Mixed Use Development Act 1993 (Qld)

Mixed Use Development Act 1993

An Act providing for the approval, development and management of schemes of mixed use development, and for other purposes

Part 1    Preliminary

1   Short title

This Act may be cited as the Mixed Use Development Act 1993.

2   Commencement

This Act commences on a day to be fixed by proclamation.

3   Definitions

The dictionary in schedule 5 defines particular words used in this Act.

4   Words and expressions used in Building Units and Group Titles Act

Unless the contrary intention appears, words and expressions used in the Building Units and Group Titles Act 1980 have the same respective meanings in this Act.

4A   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    Basic concepts

5   Purpose of this part

(1)The purpose of this part is to assist in the understanding of this Act.

(2)The part sets out some of the concepts that are important for an understanding of this Act.

6   Mixed use scheme

(1)A mixed use scheme is a scheme that, if approved—

(a)will allow the development of land that consists of 2 or more different classes of uses; and

(b)will relate to property that is to be shared by some or all owners and occupiers of lots within the site of the development.

(2)An approved mixed use scheme will allow the development and subdivision of land in a way not otherwise permitted by law.

7   Types of development suitable for a mixed use scheme

(1)Approval of a mixed use scheme may be sought in relation to different types of developments or proposed developments of land.

(2)For example, an industrial site, an inner city site or a site for a tourist complex may be developed or redeveloped under a mixed use scheme.

(3)A site for a single building or a site on which there is already a single building, in certain circumstances, may be able to be developed or redeveloped under a mixed use scheme.

8   Proposed uses of mixed use scheme to be consistent with the planning scheme

(1)A mixed use scheme may be approved only if the uses under the scheme are consistent with the planning scheme for the proposed site.

(2)If a proposed use is inconsistent with the planning scheme for the site, an application to amend the planning scheme to enable the use to be lawfully established may be given to the relevant local government with the application for approval of the mixed use scheme.

9   The site

The site of a mixed use scheme consists of the land within the boundaries of an approved mixed use scheme.

10   Future development area

(1)An application for approval of a mixed use scheme may identify an area in relation to which development is planned for the future.

(2)The area identified is called a future development area.

(3)A provisional approval may be granted in relation to the area and an application for its inclusion in the site of the mixed use scheme may be made at a later stage.

11   First subdivision of the site

(1)The first subdivision of the site is by a plan called a community plan.

(2)This plan must subdivide the whole site.

12   The community plan

(1)The community plan—

(a)is a plan that subdivides the site into lots; or

(b)comprises a number of plans that subdivide the site into lots.

(2)These lots are called community development lots and community property lots.

(3)There must be—

(a)at least 1 community development lot; and

(b)at least 1 community property lot.

13   Community development lots

(1)A community development lot is initially owned by the person that owned the land subdivided by the community plan.

(2)A community development lot may be further developed under the mixed use scheme.

14   Community property lots

(1)Community property lots are shared by, and are property that is common to, owners of community development lots.

(2)Community property lots—

(a)usually provide access to the community development lots; but

(b)may contain improvements.

15   Community body corporate

(1)A body corporate is incorporated on registration of the community plan.

(2)This body corporate is the community body corporate.

(3)The community property lots are transferred to the community body corporate.

(4)The community body corporate is responsible for, and may make by-laws in relation to, the ongoing management of the community property lots.

16   Staged development

If a community development lot is to be developed in stages, it may be subdivided by a precinct plan.

17   Precinct plan

(1)A precinct plan is a plan that subdivides a community development lot into lots.

(2)These lots are called precinct development lots and precinct property lots.

(3)There must be—

(a)at least 1 precinct development lot; and

(b)the number of precinct property lots (if any) that is necessary to ensure access to precinct development lots.

(4)If the precinct development lots and any precinct property lots do not comprise the whole of the community development lot, a further lot is also created.

(5)This lot is called a balance precinct development lot.

18   Balance precinct development lots

(1)A balance precinct development lot is initially owned by the person that owned the community development lot subdivided by the precinct plan.

