions that the local government imposes, may execute a transfer surrendering to the State land on which a canal is constructed.

(2)The local government may impose a condition under subsection (1) that the primary thoroughfare body corporate pay to the local government an amount fixed by the local government for the preservation and maintenance of the canal.

(3)A part of the primary thoroughfare that is surrendered to the State under this section ceases to be a part of the primary thoroughfare on its surrender.

(4)The principal body corporate, with the prior approval of—

(a)the principal body corporate determined by special resolution within the meaning given by section 138; and

(b)the local government; and

(c)the Governor in Council;

and subject to any reasonable conditions that the local government imposes, may execute a transfer surrendering to the State land on which a canal is constructed.

(5)The local government may impose a condition under subsection (4) that the principal body corporate pay to the local government an amount fixed by the local government for the preservation and maintenance of the canal.

(6)A part of a secondary thoroughfare that is surrendered to the State under this section ceases to be part of the secondary thoroughfare on its surrender.

(7)If land on which a canal is constructed is surrendered, the provisions of the Coastal Protection and Management Act 1995 or Planning Act prescribed for section 90 apply.

97   Thoroughfares are roads under certain Acts

(1)For the purposes of the Motor Accident Insurance Act 1994, the roads on the primary thoroughfare and the roads on the secondary thoroughfare shall be roads.

(2)For the purposes of the Transport Operations (Road Use Management) Act 1995 (other than part 6) the roads on the primary thoroughfare and the roads on the secondary thoroughfare shall be roads within the meaning of that Act.

98   Powers etc. of inspectors and others on thoroughfares

(1)Notwithstanding any other provision of this Act or of any by-law or other decision made by the primary thoroughfare body corporate or the principal body corporate, any inspector or officer employed by the State or a statutory body (including the local government) or any other person authorised by a statutory body may enter and be upon any part of the primary thoroughfare or the secondary thoroughfare for the purpose of exercising the powers or authorities or performing the functions or duties as such inspector, officer or other person.

(2)In respect of the primary thoroughfare and the secondary thoroughfare, the inspector, officer or other person, in addition to any powers, authorities, functions and duties vested in him or her by or under this or any other Act or law, shall have such powers, authorities, functions and duties that he or she would have under any Act or law if the primary thoroughfare and the secondary thoroughfare was a public place.

(2)A nomination must be made by written notice and—

(a)if the nomination is from a member of the body corporate who is an individual nominating himself or herself—must be signed and dated by the member; or

(b)if the nomination is from a member of the body corporate other than a member to whom paragraph (a) applies—

(i)must be signed and dated by the nominated person; and

(ii)must be countersigned by the appropriate authorising person.

(3)A nomination must contain each of the following details—

(a)the family name and either the first given name or other name or abbreviation by which the nominated person (the candidate) is generally known;

(b)the position or positions the candidate is nominated for;

(c)the eligibility category for the candidate;

(d)if the candidate is not a member of the body corporate or a person appointed by a subsidiary body corporate under section 103 or 140—

(i)the candidate’s residential or business address; and

(ii)the name of the member who nominated the candidate;

(e)details of any payment to be made to, or to be sought by, the candidate from the body corporate for the candidate carrying out the duties of a member of the executive committee.

Example of a payment—

payment of the candidate’s expenses for travelling to executive committee meetings

(4)In this section—

appropriate authorising person, for a nomination from a member of the body corporate, means—

(a)if the member is an individual—the member; or

(b)if the member is a subsidiary body corporate—the person appointed by the member under section 103 or 140; or

(c)if the member is a corporation other than a subsidiary body corporate—a director, secretary or other nominee of the corporation.

5   Conduct of elections for executive committee by secret ballot [SM, s 21]

(1)This section states how a secret ballot under this schedule must be held.

(2)After nominations close, the secretary must prepare ballot papers for each of the following for which a ballot is required—

(a)chairperson;

(b)secretary;

(c)treasurer;

(d)the ordinary members of the executive committee.

(3)Each ballot must be conducted separately.

(4)However, the separate ballots mentioned in subsection (3) may, but need not, appear on the one document.

