Integrated Resort Development Amendment Act 1993 (Qld)

INTEGRATED RESORT DEVELOPMENT AMENDMENT ACT 1993

Queensland INTEGRATED RESORT DEVELOPMENT AMENDMENT ACT 1993 Act No. 46 of 1993

Queensland INTEGRATED RESORT DEVELOPMENT AMENDMENT ACT 1993 Section TABLE OF PROVISIONS Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 Amendment of s.3 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5 Replacement of s.9 (Decision upon application) . . . . . . . . . . . . . . . . . . . . . 9 9 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6 Replacement of s.10 (Copy of approved scheme to be sent to Registrar of Titles and Local Authority) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10 Notation of approved scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 7 Replacement of s.16 (Decision upon application) . . . . . . . . . . . . . . . . . . . . 10 16 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 8 Replacement of s.19 (Approved scheme regulates development etc. of site) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 19 Approved scheme regulates development etc. of site . . . . . . . . . . . . 11 9 Amendment of s.20 (Application of provisions of this Act) . . . . . . . . . . . . . 12 10 Replacement of ss.21–24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 21 Application for revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 22 Revocation of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 23 Notation of revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 24 Effect of revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 11 Amendment of s.24C (Revocation of provisional approval) . . . . . . . . . . . . 14 12 Insertion of new ss.24CA and 24CB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 24CA Approval of revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

2 Integrated Resort Development Amendment No. 46, 1993 24CB Notation of revocation of provisional approval . . . . . . . . . . . . . . . . . 15 13 Amendment of s.24D (Application for subsequent stages) . . . . . . . . . . . . . . 15 14 Replacement of ss.25–27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 25 The site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 26 Grant of Crown land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 27 Site forms part of local authority area . . . . . . . . . . . . . . . . . . . . . . . . 16 15 Insertion of new heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Subdivision A—Creation of initial lots and primary thoroughfare 16 Amendment of s.29 (Approval of Local Authority) . . . . . . . . . . . . . . . . . . . . 17 17 Amendment of s.30 (Registration of initial plan of subdivision) . . . . . . . . . 17 18 Insertion of new headings and ss.31A–31Q . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Subdivision B—Subdivision of initial lots 31A Subdivision of initial lot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 31B Approval of local authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 31C Registration of plan of subdivision of initial lot . . . . . . . . . . . . . . . . 19 31D Notice of subdivision to primary thoroughfare body corporate . . . . . 19 31E Notice of subdivision to principal body corporate . . . . . . . . . . . . . . . 20 Subdivision C—Amalgamation of initial lots 31F Amalgamation of initial lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 31G Approval of local authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 31H Registration of plan of amalgamation of initial lots . . . . . . . . . . . . . 21 31I Notice of amalgamation to primary thoroughfare body corporate . . 21 31J Notice of amalgamation to principal body corporate . . . . . . . . . . . . 21 Subdivision D—Subdivision of initial lots by building units or group titles plan 31K Subdivision by building units or group titles plan . . . . . . . . . . . . . . . 22 31L Approval of building units or group titles plan . . . . . . . . . . . . . . . . . 23 31M Registration of building units or group titles plan . . . . . . . . . . . . . . . 23 31N Subdivision of group title lot by building units plan . . . . . . . . . . . . . 23 31O Subdivision of group title lot by group titles plan . . . . . . . . . . . . . . . 24 31P Lot entitlement if group title lot to be subdivided by a building units plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

3 Integrated Resort Development Amendment No. 46, 1993 31Q Application of Building Units and Group Titles Act to subdivisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 19 Insertion of new ss.35A–35D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 35A Amalgamation of secondary lot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 35B Approval of local authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 35C Registration of plan of amalgamation of secondary lots . . . . . . . . . 26 35D Notice of amalgamation to principal body corporate . . . . . . . . . . . . 26 20 Insertion of new s.36A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 36A Notice of subdivision to principal body corporate . . . . . . . . . . . . . . . 26 21 Omission of ss.43–45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 22 Insertion of new Division 4 of Part 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Division 4—Matters applying to subdivision generally Subdivision A—Extinguishment of plans 46A Extinguishment of plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 46B Order of Supreme Court to extinguish plan . . . . . . . . . . . . . . . . . . . . 27 46C Registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 46D Notification of local authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Subdivision B—Boundary adjustment plans 46E Boundary adjustment plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 46F Registration of boundary adjustment plan . . . . . . . . . . . . . . . . . . . . . 30 46G Effect of boundary adjustment plan . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Subdivision C—Easements 46H Implied easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 46I Ancillary rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 46J Creation of easements by special resolution . . . . . . . . . . . . . . . . . . . 32 Subdivision D—Sequential plans 46K Approval of sequential plans by local authority . . . . . . . . . . . . . . . . 33 46L Registration of sequential plans by Registrar of Titles . . . . . . . . . . . 33 23 Replacement of ss.49–55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 49 Construction of floating buildings and special buildings . . . . . . . . . 33 50 Tidal waters within jurisdiction of authorities . . . . . . . . . . . . . . . . . . 34 51 Obligation of authorities to maintain or undertake works . . . . . . . . . 34 52 Movement of vessels on tidal waters . . . . . . . . . . . . . . . . . . . . . . . . . 34