(2)A balance precinct development lot may be subdivided by a further precinct plan as if it were a community development lot.

19   Precinct development lots

A precinct development lot is initially owned by the person that owned the community development lot or balance precinct development lot subdivided by a precinct plan.

20   Precinct property lots

(1)Precinct property lots are shared by, and are property that is common to, owners of precinct development lots.

(2)Precinct property lots—

(a)usually provide access to the precinct development lots; but

(b)may contain improvements.

21   Precinct body corporate

(1)A body corporate is incorporated on registration of the first precinct plan subdividing a community development lot.

(2)This body corporate is a precinct body corporate.

(3)The precinct property lots created by a precinct plan are transferred to the precinct body corporate.

(4)The precinct body corporate is responsible for, and may make by-laws in relation to, the ongoing management of the precinct property lots.

22   Subdivision of community development lots and precinct development lots by group titles and building units plans

(1)A community development lot or precinct development lot may be subdivided by—

(a)a group titles plan; or

(b)a building units plan.

(2)A group titles plan that subdivides a community development lot or precinct development lot creates group title lots.

(3)A group title lot may be further subdivided by—

(a)a group titles plan; or

(b)a building units plan.

(4)If a community development lot is subdivided by a group titles or building units plan, it may not then be subdivided by a precinct plan.

23   Stratum subdivision

(1)A community development lot, precinct development lot or balance precinct development lot may be subdivided by a stratum plan.

(2)A stratum plan that subdivides a community development lot creates community stratum lots.

(3)A stratum plan that subdivides a precinct development lot or balance precinct development lot creates precinct stratum lots.

(4)A community stratum lot or precinct stratum lot may be further subdivided by a building units plan.

(5)A stratum plan may be registered only if it is accompanied by a management statement.

(6)A management statement is a document that—

(a)regulates a building and its site; or

(b)is intended to regulate a proposed building and its site.

(7)The management of the building and its site is the responsibility of a building management committee.

24   Membership of community body corporate On subdivision of site by community plan

(1)On registration of the community plan, the owners of the community development lots become members of the community body corporate.

(2)On subdivision of community development lot by stratum plan
On registration of a stratum plan subdividing a community development lot, the owners of the community stratum lots become members of the community body corporate in place of the owner of the community development lot.

(3)On subdivision of community stratum lot by building units plan
If a community stratum lot is subdivided by a building units plan, the body corporate incorporated by registration of the building units plan becomes a member of the community body corporate in place of the owner of the community stratum lot.

(4)On subdivision of community development lot by building units or group titles plan
If a community development lot is subdivided by a building units or group titles plan, the body corporate incorporated by registration of the plan becomes a member of the community body corporate in place of the owner of the community development lot.

(5)On subdivision of community development lot by precinct plan
If a community development lot is subdivided by a precinct plan, the precinct body corporate incorporated by registration of the plan becomes a member of the community body corporate in place of the owner of the community development lot.

25   Membership of precinct body corporate

(1)On subdivision of community development lot by precinct plan
On registration of a precinct plan, the owners of the precinct development lots and any balance precinct development lot become members of the precinct body corporate.

(2)On subdivision of precinct development lot by stratum plan
On registration of a stratum plan subdividing a precinct development lot, the owners of the precinct stratum lots become members of the precinct body corporate in place of the owner of the precinct development lot.

(3)On subdivision of precinct stratum lot by building units plan
If a precinct stratum lot is subdivided by a building units plan, the body corporate incorporated by registration of the building units plan becomes a member of the precinct body corporate in place of the owner of the precinct stratum lot.

(4)On subdivision of precinct development lot by building units or group titles plan
If a precinct development lot is subdivided by a building units or group titles plan, the body corporate incorporated by registration of the plan becomes a member of the precinct body corporate in place of the owner of the precinct development lot.

(5)On subdivision of group title lot by building units plan
If a group title lot is subdivided by a building units plan, the owners of the building unit lots become members of the body corporate incorporated by registration of the group titles plan that created the group title lot.