(5)For each ballot, the secretary must, if satisfied the nominations comply with this schedule, state the names of the properly nominated candidates in alphabetical order of family name, showing—

(a)after each name, a blank space for voting purposes; and

(b)the eligibility category for each candidate; and

(c)if a candidate is not a member of the body corporate or a person appointed by a subsidiary body corporate under section 103 or 140—

(i)the candidate’s residential or business address; and

(ii)the name of the member who nominated the candidate; and

(d)details of any payment to be made to, or to be sought by, a candidate from the body corporate for the candidate carrying out the duties of an executive committee member.

(6)The secretary must forward, with the notices for the annual general meeting—

(a)the ballot papers; and

(b)an envelope marked ‘ballot paper’; and

(c)either of the following—

(i)a separate particulars envelope;

(ii)a particulars tab that forms part of the ballot paper envelope but that a person may detach without unsealing or otherwise opening the ballot paper envelope.

(7)To vote, a person must—

(a)for a ballot for the position of chairperson, secretary or treasurer—place a mark in the space opposite the name of the candidate the person wishes to vote for; and

(b)for a ballot for the ordinary members’ positions—place a mark in each of the spaces opposite the names of however many candidates the person wishes to vote for; and

(c)place the ballot paper in the ballot paper envelope supplied by the secretary and seal it; and

(d)if a separate particulars envelope is supplied—place the sealed ballot paper envelope in the separate envelope and seal it; and

(e)complete the separate particulars envelope or particulars tab by signing and dating the envelope or tab, and inserting the following information on the envelope or tab—

(i)the name of the member for whom the vote is exercised;

(ii)the name of the person having the right to vote for the member;

(iii)the basis for the person’s right to vote; and

(f)give the completed particulars envelope with the ballot paper envelope enclosed, or the ballot paper envelope with the completed particulars tab attached, to the secretary, or forward the envelope to the secretary so that the secretary receives it, before or at the annual general meeting.

(8)When a ballot is held—

(a)a voter who has not submitted a vote for the ballot may ask the secretary for a ballot paper, ballot paper envelope and particulars envelope or tab, and vote in the way this section provides; and

(b)a voter who wishes to withdraw a vote already made for the ballot and submit a replacement vote, may, if the particulars envelope, or the ballot paper envelope with particulars tab attached, for the vote already made can be readily identified and withdrawn, ask the secretary for a ballot paper, ballot paper envelope and particulars envelope or tab, and vote in the way this section provides.

(9)All completed ballot papers received before the annual general meeting ends are to be held in the custody of the secretary.

6   Conduct of elections for executive committee by open ballot [SM, s 22]

(1)This section states how an open ballot under this schedule must be held.

(2)After nominations close, the secretary must prepare ballot papers for each of the following for which a ballot is required—

(a)chairperson;

(b)secretary;

(c)treasurer;

(d)the ordinary members of the executive committee.

(3)Each ballot must be conducted separately.

(4)However, the separate ballots may, but need not, appear on the one document.

(5)For each ballot, the secretary must, if satisfied the nominations comply with section 4, list the names of the properly nominated candidates in alphabetical order of family name, showing—

(a)after each name, a blank space for voting purposes; and

(b)the eligibility category for each candidate; and

(c)if the candidate is not a member of the body corporate or a person appointed by a subsidiary body corporate under section 103 or 140—

(i)the candidate’s residential or business address; and

(ii)the name of the member who nominated the candidate; and

(d)details of any payment to be made to, or to be sought by, the candidate from the body corporate for the candidate carrying out the duties of an executive committee member.

(6)The secretary must forward the ballot papers, and an envelope marked ‘ballot paper’ self-addressed to the secretary, with the notices for the annual general meeting.

(7)To vote, a person must—

(a)for a ballot for the position of chairperson, secretary or treasurer—place a mark in the space opposite the name of the candidate the person wishes to vote for; and

(b)for a ballot for the ordinary members’ positions—place a mark in each of the spaces opposite the names of however many candidates the person wishes to vote for; and

(c)sign each ballot paper the voter completes; and

(d)on each completed ballot paper, write the name of the member for whom the vote is exercised; and

(e)if the ballot paper is not completed at the annual general meeting—

(i)place the ballot paper in the ballot paper envelope supplied by the secretary; and

(ii)seal the envelope, and write on the back of the envelope the name mentioned in paragraph (d); and

(iii)give the ballot paper envelope to the secretary, or forward it to the secretary so that the secretary receives it, before or at the annual general meeting; and

(f)if the ballot paper is completed at the annual general meeting—give the ballot paper to the secretary before or at the meeting.