4 Integrated Resort Development Amendment No. 46, 1993 53 Application of laws relating to design and construction etc. . . . . . . 35 54 Statutory charges and valuation of land . . . . . . . . . . . . . . . . . . . . . . . 35 55 Modification of powers of authorities . . . . . . . . . . . . . . . . . . . . . . . . . 35 24 Replacement of s.56A (Construction of canals) . . . . . . . . . . . . . . . . . . . . . . 36 56A Construction of canals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 25 Insertion of new s.57A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 57A Maintenance of canals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 26 Amendment of s.60A (Surrender of canal to the Crown) . . . . . . . . . . . . . . . 37 27 Amendment of s.70 (Meetings of primary thoroughfare body corporate) . . 37 28 Insertion of new s.70A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 70A Change of annual general meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 29 Amendment of s.74 (Power of entry) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 30 Insertion of new s.74A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 74A Maintenance of services within lots or common property . . . . . . . . 38 31 Amendment of s.75B (Community facilities on primary thoroughfare) . . . 40 32 Amendment of s.76 (Duties of primary thoroughfare body corporate) . . . . . 40 33 Amendment of s.78 (Notices to be given by proprietors) . . . . . . . . . . . . . . . 40 34 Amendment of s.86 (Chairman, secretary and treasurer of executive committee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 35 Replacement of s.93A (Effect of subdivision in subsequent stage) . . . . . . . 41 93A Effect of subdivision in subsequent stage . . . . . . . . . . . . . . . . . . . . . 41 36 Amendment of s.99 (Meetings of principal body corporate) . . . . . . . . . . . . 42 37 Insertion of new s.99A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 99A Change of annual general meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 38 Amendment of s.102 (Power of entry) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 39 Insertion of new ss.103A and 103B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 103A Leases to principal body corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 103B Community facilities on secondary thoroughfare . . . . . . . . . . . . . . . 43 40 Amendment of s.104 (Duties of principal body corporate) . . . . . . . . . . . . . . 44 41 Amendment of s.106 (Notices to be given by proprietors) . . . . . . . . . . . . . . 44 42 Amendment of s.114 (Chairman, secretary and treasurer of executive committee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

5 Integrated Resort Development Amendment No. 46, 1993 43 Replacement of Division 2A of Part 7 (Additional principal bodies corporate) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Division 3—Additional principal bodies corporate or increase in membership of existing principal body corporate 121A Effect of subdivision of residential precinct in subsequent stage . . 45 121B Procedure for increase in membership of existing principal body corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 121C Meeting of expanded principal body corporate . . . . . . . . . . . . . . . . . 46 121D Levies and funds of expanded principal body corporate . . . . . . . . . . 46 121E Application of Division 2 to expanded principal body corporate . . . 47 121F Application of Act to new principal body corporate . . . . . . . . . . . . . 47 121G Agreements with another principal body corporate . . . . . . . . . . . . . . 47 44 Replacement of s.128 (Proceedings for offences) . . . . . . . . . . . . . . . . . . . . . 47 127 Penalties paid to General Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 45 Replacement of s.131 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 128 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 129 Renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 50 MINOR AMENDMENTS

Queensland Integrated Resort Development Amendment Act 1993 Act No. 46 of 1993 An Act to amend the Integrated Resort Development Act 1987 [Assented to 30 September 1993]

8 Integrated Resort Development Amendment No. 46, 1993 The Parliament of Queensland enacts— ˙ Short title 1. This Act may be cited as the Integrated Resort Development Amendment Act 1993 . ˙ Commencement 2. This Act commences on a day to be fixed by proclamation. ˙ Amended Act 3. The Integrated Resort Development Act 1987 is amended as set out in this Act. ˙ Amendment of s.3 (Interpretation) 4. Section 3— insert— ‘ “chief executive” means the chief executive of the department; “drainage” includes drainage for the product of rain, storm, soakage, a spring or seepage; “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; ’.

9 Integrated Resort Development Amendment No. 46, 1993 ˙ Replacement of s.9 (Decision upon application) 5. Section 9— omit, insert— ˙ ‘Decision on application ‘9.(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 authority. ‘(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. ’. ˙ Replacement of s.10 (Copy of approved scheme to be sent to Registrar of Titles and Local Authority) 6. Section 10— omit, insert—

10 Integrated Resort Development Amendment No. 46, 1993 ˙ ‘Notation of approved scheme ‘10. The local authority 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. ’. ˙ Replacement of s.16 (Decision upon application) 7. Section 16— omit, insert— ˙ ‘Decision on application ‘16.(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

11 Integrated Resort Development Amendment No. 46, 1993 development each endorsed by the chief executive to the Registrar of Titles and the local authority. ‘(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. ’. ˙ Replacement of s.19 (Approved scheme regulates development etc. of site) 8. Section 19— omit, insert— ˙ ‘Approved scheme regulates development etc. of site ‘19.(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 cannot increase the uses permitted by the planning scheme. ‘(4) Part 5 (Subdivision applications) of the LocalGovernment(Planning and Environment) Act 1990 does not apply to the site. ‘(5) Subdivision of land by-laws made under the Local Government Act 1936 do not apply to the site. ‘(6) By-laws or ordinances made by a local authority 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 authority 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.