(6)A further body corporate is not incorporated on subdivision of a group title lot by a building units plan.

Part 3    Scheme of mixed use development

Division 1 Approval of schemes

26   Minimum requirements for approval of scheme

(1)A scheme may be approved under this Act only if it provides for at least—

(a)a mixed use development; and

(b)community property; and

(c)the division of the site into precincts specifying—

(i)the name of each precinct; and

(ii)generally, the intended development of each precinct; and

(iii)the permitted uses of the land within each precinct.

(2)Subsection (1) does not limit the matters that may be included in the scheme.

27   Land taken to be zoned for mixed use development

If—

(a)land is proposed to be used for a mixed use development; and

(b)the uses proposed for the mixed use development may be lawfully established—

(i)on an as of right basis under the planning scheme that applies to the proposed site; or

(ii)because a town planning consent permit exists;

the land is taken to be zoned for the mixed use development.

28   Application for approval of scheme

(1)An application for approval of a scheme may be made to the relevant local government.

(1A)However, on and from the commencement of this subsection, no further applications for approval may be made (other than an application that, under a provision of this Act other than this division, is required to be made under this division).

(2)Except in relation to land intended to be freeholded, the application may be made only in relation to land that—

(a)is taken to be zoned for the mixed use development proposed; or

(b)if not taken to be zoned for the mixed use development proposed—is the subject of an application to amend a planning scheme under the Local Government (Planning and Environment) Act 1990 that, if approved, would allow the mixed use development.

(3)The application must—

(a)be in writing; and

(b)be signed by the applicant; and

(c)be in the form (if any) determined by the local government; and

(d)set out or be accompanied by the matters mentioned in subsection (4).

(4)The matters required by subsection (3) are—

(a)the name of the proposed mixed use development; and

(b)the name and address of the applicant; and

(c)the address of—

(i)the site; and

(ii)any other land proposed to be used in conjunction with the mixed use development; and

(d)the name and address of—

(i)each owner (other than the applicant) of land within the site; and

(ii)each owner of any other land that is proposed to be used in conjunction with the mixed use development; and

(e)the written consent of each owner mentioned in paragraph (d) to the inclusion of the owner’s land in the scheme, signed by the owner; and

(f)advice that the land comprising the site is freehold land or is intended to be freeholded; and

(g)details of the existing and proposed form of tenure of any land outside the site that is proposed to be used as part of the scheme; and

(h)details of each matter for which approval is required, or that must be done, under another Act before approval of the scheme may be granted; and

(i)details of all agreements that relate to land within the site; and

(j)evidence of all—

(i)undertakings affecting the proposed development given by an interested person; and

(ii)contracts affecting the proposed development entered into between the applicant and another interested person; and

(k)a schedule setting out the type and extent of development in each precinct; and

(l)details of any minimum lot sizes, height restrictions, building setback requirements, car parking requirements and other requirements that are proposed for the site; and

(m)a schedule setting out the voting entitlements, and the way of calculating the voting entitlements, of members of the community body corporate; and

(n)the proposed plan of development for the scheme.

(5)The proposed plan of development must—

(a)include—

(i)a site plan; and

(ii)a delineation of the site; and

(iii)real property descriptions and, if appropriate, metes and bounds descriptions; and

(b)identify the location, and specify the area, of each of the proposed precincts; and

(c)specify the name of each proposed precinct; and

(d)specify the proposed uses to be permitted within each precinct; and

(e)identify the staged use precincts proposed at the time; and

(f)identify on the site plan the relationship between the site and any adjoining lands; and

(g)identify any lands outside the site that are proposed to be used in conjunction with the establishment or operation of the proposed mixed use development; and

(h)identify—

(i)the proposed community property; and

(ii)any community thoroughfare; and

(iii)the access points to the site from roads outside the site; and

(i)identify the proposed roads and other proposed major engineering works within the site; and

(j)identify existing easements and reserves; and

(k)identify existing buildings; and

(l)identify any watercourse lines, flood lines, storm surge levels, waterholes and similar features.