(8)When a ballot is held—

(a)a voter who has not submitted a vote for the ballot may ask the secretary for a ballot paper, and vote in the way this section provides; and

(b)a voter who wishes to withdraw a vote already made for the ballot and submit a replacement vote, may, if the vote already made can be readily identified and withdrawn, ask the secretary for a ballot paper and vote in the way this section provides.

(9)All completed ballot papers received before the annual general meeting ends are to be held in the custody of the secretary.

7   Election of ordinary members of executive committee [SM, s 23]

(1)A person nominated as an ordinary member of the executive committee becomes an ordinary member of the committee under section 11 on the basis of the nomination unless it is necessary to have a ballot.

(2)It is necessary to have a ballot for ordinary members of the executive committee if the number of persons nominated for ordinary member positions (other than a person who becomes an executive member of the executive committee), plus the number of executive members of the executive committee, is more than the required number of members for the executive committee.

8   Conduct of ballot—general requirements [SM, s 24]

(1)Any items of business about the election of members of the executive committee that are on the agenda for an annual general meeting must be conducted as the last items of business for the meeting.

(2)The election of members takes effect immediately after the close of the meeting at which they are elected.

(3)The ballots for the positions on the executive committee for which ballots are required must be conducted in the following order—

•chairperson

•secretary

•treasurer

•ordinary members.

(4)Each ballot may proceed to the count only after the person chairing the meeting has allowed enough time for votes to be cast and announced the close of the ballot.

(5)Each candidate for a ballot, and any scrutineer appointed by the candidate, may watch the count.

(6)The secretary must pass any ballot papers, particulars envelopes and ballot paper envelopes for the ballot to the person chairing the meeting for counting.

9   Conduct of ballot—scrutiny of votes [SM, s 25]

(1)If a ballot for positions on the executive committee is an open ballot, the person chairing the meeting must—

(a)confirm, by a scrutiny of the details on the back of each ballot paper envelope or each ballot paper itself, that the ballot paper is the vote of a person who has the right to vote in the election; and

(b)if a ballot paper is in a ballot paper envelope—take the ballot paper out of the envelope.

(2)If a ballot for positions on the executive committee is a secret ballot, the person chairing the meeting must—

(a)confirm, by a scrutiny of the details on each particulars envelope or particulars tab, that the ballot paper is the vote of a person who has the right to vote in the election; and

(b)take the ballot paper envelope out of the particulars envelope, or detach the particulars tab from the ballot paper envelope; and

(c)place the ballot paper envelope in a receptacle in open view of the meeting; and

(d)after paragraph (c) has been complied with for all ballot paper envelopes, randomly mix the envelopes; and

(e)take each ballot paper out of its envelope.

(3)The person chairing the meeting must record the count of votes in each ballot in the minutes of the meeting.

(4)The person chairing the meeting may delegate a function under subsection (1) or (2) in relation to a ballot for a position on the executive committee to a person attending the meeting who is not a candidate for the position and who the person chairing the meeting considers has sufficient independence.

10   Conduct of ballot—deciding executive member positions [SM, s 26]

(1)If only 1 person is nominated for the position of chairperson, secretary or treasurer, the person chairing the meeting, if satisfied the nomination complies with this schedule, must declare the person to have been elected unopposed.

(2)If, for the position of chairperson, secretary or treasurer, there has been no nomination, the person chairing the meeting—

(a)must invite nominations for the position at the meeting; and

(b)must accept nominations that are made in either of the following ways—

(i)by members of the body corporate who are personally present or represented at the meeting;

(ii)in writing, by members of the body corporate not personally present or represented at the meeting.

(3)A member of the body corporate may nominate, under subsection (2), not more than 1 person for the position.

(4)To remove any doubt, it is declared that the member may make the nomination whether or not the member made a nomination under section 3 for an ordinary member’s position on the executive committee.

(5)If more than 1 person has nominated for a position, a ballot is conducted, and the person who receives the highest number of votes is declared elected.

(6)If, on a counting of votes, 2 or more persons each receive an identical number of votes, and no other candidate receives a higher number of votes, the result must be decided between the 2 or more persons by chance in the way the meeting decides.

11   Conduct of ballot—deciding ordinary member positions [SM, s 27]

(1)The positions of the ordinary members of the executive committee are decided only after the executive member positions on the executive committee are filled.