12 Integrated Resort Development Amendment No. 46, 1993 Maximum penalty for subsection (8)—200 penalty units. ’. ˙ Amendment of s.20 (Application of provisions of this Act) 9.(1) Section 20(1)(b)— omit ‘ Order in Council approving ’, insert ‘ approval of ’. (2) Section 20(2)— omit, insert— ‘(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. ’. ˙ Replacement of ss.21–24 10. Sections 21 to 24— omit, insert— ˙ ‘Application for revocation ‘21.(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 46A. ‘(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 authority. ˙ ‘Revocation of approval ‘22.(1) The Governor in Council may— (a) approve the revocation; or

13 Integrated Resort Development Amendment No. 46, 1993 (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 authority. ‘(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. ˙ ‘Notation of revocation ‘23. The local authority 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. ˙ ‘Effect of revocation ‘24.(1) On revocation of an approved scheme— (a) the provisions of this Act that applied because of the approved

14 Integrated Resort Development Amendment No. 46, 1993 scheme no longer apply; and (b) the provisions of the Canals Act 1958 prescribed for the purposes of section 56A again apply. ‘(2) Nothing in subsection (1) affects anything lawfully done before the revocation of the approved scheme. ’. ˙ Amendment of s.24C (Revocation of provisional approval) 11. Section 24C(6), (7) and (8)— omit . ˙ Insertion of new ss.24CA and 24CB 12. After section 24C— insert— ˙ ‘Approval of revocation ‘24CA.(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 if open for the transaction of public business; and

15 Integrated Resort Development Amendment No. 46, 1993 (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 authority. ‘(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. ˙ ‘Notation of revocation of provisional approval ‘24CB. The local authority 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. ’. ˙ Amendment of s.24D (Application for subsequent stages) 13. Section 24D(6)— omit, insert— ‘(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 Division 1 of Part 2. Maximum penalty—200 penalty units. ’. ˙ Replacement of ss.25–27 14. Sections 25 to 27— omit, insert— ˙ ‘The site ‘25.(1) The site of an approved scheme consists of all land within the boundaries of the site set out in the approved scheme.

16 Integrated Resort Development Amendment No. 46, 1993 ‘(2) The site must consist only of freehold land and land intended to be freeholded. ‘(3) Despite any other Act or law, the site may include land mentioned in subsection (2) that is, or may become, inundated by water or subject to tidal influence. ‘(4) 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. ˙ ‘Grant of Crown land ‘26.(1) The power conferred by the Land Act 1962 on the Governor in Council to grant in fee simple any Crown land within Queensland includes, in relation to Crown 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 1962 . ‘(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 cannot reasonably be used otherwise than in relation to the site. ˙ ‘Site forms part of local authority area ‘27.(1) If a part of the site is not within the area of any local authority, the part forms part of the area of the local authority to which application in relation to a scheme was made. ‘(2) Subsection (1) applies despite any other Act. ’. ˙ Insertion of new heading 15. Part 4, after Division 1 heading—

17 Integrated Resort Development Amendment No. 46, 1993 insert— ‘Subdivision A—Creation of initial lots and primary thoroughfare’. ˙ Amendment of s.29 (Approval of Local Authority) 16.(1) Section 29(1)(a)— omit, insert— ‘ (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 ’. (2) Section 29(5)— omit, insert— ‘(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 authority 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. ’. ˙ Amendment of s.30 (Registration of initial plan of subdivision) 17.(1) Section 30(3)— omit .

18 Integrated Resort Development Amendment No. 46, 1993 (2) Section 30(4)— renumber as subsection (3). ˙ Insertion of new headings and ss.31A–31Q 18. After section 31 (in Division 1)— insert— ‘Subdivision B—Subdivision of initial lots ˙ ‘Subdivision of initial lot ‘31A.(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 authority; 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. ˙ ‘Approval of local authority ‘31B. A local authority 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

19 Integrated Resort Development Amendment No. 46, 1993 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. ˙ ‘Registration of plan of subdivision of initial lot ‘31C.(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 authority. ‘(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 authority’s approval of the plan. ˙ ‘Notice of subdivision to primary thoroughfare body corporate ‘31D. 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.

20 Integrated Resort Development Amendment No. 46, 1993 ˙ ‘Notice of subdivision to principal body corporate ‘31E. 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 ˙ ‘Amalgamation of initial lots ‘31F.(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 authority; 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. ˙ ‘Approval of local authority ‘31G. A local authority 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

21 Integrated Resort Development Amendment No. 46, 1993 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. ˙ ‘Registration of plan of amalgamation of initial lots ‘31H. 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 authority. ˙ ‘Notice of amalgamation to primary thoroughfare body corporate ‘31I. 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.