(6)If the application relates to land that is taken to be zoned for the proposed mixed use development, a matter mentioned in subsection (4) is required to be set out in, or accompany, the application only if the applicant has not already given the relevant information or material to the local government.

(7)A matter mentioned in subsection (4) or (5) may be expressed in words or by way of words and a diagram.

(8)In this section—

interested person means the applicant, the local government, the State, the Commonwealth or the provider of a public utility service.

29   Decision on application if site taken to be appropriately zoned

(1)The local government must decide, in accordance with this section, an application for approval of a scheme in relation to a site that is taken to be zoned for the mixed use development proposed.

(2)The local government must decide the application—

(a)within 40 days of receiving it; or

(b)if the local government extends or further extends the period—before the end of the extended period.

(3)An extension has effect subject to any written direction given by the Minister to the local government—

(a)shortening the extension; or

(b)directing that the extension ceases to have effect on the giving of the direction.

(4)The local government must notify the applicant of any extension before the extension starts.

(5)The local government may—

(a)approve the scheme; or

(b)approve the scheme subject to reasonable and relevant conditions determined by it; or

(c)refuse to approve the scheme.

30   Decision on application if site requires rezoning

(1)The local government must decide, in accordance with this section, an application for approval of a mixed use scheme in relation to a site that is not taken to be zoned for the mixed use development proposed.

(2)The application for approval of the mixed use scheme may accompany the application to amend the relevant planning scheme to allow the mixed use development proposed.

(3)The public notice and objection requirements that apply under the Local Government (Planning and Environment) Act 1990 to the application to amend the planning scheme do not apply to the application for approval of the mixed use scheme.

(4)If the application for approval of the mixed use scheme accompanies the application to amend the planning scheme, the local government must decide both applications at the same time.

(5)The local government may—

(a)approve the mixed use scheme; or

(b)approve the mixed use scheme subject to reasonable and relevant conditions determined by it; or

(c)refuse to approve the mixed use scheme.

31   Notification of decision on application

(1)The local government must notify the applicant of its decision within 10 days after it is made.

(2)The notification must include—

(a)the decision and its date; and

(b)if the application has been refused—the grounds for the refusal; and

(c)if the application has been approved—any conditions that attach to the approval; and

(d)details of—

(i)the way an applicant may appeal against the refusal or against any conditions to which the approval is subject; and

(ii)the time within which an appeal must be made.

32   Submission of scheme by local government

(1)The local government must submit the scheme approved by it to the Minister.

(2)The scheme must be accompanied by—

(a)details of the assessment of the scheme made by the local government; and

(b)details of any conditions determined by it in relation to the scheme; and

(c)details of any decision of the Planning and Environment Court in relation to the scheme; and

(d)any other matters required by the Minister.

(3)The scheme must be submitted to the Minister within—

(a)if the scheme is approved without conditions—14 days after the local government’s decision; or

(b)if the time for starting an appeal has ended and no appeal has been started—

(i)if security is required to be lodged with the local government to ensure compliance with the conditions to which the scheme is subject—14 days after lodgment of the security; or

(ii)if security is not required—14 days after the end of the appeal period; or

(c)if (in a case to which paragraph (e) does not apply) an appeal has been made and the appeal has been determined by a decision of the court—

(i)14 days after the decision; or

(ii)another period determined by the court; or

(d)if (in a case to which paragraph (e) does not apply) an appeal has been made and the appeal has been determined otherwise than by a decision of the court—14 days after the determination; or

(e)if, because of the determination of an appeal, the applicant is required to lodge security with the local government to ensure compliance with conditions to which the scheme is subject—14 days after lodgment of the security.

(4)For the purposes of subsection (3), if, before the end of the period mentioned in the subsection, the applicant gives a written notice to the local government stating that the applicant will not appeal against the local government’s decision, the time for starting an appeal is taken to have ended on receipt by the local government of the notice.