(2)A person’s nomination for a position as an ordinary member has no effect if the person is elected as an executive member of the executive committee, even if the person’s name appears on a ballot for ordinary members forwarded before the meeting.

(3)If the number of candidates nominated for ordinary member positions, plus the number of executive members of the executive committee, is not more than the required number of members for the executive committee, the person chairing the meeting, if satisfied the nominations for the ordinary member positions comply with this schedule, must declare the candidates to have been elected as ordinary members.

(4)However, if the number of candidates nominated for ordinary member positions, plus the number of executive members of the executive committee, is less than the required number of members for the executive committee, the person chairing the meeting must invite nominations at the meeting for the number of ordinary member positions necessary to bring the total number of all executive committee members to not more than the required number of members for the executive committee.

(5)The person chairing the meeting—

(a)must invite nominations for the position or positions at the meeting; and

(b)must accept nominations that are made in either of the following ways—

(i)by members of the body corporate who are personally present or represented at the meeting;

(ii)in writing, by members of the body corporate not personally present or represented at the meeting.

(6)A member of the body corporate may nominate, under subsection (5), not more than 1 person for all ordinary member positions for which nominations are invited.

(7)To remove any doubt, it is declared that the member may make the nomination whether or not the member made a nomination under section 3 for a position on the executive committee.

(8)If the number of candidates nominated for ordinary member positions, plus the number of executive members of the executive committee, is more than the required number of members for the executive committee, the person chairing the meeting must proceed with the scrutiny of the ballot papers relating to the ordinary member positions.

(9)The persons who receive the highest numbers of votes, in descending order until the executive committee numbers the required number of members for the executive committee, must be declared elected as the ordinary members.

(10)If, on a counting of votes, 2 or more persons each receive an identical number of votes and the number of persons to be elected would be exceeded if the 2 or more persons were declared elected, the result of the ballot must be decided between the 2 or more persons by chance in the way the meeting decides.

(11)For the counting of votes for positions of ordinary members of the executive committee on ballot papers completed before the annual general meeting, a mark against the name of each person who has already been elected to an executive member position is void.

12   Conduct of ballot—declaration of voting results [SM, s 28]

(1)The person chairing an annual general meeting must declare the result of an election.

(2)When declaring the result of an election, the person chairing the meeting must state the number of votes cast for each candidate.

(3)The number of votes cast for each candidate must be recorded in the minutes of the meeting.

(4)The voting tally sheet kept for the meeting must include, for each ballot that is an open ballot under section 6—

(a)a list of the votes, identified by the name of the member on whose behalf the votes were cast, rejected as informal; and

(b)for each vote rejected—the reason for the rejection; and

(c)the total number of votes counted for each candidate.

(5)The voting tally sheet kept for the meeting must include, for each ballot that is a secret ballot under section 5—

(a)a list of the votes, identified by the name of the member on whose behalf the votes were cast, rejected from the count before the enclosing ballot paper envelopes were opened; and

(b)a list of the votes taken out of ballot paper envelopes for counting, but rejected as informal; and

(c)for each vote rejected—the reason for the rejection; and

(d)the total number of votes counted for each candidate.

(6)The voting tally sheet may be inspected at the meeting by any of the following persons—

(a)a person who is a voter for the meeting;

(b)a candidate;

(c)the returning officer, if any, appointed by the body corporate for the meeting;

(d)the person chairing the meeting;

(e)a scrutineer appointed by a candidate under section 8.

Schedule 4 Code of conduct for voting members of executive committees

sections 123A and 158A and schedule 7, definition code of conduct

1   Commitment to acquiring understanding of Act, including this code

A voting member of the executive committee of a primary thoroughfare body corporate or principal body corporate must have a commitment to acquiring an understanding of this Act, including this code of conduct, relevant to the member’s role on the executive committee.

2   Honesty, fairness and confidentiality

(1)The voting member must act honestly and fairly in performing the member’s functions as a voting member.

(2)The voting member must not unfairly or unreasonably disclose information held by the body corporate, including information about an owner of a lot, unless authorised or required by law to do so.