22 Integrated Resort Development Amendment No. 46, 1993 ˙ ‘Notice of amalgamation to principal body corporate ‘31J. 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 ˙ ‘Subdivision by building units or group titles plan ‘31K.(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 authority. ‘(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

23 Integrated Resort Development Amendment No. 46, 1993 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. ˙ ‘Approval of building units or group titles plan ‘31L.(1) A local authority may approve a group titles plan and schedule only if— (a) the plan is accompanied by— (i) the statement mentioned in section 31K(3); and (ii) if applicable—the schedule mentioned in section 31K(4); and (b) it is satisfied that each lot created has the access mentioned in section 31K(5). ‘(2) A local authority 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 31K(5). ‘(3) If the schedule accompanying a group titles plan indicates that it is proposed to further subdivide any lot created, the local authority must endorse that fact on the plan. ˙ ‘Registration of building units or group titles plan ‘31M.(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 authority. ‘(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 authority’s approval of the plan.

24 Integrated Resort Development Amendment No. 46, 1993 ˙ ‘Subdivision of group title lot by building units plan ‘31N.(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 authority; and (b) registered by the Registrar of Titles. ‘(2) The first proviso to section 10(1) of the Building Units and GroupTitles Act 1980 does not apply to a subdivision by a building units plan mentioned in subsection (1). ‘(3) Despite the BuildingUnitsandGroupTitlesAct1980 , 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 BuildingUnits and Group Titles Act 1980 . ˙ ‘Subdivision of group title lot by group titles plan ‘31O.(1) Before a group title lot is subdivided by a building units plan, it may be subdivided by a group titles plan. ‘(2) Section 31K(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 31K(4) in relation to the subdivision of the initial lot by the group titles plan. ‘(4) Sections 31L and 31M relating to approval by a local authority and

25 Integrated Resort Development Amendment No. 46, 1993 registration by the Registrar of Titles apply to a plan mentioned in this section. ˙ ‘Lot entitlement if group title lot to be subdivided by a building units plan ‘31P.(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 Act1980 does not apply to a group titles plan if a lot on the plan is to be subdivided by a building units plan. ˙ ‘Application of Building Units and Group Titles Act to subdivisions ‘31Q.(1) The following provisions of the BuildingUnitsandGroupTitles Act 1980 do not apply to a subdivision under this Division— (a) the second proviso to section 10(1); (b) section 10(6)(b). ‘(2) For the purposes of section 9(7) of the BuildingUnitsandGroupTitlesAct1980 , 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. ’. ˙ Insertion of new ss.35A–35D 19. After section 35— insert— ˙ ‘Amalgamation of secondary lot ‘35A.(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 authority; and

26 Integrated Resort Development Amendment No. 46, 1993 (b) be accompanied by a schedule setting out the maximum number of lots into which the new secondary lot may be subdivided. ˙ ‘Approval of local authority ‘35B. A local authority 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. ˙ ‘Registration of plan of amalgamation of secondary lots ‘35C. 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 authority. ˙ ‘Notice of amalgamation to principal body corporate ‘35D. 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. ’. ˙ Insertion of new s.36A 20. After section 36— insert—

27 Integrated Resort Development Amendment No. 46, 1993 ˙ ‘Notice of subdivision to principal body corporate ‘36A. 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. ’. ˙ Omission of ss.43–45 21. Sections 43 to 45— omit . ˙ Insertion of new Division 4 of Part 4 22. After Part 4, Division 3— insert— ‘Division 4—Matters applying to subdivision generally ‘Subdivision A—Extinguishment of plans ˙ ‘Extinguishment of plan ‘46A. 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.

28 Integrated Resort Development Amendment No. 46, 1993 ˙ ‘Order of Supreme Court to extinguish plan ‘46B.(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. ˙ ‘Registration ‘46C.(1) If the Supreme Court makes an order under section 46B, the Registrar of Titles must take the action necessary to give effect to the order on lodgment 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

29 Integrated Resort Development Amendment No. 46, 1993 (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). ˙ ‘Notification of local authority ‘46D. The Registrar of Titles must notify the relevant local authority on registration under section 46C of the request to extinguish the plan. ‘Subdivision B—Boundary adjustment plans ˙ ‘Boundary adjustment plan ‘46E.(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.

30 Integrated Resort Development Amendment No. 46, 1993 ‘(2) A proprietor mentioned in subsection (1)(b) may lodge the boundary adjustment plan with the local authority. ‘(3) The local authority 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 authority— (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) Part 7 of the LocalGovernment(PlanningandEnvironment)Act1990 applies to an appeal under subsection (4) with any necessary modifications. ˙ ‘Registration of boundary adjustment plan ‘46F.(1) The Registrar of Titles may register a boundary adjustment plan only if the plan has been approved by the local authority. ‘(2) The Registrar of Titles does not have to be satisfied of the matters mentioned in section 46E(1) but may rely on the local authority’s approval of the plan. ˙ ‘Effect of boundary adjustment plan ‘46G.(1) A boundary adjustment plan registered under this Subdivision— (a) does not affect the voting entitlement that applied to any lot before registration of the plan; and

31 Integrated Resort Development Amendment No. 46, 1993 (b) does not of itself give rise to any liability for stamp duty. ‘(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 ˙ ‘Implied easements ‘46H.(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.