33   Approval of scheme

(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 scheme to the person.

34   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 Future development areas

35   Application that includes future development area

(1)An application under division 1 for the approval of a scheme (the primary application) may identify an area (a future development area) in relation to which—

(a)provisional approval is sought; and

(b)a subsequent application is proposed to be made under division 1.

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

(3)Except in relation to land intended to be freeholded, the primary application may include a future development area only if the land in the future development area—

(a)is taken to be zoned for the mixed use development proposed; or

(b)if not taken to be zoned for the mixed use development proposed—is the subject of an application to amend a planning scheme under the Local Government (Planning and Environment) Act 1990 that, if approved, would allow the mixed use development proposed.

(4)The primary application may include a future development area only if—

(a)the future development area is contiguous with the other land mentioned in the application; and

(b)the intended use of the future development area is compatible with the intended use of the other land.

(5)For the purposes of subsection (4), a future development area that is separated from the other land only by a road, railway, tramway or boundary watercourse is taken to be contiguous with the other land.

(6)If the primary application identifies a future development area, the applicant must, in addition to giving the information and material required by division 1, give to the local government—

(a)the address of the future development area; and

(b)a site plan and delineation of the future development area, including real property descriptions and, if appropriate, metes and bounds descriptions; and

(c)the name and address of each owner (other than the applicant) of land within the future development area; and

(d)the written consent of each owner mentioned in paragraph (c) to the inclusion of the owner’s land in the future development area; and

(e)advice that the land in the future development area is freehold land or is intended to be freeholded.

(7)The site plan must identify—

(a)the relationship between the future development area, the site and any adjoining lands; and

(b)any lands outside the future development area that are proposed to be used in conjunction with the establishment or operation of the proposed development; and

(c)any access points to the future development area from roads outside the future development area; and

(d)existing easements and reserves; and

(e)any watercourse lines, flood lines, storm surge levels, waterholes and similar features; and

(f)the nature and extent of development proposed in the future development area.

36   Provisional approval

(1)An application for provisional approval for a future development area is to be made, and dealt with and approved in the same way and within the same time as the application under division 1 for approval of a scheme.

(2)The requirements of section 34 that apply to the approved scheme also apply to a future development area that has been provisionally approved in relation to the approved scheme.

37   Application for revocation of provisional approval

(1)The proprietor of land in a future development area that is the subject of a provisional approval may apply to have the approval revoked in relation to all or part of the land.

(2)An application may not be made in relation to any part of the future development area that has been the subject of an application under section 40.

(3)Before making the application, the proprietor must give written notice of the proprietor’s intention to make the application to—

(a)the community body corporate; and

(b)the precinct bodies corporate;

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

(4)The application must be made in writing to the Minister and include—

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

(b)any written comments of the members of the community body corporate or the precinct bodies corporate received by the applicant; and

(c)other matters that the Minister considers necessary.

38   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.

39   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.

40   Application for subsequent stages

(1)An application may be made to the relevant local government under division 1 in relation to all or part of a future development area that is the subject of a provisional approval.

(2)The future development area or part of the future development area that is the subject of an application under division 1 is called a subsequent stage.

(3)Division 1 applies to the application for approval of a subsequent stage.

(4)However, if the local government is satisfied that a matter required under division 1 for the application has previously been complied with, the local government may dispense with the matter.

(5)The application may be made only if—

(a)all necessary amounts have been paid to the local authority; and

(b)all necessary undertakings and securities have been given to, or lodged with, the local authority;

under an agreement entered into between the applicant and the local authority.

(6)The application must—

(a)indicate that the subsequent stage is to be divided into precincts; and

(b)specify—

(i)the name of each precinct; and

(ii)generally, the intended development of each precinct; and

(iii)the permitted uses of the land within each precinct; and

(c)be accompanied by a schedule setting out the voting entitlements, and the way of calculating the voting entitlements, of proposed members of the community body corporate.

(7)An application in relation to a subsequent stage in a future development area may be made at any time.