3   Acting in best interests of body corporate and persons with estate or interest in lots

Unless it is unlawful to do so, the voting member must, in performing the member’s functions as a voting member, act in the best interests of—

(a)the body corporate; and

(b)either—

(i)for a voting member of the executive committee of the primary thoroughfare body corporate—the proprietors and occupiers of, and other persons having an estate or interest in, the lots in the approved scheme; or

(ii)for a voting member of the executive committee of the principal body corporate—the proprietors and occupiers of, and other persons having an estate or interest in, the lots in the residential precincts in the approved scheme.

4   Complying with Act and this code

The voting member must take reasonable steps to ensure the member complies with this Act, including this code, in performing the member’s functions as a voting member.

5   Conflict of interest

The voting member must disclose to the executive committee any conflict of interest the member may have in a matter before the executive committee.

Schedule 5 Code of conduct for body corporate managers and caretaking service contractors

section 175H and schedule 7, definition code of conduct

1   Knowledge of Act, including code

A body corporate manager or caretaking service contractor appointed or engaged by the primary thoroughfare body corporate or principal body corporate must have a good working knowledge and understanding of this Act, including this code of conduct, relevant to the person’s functions.

2   Honesty, fairness and professionalism

(1)The body corporate manager or caretaking service contractor must act honestly, fairly and professionally in performing the person’s functions under the person’s appointment or engagement.

(2)The body corporate manager must not attempt to unfairly influence the outcome of an election for the executive committee of the body corporate.

3   Skill, care and diligence

The body corporate manager or caretaking service contractor must exercise reasonable skill, care and diligence in performing the person’s functions under the person’s appointment or engagement.

4   Acting in body corporate’s best interests

The body corporate manager or caretaking service contractor must act in the best interests of the body corporate unless it is unlawful to do so.

5   Keeping body corporate informed of developments

The body corporate manager or caretaking service contractor must keep the body corporate informed of any significant development or issue about an activity carried out for the body corporate.

6   Ensuring employees comply with Act and code

The body corporate manager or caretaking service contractor must take reasonable steps to ensure an employee of the person complies with this Act, including this code, in performing the person’s functions under the person’s appointment or engagement.

7   Fraudulent or misleading conduct

The body corporate manager or caretaking service contractor must not engage in fraudulent or misleading conduct in performing the person’s functions under the person’s appointment or engagement.

8   Unconscionable conduct

The body corporate manager or caretaking service contractor must not engage in unconscionable conduct in performing the person’s functions under the person’s appointment or engagement.

Examples of unconscionable conduct—

•taking unfair advantage of the person’s superior knowledge relative to the body corporate

•requiring the body corporate to comply with conditions that are unlawful or not reasonably necessary

•exerting undue influence on, or using unfair tactics against, the body corporate or the owner of a lot in the approved scheme

9   Conflict of duty or interest

The body corporate manager or caretaking service contractor for an approved scheme or part of an approved scheme must not accept an appointment or engagement (the second appointment or engagement) if doing so will place the person’s functions or interests for the approved scheme or part in conflict with the person’s functions or interests for obligations under the second appointment or engagement.

Example of a second appointment or engagement—

an appointment as the body corporate manager or an engagement as a caretaking service contractor for another approved scheme

10   Goods and services to be supplied at competitive prices

The body corporate manager or caretaking service contractor must take reasonable steps to ensure goods and services the person obtains for or supplies to the body corporate are obtained or supplied at competitive prices.

11   Body corporate manager to demonstrate keeping of particular records

If the body corporate or its executive committee gives the body corporate manager a written request to show that the manager has kept the body corporate records as required under this Act, the manager must comply with the request within the reasonable period stated in the request.

Schedule 6 Code of conduct for letting agents

section 175I and schedule 7, definition code of conduct

1   Honesty, fairness and professionalism

A letting agent for an approved scheme or part of an approved scheme must act honestly, fairly and professionally in conducting the letting agent’s business under the letting agent’s authorisation.

2   Skill, care and diligence

The letting agent must exercise reasonable skill, care and diligence in conducting the letting agent business under the letting agent’s authorisation.

3   Acting in body corporate’s and individual lot owner’s best interests

Unless it is unlawful to do so, the letting agent must, as far as practicable, act in the best interests of—

(a)the body corporate that has given the letting agent’s authorisation; and

(b)individual owners of lots in the approved scheme or part.

4   Ensuring employees comply with Act and code

The letting agent must take reasonable steps to ensure an employee of the letting agent complies with this Act, including this code, in conducting the letting agent business under the letting agent’s authorisation.