32 Integrated Resort Development Amendment No. 46, 1993 ‘(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. ˙ ‘Ancillary rights ‘46I. All ancillary rights and obligations that are necessary and reasonable to make an easement under this Subdivision effective are conferred by this section.

33 Integrated Resort Development Amendment No. 46, 1993 ˙ ‘Creation of easements by special resolution ‘46J. 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 ˙ ‘Approval of sequential plans by local authority ‘46K.(1) If a number of plans are lodged with a local authority at the same time, the local authority 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 authority 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. ˙ ‘Registration of sequential plans by Registrar of Titles ‘46L. 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 46K(2); and (b) have been approved by the local authority. ’.

34 Integrated Resort Development Amendment No. 46, 1993 ˙ Replacement of ss.49–55 23. Sections 49 to 55— omit, insert— ˙ ‘Construction of floating buildings and special buildings ‘49. 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. ˙ ‘Tidal waters within jurisdiction of authorities ‘50. 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. ˙ ‘Obligation of authorities to maintain or undertake works ‘51. 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. ˙ ‘Movement of vessels on tidal waters ‘52.(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

35 Integrated Resort Development Amendment No. 46, 1993 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. ˙ ‘Application of laws relating to design and construction etc. ‘53.(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 by-laws or the standard water supply by-laws considers that a standard determined under the by-laws cannot sensibly be applied to a floating building, the committee may determine a different standard that is to apply having regard to the existing standard. ˙ ‘Statutory charges and valuation of land ‘54. For the purpose of— (a) the assessment of rates, land tax and other statutory charges payable in relation to land; and (b) determining the unimproved value of land; 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. ˙ ‘Modification of powers of authorities ‘55.(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

36 Integrated Resort Development Amendment No. 46, 1993 (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. ’. ˙ Replacement of s.56A (Construction of canals) 24. Section 56A— omit, insert— ˙ ‘Construction of canals ‘56A.(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 Canals Act 1958 (other than the provisions of the Act prescribed by regulation for the purposes of this section) applies 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 section 9 of the Canals Act 1958 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. ’. ˙ Insertion of new s.57A 25. After section 57— insert— ˙ ‘Maintenance of canals ‘57A.(1) The primary thoroughfare body corporate is responsible for—

37 Integrated Resort Development Amendment No. 46, 1993 (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. ’. ˙ Amendment of s.60A (Surrender of canal to the Crown) 26.(1) Section 60A(1)(d)— omit ‘ by order in council ’. (2) Section 60A(4)(c)— omit ‘ by order in council ’. (3) Section 60A(7)— omit, insert— ‘(7) If land on which a canal is constructed is surrendered, the provisions of the Canals Act 1958 prescribed for the purposes of section 56A again apply. ’. ˙ Amendment of s.70 (Meetings of primary thoroughfare body corporate) 27.(1) Section 70(1) (at the end)— insert— ‘ Maximum penalty—50 penalty units. ’. (2) Section 70(4) (at the end)— insert— ‘ Maximum penalty for subsection (4)—50 penalty units. ’.

38 Integrated Resort Development Amendment No. 46, 1993 ˙ Insertion of new s.70A 28. After section 70— insert— ˙ ‘Change of annual general meeting ‘70A.(1) The primary thoroughfare body corporate may apply in writing to the Minister for approval to change the date of its next annual general meeting. ‘(2) The primary thoroughfare body corporate may apply to the Minister to change the date of its next annual general meeting only if— (a) the change of date proposed has been set out in a motion given to its members; and (b) the motion for the proposed change of date has been carried by ordinary resolution of the body corporate. ‘(3) The application to the Minister must be accompanied by— (a) a copy of the motion; and (b) evidence that it has been carried by ordinary resolution. ‘(4) The Minister may approve or refuse the application and must advise the primary thoroughfare body corporate in writing of the approval or refusal. ‘(5) If the application is approved, the new date of the annual general meeting is taken to be the anniversary of the first annual general meeting of the primary thoroughfare body corporate. ’. ˙ Amendment of s.74 (Power of entry) 29. Section 74(2) (at the end)— insert— ‘ Maximum penalty for subsection (2)—50 penalty units. ’. ˙ Insertion of new s.74A 30. After section 74—