(8)Land in a subsequent stage is to be subdivided under part 5 in the same way as land within the site of a scheme.

Division 3 Amendment of approved schemes

41   Application for amendment of an approved scheme

(1)The applicant may apply to the relevant local government for approval of an amendment of an approved scheme.

(2)The application must be—

(a)in writing; and

(b)signed by the applicant; and

(c)in the form (if any) determined by the local government.

(3)A matter in the application may be expressed in words or by way of words and a diagram.

(4)Subject to section 51, if the applicant is the community body corporate, it may apply to amend the approved scheme only if—

(a)the amendment proposed has been set out in a motion given to its members; and

(b)the motion for the proposed amendment has been carried by comprehensive resolution of the body corporate.

(5)The application must be accompanied by—

(a)a copy of the motion; and

(b)evidence that it has been carried by comprehensive resolution.

42   Application for amendment to add land to the site

(1)If the amendment proposed includes the addition to the site of land outside the site—

(a)the intended use of the additional land—

(i)must be permitted by the relevant planning scheme; or

(ii)if not permitted by the relevant planning scheme—must be the subject of an application to amend a planning scheme under the Local Government (Planning and Environment) Act 1990 that, if approved, would allow the use intended; and

(b)the intended use of the additional land must be compatible with the approved scheme.

(2)The application to add additional land must set out or be accompanied by—

(a)the name of the scheme; and

(b)the name and address of the applicant; and

(c)the address of the additional land; and

(d)the name and address of each owner (other than the applicant) of—

(i)the additional land; and

(ii)any land outside the site and the future development area that is proposed to be used in conjunction with the mixed use development; and

(e)the written consent of each owner mentioned in paragraph (d) to the addition of the owner’s land to the site, signed by the owner; and

(f)advice that the additional land is freehold land or is intended to be freeholded; and

(g)details of each matter for which approval is required, or that must be done, under another Act before approval of the amendment of the approved scheme may be given; and

(h)details of all agreements that relate to any part of the additional land; and

(i)evidence of all—

(i)undertakings affecting the proposed development of the additional land given by an interested person; and

(ii)contracts affecting the proposed development of the additional land entered into between the applicant and another interested person; and

(j)a schedule setting out the type and extent of development in each precinct; and

(k)details of any minimum lot sizes, height restrictions, building setback requirements, car parking requirements and other requirements that are proposed for the additional land; and

(l)a schedule specifying the voting entitlements and the methods of calculating the voting entitlements of existing and proposed members of the community body corporate; and

(m)the proposed plan of development for the additional land.

(3)The proposed plan of development must—

(a)include—

(i)a site plan; and

(ii)a delineation of the additional land; and

(iii)real property descriptions and, if appropriate, metes and bounds descriptions; and

(b)identify the location and specify the area of each of the proposed precincts; and

(c)specify the name of each proposed precinct; and

(d)specify the proposed uses to be permitted within each precinct; and

(e)identify any proposed staged use precincts; and

(f)identify on the site plan the relationship between the site and the additional land; and

(g)identify any lands outside the site and the future development area (other than additional land) that are proposed to be used in conjunction with the establishment or operation of the mixed use development; and

(h)identify—

(i)the proposed roads and other proposed major engineering works within the additional land; and

(ii)the access points to the additional land from roads outside the land; and

(i)identify existing and proposed easements and reserves; and

(j)identify any watercourse lines, flood lines, storm surge levels, waterholes and similar features.

(4)In this section—

interested person means the applicant, the local government, the State, the Commonwealth or the provider of a public utility service.

43   Application not adding additional land

An application for approval to amend a scheme that does not relate to additional land must include—

(a)details of the proposed amendment and an explanation of the nature and extent of the amendment; and

(b)any other relevant matters required by the local government.

44   Certain amendments not allowed after community plan registered

An applicant may not apply for approval to amend a precinct boundary, or vary a precinct boundary under section 51, after the community plan has been registered.