5   Fraudulent or misleading conduct

The letting agent must not engage in fraudulent or misleading conduct in conducting the letting agent business under the letting agent’s authorisation.

6   Unconscionable conduct

The letting agent must not engage in unconscionable conduct in conducting the letting agent business under the letting agent’s authorisation.

Examples of unconscionable conduct—

•taking unfair advantage of the person’s position as letting agent relative to the body corporate or the owner of a lot in the approved scheme

•exerting undue influence on, or using unfair tactics against, the body corporate or the owner of a lot in the approved scheme

7   Nuisance

The letting agent must not—

(a)cause a nuisance or hazard on the site; or

(b)interfere unreasonably with the use or enjoyment of a lot in the approved scheme; or

(c)interfere unreasonably with the use or enjoyment of the common property by a person who is lawfully on the common property; or

(d)otherwise behave in a way that unreasonably affects a person’s lawful use or enjoyment of a lot or common property.

8   Goods and services to be supplied at competitive prices

The letting agent must take reasonable steps to ensure goods and services the letting agent obtains for or supplies to the body corporate are obtained or supplied at competitive prices.

Schedule 7 Dictionary

section 2

access means access by road.

applicant means an applicant for approval of a scheme and includes the executors, administrators, successors and assigns of the applicant.

approved scheme means a scheme approved or as amended for the time being by the Governor in Council pursuant to this Act.

associate, of a person, means someone else with whom the person is associated under section 179D.

body corporate, for schedule 3, see schedule 3, section 1.

body corporate manager—

(a)of a primary thoroughfare body corporate—means a person appointed by the body corporate under section 130; or

(b)of a principal body corporate—means a person appointed by the body corporate under section 165.

building unit lot means a lot shown on a building units plan.

building units plan means a building units plan within the meaning of the Building Units and Group Titles Act 1980.

business precinct means a precinct, however described, identified in an approved scheme for the purposes of this Act as being a business precinct.

canal has the meaning given by the Coastal Protection and Management Act 1995, section 9.

candidate, for schedule 3, see schedule 3, section 1.

caretaking service contractor see section 175D.

chief executive means the chief executive of the department.

code contravention notice see section 175L(1).

code of conduct means—

(a)for a voting member of the executive committee of a primary thoroughfare body corporate or principal body corporate—the code in schedule 4; or

(b)for a body corporate manager or caretaking service contractor—the code in schedule 5; or

(c)for a letting agent—the code in schedule 6.

Commercial and Consumer Tribunal ...

development control by-laws in respect of an approved scheme, means the development control by-laws in force for the time being pursuant to section 176.

drainage includes drainage for the product of rain, storm, soakage, a spring or seepage.

eligibility category, for schedule 3, see schedule 3, section 1.

executive committee, for schedule 3, see schedule 3, section 1.

executive member, for schedule 3, see schedule 3, section 1.

financial year—

(a)for a primary thoroughfare body corporate, means a period in relation to which the body corporate is required under section 116(1)(f) to prepare a statement of accounts; or

(b)for a principal body corporate, means a period in relation to which the body corporate is required under section 151(1)(f) to prepare a statement of accounts.

financier, for a letting agent’s contract, see section 175E.

floating dwelling means a permanently moored floating dwelling constructed or to be constructed on a floatation system and which—

(a)is or is to be supported by waters; and

(b)is not intended for or usable in navigation.

future development area has the meaning given by section 21.

group title lot means a lot shown on a group titles plan.

group titles plan means a group titles plan within the meaning of the Building Units and Group Titles Act 1980.

initial lot means a lot shown on the initial plan of subdivision other than a lot that comprises the whole or part of the primary thoroughfare.

initial plan of subdivision means a plan of subdivision for the time being registered by the registrar of titles in accordance with section 32.

Integrated Planning Act ...

letting agent see section 175F(1).

letting agent authorisation see section 175D.

letting agent business see section 175F(2).

Local Authority ...

majority resolution, for a duly convened general meeting of a primary thoroughfare body corporate or principal body corporate, means a resolution on a motion—

(a)for which only 1 written vote may be exercised, other than by proxy, for each lot mentioned in the relevant body corporate roll; and

(b)that is passed only if the votes counted for the motion are more than 50% of the lots for which persons are entitled to vote on the motion.

management rights, of a letting agent for an approved scheme or part of an approved scheme, see section 175D.