39 Integrated Resort Development Amendment No. 46, 1993 insert— ˙ ‘Maintenance of services within lots or common property ‘74A.(1) If, because of an agreement with a local authority, the primary thoroughfare body corporate is responsible for the maintenance and reconstruction (including construction on relocation) of any pipes, poles, wires, cables or ducts or anything that provides a service within the site, the primary thoroughfare body corporate may enter on any lot or common property— (a) to carry out works relating to the maintenance or reconstruction (including construction on relocation); or (b) to inspect for the purpose of deciding whether works relating to the maintenance or reconstruction are required. ‘(2) The primary thoroughfare body corporate must give notice of works to be carried out under subsection (1)— (a) if the works are on a lot—to the proprietor of the lot; or (b) if the works are on common property—to the body corporate responsible for the control, management and administration of the common property. ‘(3) If notice is given to a body corporate under subsection (2)(b), it must immediately notify the proprietors of lots who are entitled to use and enjoy the common property. ‘(4) The notice must— (a) be in writing; and (b) be given not less than 7 days before the works are to be carried out; and (c) identify the part of the lot or common property to be affected by the works; and (d) specify the nature of the works to be carried out; and (e) specify the estimated time that it will take to carry out the works. ‘(5) Subsection (2) does not apply— (a) if the works to be carried out are urgent; or (b) to an inspection for the purpose of deciding whether works are

40 Integrated Resort Development Amendment No. 46, 1993 required. ’. ˙ Amendment of s.75B (Community facilities on primary thoroughfare) 31. Section 75B (at the end)— insert— ‘(3) The primary thoroughfare body corporate must maintain the facilities. ’. ˙ Amendment of s.76 (Duties of primary thoroughfare body corporate) 32. Section 76(1)(f) and (g)— omit, insert— ‘ (f) cause to be prepared, from the books mentioned in paragraph (e), a proper statement of accounts of the primary thoroughfare body corporate in relation to each period— (i) starting on the date of its incorporation or the day immediately after the date up to which the last statement was prepared; and (ii) ending on the last day of the month that is 3 months before the start of the month in which the anniversary of the first annual general meeting happens; and (g) cause an annual general meeting of the primary thoroughfare body corporate to be held each year on or after the anniversary of the first annual general meeting but not later than 2 months after the anniversary; and ’. ˙ Amendment of s.78 (Notices to be given by proprietors) 33 .(1) Section 78(1)— omit ‘ may ’, insert ‘ must ’. (2) Section 78(1) (at the end)— insert— ‘ Maximum penalty—4 penalty units. ’.

41 Integrated Resort Development Amendment No. 46, 1993 ˙ Amendment of s.86 (Chairman, secretary and treasurer of executive committee) 34.(1) Section 86(2) (at the end)— insert— ‘ Maximum penalty—50 penalty units. ’. (2) Section 86(5) (at the end)— insert— ‘ Maximum penalty for subsection (5)—20 penalty units. ’. ˙ Replacement of s.93A (Effect of subdivision in subsequent stage) 35. Section 93A— omit, insert— ˙ ‘Effect of subdivision in subsequent stage ‘93A.(1) On registration of the initial plan or plans of subdivision in a subsequent stage mentioned in Part 2A— (a) the proprietor or proprietors of land within the subsequent stage (excluding land within each residential precinct and land comprising the primary thoroughfare); and (b) if a new principal body corporate is created in relation to the subsequent stage—the body corporate; become additional members of the primary thoroughfare body corporate for the site. ‘(2) Until the incorporation of the principal body corporate, the proprietors of the land within the residential precincts are members of the primary thoroughfare body corporate instead of the principal body corporate. ‘(3) If the proprietors of lots within a subsequent stage become additional members of an expanded principal body corporate, the body corporate continues as a member of the primary thoroughfare body corporate. ‘(4) For the purposes of this Division and Division 1 of Part 7, on

42 Integrated Resort Development Amendment No. 46, 1993 registration of the initial plan or plans of subdivision in a subsequent stage, the site comprises that stage and any earlier stage. ’. ˙ Amendment of s.99 (Meetings of principal body corporate) 36.(1) Section 99(1) (at the end)— insert— ‘ Maximum penalty—50 penalty units. ’. (2) Section 99(4) (at the end)— insert— ‘ Maximum penalty—50 penalty units. ’. ˙ Insertion of new s.99A 37. After section 99— insert— ˙ ‘Change of annual general meeting ‘99A.(1) The principal body corporate may apply in writing to the Minister for approval to change the date of its next annual general meeting. ‘(2) The principal body corporate may apply to the Minister to change the date of its next annual general meeting only if— (a) the change of date proposed has been set out in a motion given to its members; and (b) the motion for the proposed change of date has been carried by ordinary resolution of the body corporate. ‘(3) The application to the Minister must be accompanied by— (a) a copy of the motion; and (b) evidence that it has been carried by ordinary resolution. ‘(4) The Minister may approve or refuse the application and must advise the principal thoroughfare body corporate in writing of the approval or refusal. ‘(5) If the application is approved, the new date of the annual general

43 Integrated Resort Development Amendment No. 46, 1993 meeting is taken to be the anniversary of the first annual general meeting of the principal thoroughfare body corporate. ’. ˙ Amendment of s.102 (Power of entry) 38. Section 102(2) (at the end)— insert— ‘ Maximum penalty for subsection (2)—50 penalty units. ’. ˙ Insertion of new ss.103A and 103B 39. After section 103— insert— ˙ ‘Leases to principal body corporate ‘103A.(1) For the purposes of providing access to the secondary thoroughfare, the principal body corporate may take a lease of— (a) a road closed in strata that joins, or is to join, the secondary thoroughfare; or (b) a wharf that joins, or is to join, the secondary thoroughfare. ‘(2) The principal body corporate may take a lease of land for any other purpose prescribed by regulation. ‘(3) In subsection (1)— “wharf” has the same meaning as in the Harbours Act 1955 . ˙ ‘Community facilities on secondary thoroughfare ‘103B.(1) A principal body corporate may develop or construct facilities, for the use of persons who lawfully occupy land within a residential precinct, on— (a) the secondary thoroughfare; or (b) land leased by the principal body corporate under section 103A. ‘(2) The development or construction must not start until authorised by