45   Decision on application if application to amend planning scheme not required

(1)The local government must decide, in accordance with this section—

(a)an application for approval of an amendment that relates to additional land the use of which is permitted by the relevant planning scheme; or

(b)an application for approval of an amendment that does not relate to additional land.

(2)The local government must decide the application—

(a)within 40 days of receiving it; or

(b)if the local government extends or further extends the period—before the end of the extended period.

(3)An extension has effect subject to any written direction given by the Minister to the local government—

(a)shortening the extension; or

(b)directing that the extension ceases to have effect on the giving of the direction.

(4)The local government must notify the applicant of any extension before the extension starts.

(5)The local government may—

(a)approve the amendment of the scheme; or

(b)approve the amendment of the scheme subject to reasonable and relevant conditions determined by it; or

(c)refuse to approve the amendment of the scheme.

46   Decision on application if amendment of planning scheme required

(1)The local government must decide, in accordance with this section, an application for approval of an amendment of a mixed use scheme that relates to additional land the use of which is not permitted by a planning scheme.

(2)The application for approval of the amendment of the mixed use scheme may accompany the application to amend the relevant planning scheme to allow the use proposed for the additional land.

(3)The public notice and objection requirements that apply under the Local Government (Planning and Environment) Act 1990 to the application to amend the planning scheme do not apply to the application for approval of the amendment of the mixed use scheme.

(4)If the application for approval of amendment of the mixed use scheme accompanies the application to amend the relevant planning scheme, the local government must decide both applications at the same time.

(5)The local government may—

(a)approve the amendment of the mixed use scheme; or

(b)approve the amendment of the mixed use scheme subject to reasonable and relevant conditions determined by it; or

(c)refuse to approve the amendment of the mixed use scheme.

47   Notification of decision on application

(1)The local government must notify the applicant of its decision within 10 days after it is made.

(2)The notification must include—

(a)the decision and its date; and

(b)if the application has been refused—the grounds for the refusal; and

(c)if the application has been approved—any conditions to which the approval is subject; and

(d)details of—

(i)the way an applicant may appeal against the refusal or against any conditions to which the approval is subject; and

(ii)the time within which an appeal must be made.

48   Submission of amendment of scheme approved by local authority

(1)The local government must submit the amendment of the scheme approved by it to the Minister.

(2)The amendment must be accompanied by—

(a)details of the assessment of the amendment of the scheme made by the local government; and

(b)details of any conditions determined by it in relation to the amendment; and

(c)details of any decision of the Planning and Environment Court in relation to the amendment; and

(d)any other matters required by the Minister.

(3)The amendment must be submitted to the Minister within—

(a)if the amendment is approved without conditions—14 days after the local government’s decision; or

(b)if the time for starting an appeal has ended and no appeal has been started—

(i)if security is required to be lodged with the local government to ensure compliance with the conditions to which the approval of the amendment is subject—14 days after lodgment of the security; or

(ii)if security is not required—14 days after the end of the appeal period; or

(c)if (in a case to which paragraph (e) does not apply) an appeal has been made and the appeal has been determined by a decision of the court—

(i)14 days after the decision; or

(ii)another period determined by the court; or

(d)if (in a case to which paragraph (e) does not apply) an appeal has been made and the appeal has been determined otherwise than by a decision of the court—14 days after the determination; or

(e)if, because of the determination of an appeal, the applicant is required to lodge security with the local government to ensure compliance with conditions to which the approval of the amendment is subject—14 days after lodgment of the security.

(4)For the purposes of subsection (3), if, before the end of the period mentioned in the subsection, the applicant gives a written notice to the local government stating that the applicant will not appeal against the local government’s decision, the time for starting an appeal is taken to have ended on receipt by the local government of the notice.

49   Approval of amendment of scheme

(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 amendment relates to additional land—

(a)the additional land becomes part of the scheme; and

(b)the additional land is to be subdivided under part 5 in the same way as land within the site of a scheme.

(3)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.

(4)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.