Minister ...

nominee, for a member of a principal body corporate, see section 140(1).

ordinary member, for schedule 3, see schedule 3, section 1.

ordinary resolution, for a duly convened general meeting of a primary thoroughfare body corporate or principal body corporate, means a resolution that is passed by the members of the body corporate whose voting entitlements total more than 50% of the total of all voting entitlements recorded in the relevant body corporate roll.

original owner, of an initial or secondary lot that has been subdivided by a building unit or group titles plan, means the person who was the registered owner of the lot immediately before it was subdivided by the plan.

Planning Act means the Planning Act 2016.

precinct means a part of a site identified in an approved scheme as a precinct.

primary thoroughfare in respect of an approved scheme means the lot or lots that comprises or together comprise the primary thoroughfare as shown at the material time on the initial plan or plans of subdivision.

primary thoroughfare body corporate means a primary thoroughfare body corporate incorporated by the registration of the first initial plan of subdivision registered in respect of an approved scheme.

primary thoroughfare by-laws in respect of an approved scheme means the primary thoroughfare by-laws for the time being in force pursuant to section 178.

primary thoroughfare precinct means a precinct identified in an approved scheme for the purposes of this Act as being a primary thoroughfare precinct.

principal body corporate means a principal body corporate incorporated by the registration of the first initial plan of subdivision subdividing a residential precinct registered in respect of an approved scheme.

quay line means a line identified in an approved scheme as a quay line for the purposes of section 81.

relevant body corporate debt means a following amount owed by a person to a subsidiary body corporate—

(a)a contribution or instalment of a contribution;

(b)a penalty for not paying a contribution or instalment of a contribution by the date for payment;

(c)another amount associated with the ownership of a lot.

Examples of another amount—

•an annual payment for parking under an exclusive use by-law made by the subsidiary body corporate

•an amount owing to the subsidiary body corporate for lawn mowing services arranged by the subsidiary body corporate on behalf of the person

replacement schedule, for part 5, division 4, subdivision E, see section 79B.

residential precinct means a precinct, however described, identified in an approved scheme for the purposes of this Act as being a residential precinct.

reviewable terms, for a service contract, see section 175D.

review advice, about a service contract, see section 175D.

road means any way constituted to facilitate the traffic of vehicles usually passing on public roads.

scheme means a scheme of integrated resort development.

secondary lot means a lot (other than a lot constituting a secondary thoroughfare) shown on a plan of subdivision of an initial lot or of subdivision of a secondary lot but does not include a building unit lot or a group title lot.

secondary thoroughfare means the lot or lots that comprises or together comprise the secondary thoroughfare as shown on the plan or plans of subdivision subdividing lots within the residential precincts.

secondary thoroughfare by-laws means the secondary thoroughfare by-laws for the time being in force pursuant to section 179.

service means—

(a)a service for—

(i)water, sewage or drainage; or

(ii)gas, electricity or oil; or

(iii)air conditioning; or

(iv)garbage; or

(b)a service for television, telephone or another means of telecommunication; or

(c)another service prescribed by regulation.

service contract see section 175D.

service contractor, for an approved scheme or part of an approved scheme, see section 175G.

site in respect of an approved scheme, means the site as determined pursuant to section 27.

special dwelling means a dwelling constructed or designed to be constructed on land and the foundations of which extend from land above high water mark to land below high water mark.

special resolution—

(a)for a general meeting of a primary thoroughfare body corporate, see section 101; or

(b)for a general meeting of a principal body corporate, see section 138.

subject land, in relation to an application for amendment of an approved scheme under part 2, division 2, means each precinct, or other land within the site, to which the application relates.

subsequent stage means a subsequent stage mentioned in section 26.

subsidiary body corporate—

(a)of, or in relation to, a primary thoroughfare body corporate, means any of the following bodies corporate that are members of the primary thoroughfare body corporate—

(i)the principal body corporate;

(ii)a body corporate created by the registration of a building units plan or group titles plan; or

(b)of, or in relation to, a principal body corporate, means a body corporate created by the registration of a building units plan or group titles plan that is a member of the principal body corporate.

transfer notice, for part 8A, see section 175N(b)(ii).

voting member—

(a)of the executive committee of a primary thoroughfare body corporate—see section 123A(1); or

(b)of the executive committee of a principal body corporate—see section 158A(1).