44 Integrated Resort Development Amendment No. 46, 1993 the principal body corporate by a special resolution. ‘(3) The principal body corporate must maintain the facilities. ’. ˙ Amendment of s.104 (Duties of principal body corporate) 40. Section 104(1)(f) and (g)— omit, insert— ‘ (f) cause to be prepared, from the books mentioned in paragraph (e), a proper statement of accounts of the principal body corporate in relation to each period— (i) starting on the date of its incorporation or the day immediately after the date up to which the last statement was prepared; and (ii) ending on the last day of the month that is 3 months before the start of the month in which the anniversary of the first annual general meeting happens; and (g) cause an annual general meeting of the principal body corporate to be held each year on or after the anniversary of the first annual general meeting but not later than 2 months after the anniversary; and ’. ˙ Amendment of s.106 (Notices to be given by proprietors) 41. Section 106(1) (at the end)— insert— ‘ Maximum penalty—4 penalty units. ’. ˙ Amendment of s.114 (Chairman, secretary and treasurer of executive committee) 42.(1) Section 114(2) (at the end)— insert— ‘ Maximum penalty—50 penalty units. ’. (2) Section 114(5) (at the end)—

45 Integrated Resort Development Amendment No. 46, 1993 insert— ‘ Maximum penalty for subsection (5)—20 penalty units. ’. ˙ Replacement of Division 2A of Part 7 (Additional principal bodies corporate) 43. Part 7, Division 2A— omit, insert— ‘Division 3—Additional principal bodies corporate or increase in membership of existing principal body corporate ˙ ‘Effect of subdivision of residential precinct in subsequent stage ‘121A. On registration of the first plan of subdivision creating a lot or lots within a residential precinct in a subsequent stage, the proprietors of all land within the residential precincts in that subsequent stage become either— (a) a body corporate under the name ‘(insert name of subsequent stage specified in the approval of the scheme) Principal Body Corporate’; or (b) additional members of an existing principal body corporate. ˙ ‘Procedure for increase in membership of existing principal body corporate ‘121B.(1) The proprietor of land within the residential precincts in a subsequent stage may become additional members of an existing principal body corporate only if— (a) details of the addition of members to an existing principal body corporate have been set out in a motion given to the members of the body corporate to which it is proposed to add members; and (b) the motion for the proposed addition of members has been carried by special resolution of the existing principal body corporate to which it is proposed to add members; and (c) the proposal to add members to an existing principal body

46 Integrated Resort Development Amendment No. 46, 1993 corporate is— (i) included in the application for approval of a subsequent stage; and (ii) is approved as part of the approval of the subsequent stage. ‘(2) If an application under section 24D that relates to a subsequent stage includes a proposal to add members to an existing principal body corporate, the application must be accompanied by— (a) a copy of the motion for the addition of members; and (b) evidence that it has been carried by special resolution of the existing principal body corporate; and (c) details of the effect the addition of members to an existing principal body corporate is likely to have on existing members of the body corporate. ˙ ‘Meeting of expanded principal body corporate ‘121C.(1) Within 3 months after registration of the first plan of subdivision creating a lot or lots within a residential precinct in a subsequent stage, the principal body corporate must convene a meeting. ‘(2) Section 99 applies to the meeting with any necessary modifications. ‘(3) For the purposes of setting the date for subsequent annual general meetings after the meeting mentioned in subsection (1), the meeting is taken to be the first annual general meeting. ˙ ‘Levies and funds of expanded principal body corporate ‘121D.(1) Within 14 days after registration of the first plan of subdivision creating a lot or lots within a residential precinct in a subsequent stage, an expanded principal body corporate must determine the amounts mentioned in section 104(1)(h). ‘(2) On registration of the first plan of subdivision creating a lot or lots within a residential precinct in a subsequent stage, the fund of the principal body corporate that is being expanded continues in existence.

47 Integrated Resort Development Amendment No. 46, 1993 ˙ ‘Application of Division 2 to expanded principal body corporate ‘121E. Division 2 applies, with any necessary modifications, to the expanded principal body corporate after the registration of the first plan of subdivision creating a lot or lots within a residential precinct in a subsequent stage. ˙ ‘Application of Act to new principal body corporate ‘121F. If a new principal body corporate is created in relation to a subsequent stage, this Act applies to the body corporate in relation to the subsequent stage for which it was incorporated. ˙ ‘Agreements with another principal body corporate ‘121G. A principal body corporate may enter into an agreement with another principal body corporate in the site in relation to— (a) the secondary thoroughfare including the improvements on the secondary thoroughfare; and (b) any personal property vested in the other principal body corporate. ’. ˙ Replacement of s.128 (Proceedings for offences) 44. Section 128— omit, insert— ˙ ‘Penalties paid to General Fund ‘127. All penalties or other amounts recovered for an offence against section 19(8) or 24D(6) are to be paid into the General Fund of the relevant local authority. ’. ˙ Replacement of s.131 (Regulations) 45. Section 131— omit, insert—

48 Integrated Resort Development Amendment No. 46, 1993 ˙ ‘Regulations ‘128.(1) The Governor in Council may make regulations for the purposes of this Act. ‘(2) A regulation may be made with respect to any of the following matters— (a) the preparation and approval of plans and documents for the purposes of this Act; (b) the plans and documents that may be lodged under this Act in the land registry; (c) the registration in the land registry of plans and documents; (d) the fees to be paid in relation to the lodgment and registration in the land registry of plans and documents; (e) the nomination and election of— (i) the chairperson, secretary and treasurer of primary thoroughfare bodies corporate and principal bodies corporate; and (ii) other members of the executive committees of primary thoroughfare bodies corporate and principal bodies corporate; (f) the powers and functions of primary thoroughfare bodies corporate and principal bodies corporate. ‘(3) A regulation may create offences and prescribe penalties of not more than 4 penalty units for the offences. ˙ ‘Renumbering of Act ‘129.(1) In this section— “commencement” means the commencement of this section; “new Act” means this Act after the commencement; ‘(2) The Parts of the new Act are renumbered so that they bear consecutive arabic numerals starting with ‘1’. ‘(3) The Divisions of each Part of the new Act are renumbered so that

49 Integrated Resort Development Amendment No. 46, 1993 they bear consecutive arabic numerals starting with ‘1’. ‘(4) The sections of the new Act are renumbered in a single series so that they bear consecutive arabic numerals starting with ‘1’. ‘(5) The sentences of each section of the new Act (whether or not they are subsections) are numbered or renumbered so that they bear consecutive arabic numerals starting with ‘1’. ‘(6) Each mention in the new Act of a provision of the new Act that has been numbered or renumbered under this section is amended by omitting the mention and substituting a mention of the provision as numbered or renumbered. ‘(7) If, before the commencement, there is, in a law, a mention of a specified provision of this Act that is numbered or renumbered because of this section, after the commencement, the mention is taken to be a mention of the specified provision as numbered or renumbered. ‘(8) In this section— “law” means— (a) an Act; or (b) a statutory instrument. ’.

50 Integrated Resort Development Amendment No. 46, 1993 ¡ SCHEDULE MINOR AMENDMENTS section 3 Amendments 1. Section 3 (definitions “Local Authority” and “Minister”)— omit . 2. Section 2— omit . 3. Section 8— omit . 4. Section 15— omit . 5. Section 17— omit . 6. Section 32(3)— omit ‘ of the department ’. 7. Section 60(1)(a)(iv)— omit ‘ by Order in Council ’.

51 Integrated Resort Development Amendment SCHEDULE (continued) 8. Section 60(2)(a)(iii)— omit ‘ by Order in Council ’. No. 46, 1993 9. Section 61(1)— omit ‘ under the Main Roads Act 1920–1985 ’. 10. Section 66(3)— omit ‘ Companies (Queensland) Code ’, insert ‘ Corporations Law ’. 11. Section 70(6)— omit ‘ for Justice and Attorney-General ’. 12. Section 70(7)— omit ‘ for Justice and Attorney-General ’. 13. Section 70(8)— omit ‘ for Justice and Attorney-General ’. 14. Section 73(2)— omit ‘ and to the Minister for Justice and Attorney-General ’. 15. Section 80(1)(a)— omit ‘ Workers’ Compensation Act 1916–1983 ’, insert ‘ Workers’ Compensation Act 1990 ’. 16. Section 80(2)— omit ‘ Order in Council ’, insert ‘ regulation ’.

52 Integrated Resort Development Amendment 17. Section 83— omit. SCHEDULE (continued) No. 46, 1993 18. Section 95(5)— omit ‘ Companies (Queensland) Code ’, insert ‘ Corporations Law ’. 19. Section 99(6)— omit ‘ for Justice and Attorney-General ’. 20. Section 99(7)— omit ‘ for Justice and Attorney-General ’. 21. Section 99(8)— omit ‘ for Justice and Attorney-General ’. 22. Section 101(2)— omit ‘ and to the Minister for Justice and Attorney-General ’. 23. Section 108(1)(a)— omit ‘ Workers’ Compensation Act 1916–1983 ’, insert ‘ Workers’ Compensation Act 1990 ’. 24. Section 108(2)— omit ‘ Order in Council ’, insert ‘ regulation ’. 25. Section 111— omit .

53 Integrated Resort Development Amendment 26. Section 127— omit . SCHEDULE (continued) No. 46, 1993 27. Section 129— omit . 28. Section 130— omit . 29. Schedule, Part A, clause 16— omit . The State of Queensland 1993