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

50   Notation of amendment

If the amendment relates to additional land, the local government and the chief executive must each make an appropriate notation of the approved amendment on—

(a)relevant zoning maps; and

(b)any relevant regulatory maps; and

(c)any relevant development control plan maps.

51   Minor variation of precinct boundaries

(1)The relevant local government may approve an application to vary the boundaries of a precinct if, in its opinion, the variation is minor.

(2)If the local government approves the variation, it must submit it to the Minister.

(3)The Minister may—

(a)approve the variation; or

(b)refuse to approve the variation.

(4)The provisions of this Act that apply to—

(a)the approval of a scheme; or

(b)the approval of an amendment of a scheme;

do not apply to the approval of a minor variation under this section.

(5)If the Minister approves the variation, the chief executive must give the registrar of titles and the local government a new plan of development that includes the minor variation.

Division 4 Appeals

52   Appeals to the Planning and Environment Court

(1)This section applies to the following decisions of a local government—

(a)a decision refusing to approve a scheme;

(b)a decision approving a scheme subject to conditions;

(c)a decision refusing to approve an amendment of a scheme;

(d)a decision approving an amendment of a scheme subject to conditions;

(e)a decision refusing to approve a subsequent stage;

(f)a decision approving a subsequent stage subject to conditions;

(g)a decision refusing a provisional approval of a future development area;

(h)a decision approving a provisional approval of a future development area subject to conditions.

(2)An applicant may appeal to the Planning and Environment Court in relation to—

(a)a decision to which this section applies; and

(b)a failure of a local government to decide an application under this part within the time prescribed by this part.

(3)A person may appeal in relation to a decision mentioned in subsection (1)(g) only if—

(a)the application under division 1 that identifies the future development area has been approved; or

(b)if the application under division 1 has been refused—an appeal against this refusal accompanies the appeal in relation to the decision mentioned in subsection (1)(g).

(4)For the purposes of subsection (2)(b), a failure of local government to decide an application is taken to be a refusal of the local government to approve the application.

(5)If—

(a)an application under this part accompanies an application for amendment of a planning scheme; and

(b)both applications are refused by the local government;

an appeal may be made in relation to the application under this part only if an appeal is also made in relation to the other application.

(6)Part 7 (Appeals) of the Local Government (Planning and Environment) Act 1990 applies to an appeal under this section with any necessary modifications.

Division 5 Effect of approval of scheme

53   Approved scheme regulates development etc. of site

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

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

(3)However, the mixed use scheme cannot increase the uses permitted by the planning scheme.

(4)Part 5 (Subdivision applications) of the Local Government (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 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 scheme as a permitted use in relation to the precinct.

Division 6 Rescission of approved schemes

54   Application for rescission

(1)The applicant may apply to the Minister for rescission of the 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 108.

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

55   Rescission of approval

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

(2)The Governor in Council may—

(a)approve the rescission; or

(b)approve the rescission subject to conditions; or

(c)refuse to approve the rescission.

(3)If the Governor in Council approves the rescission, the chief executive must—

(a)notify the approval of the rescission 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 rescission 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 rescission on the plan of development; and

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

(4)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 rescission to the person.

(5)The registrar of titles must note the rescission on the plan of development.

56   Notation of rescission

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

(a)relevant zoning maps; and

(b)any relevant regulatory maps; and

(c)any relevant development control maps.

57   Effect of rescission

(1)On rescission of an approved scheme—

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

(b)the provisions of the Canals Act 1958 prescribed for the purposes of section 156 again apply.

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

Division 7 Unauthorised uses

58   Use of construction works

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.

Maximum penalty—500 penalty units.

59   Use of land etc. within a precinct

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 scheme as a permitted use in relation to the precinct.

Maximum penalty—200 penalty units.

Part 4    The site

60   The site

(1)The site of a scheme consists of all land within the boundaries of the site set out in the scheme.

(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.

61   Grant of Crown land

(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.

62   Site forms part of local authority 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 Subdivision of site by community plan

63   Lodgment of community plan

(1)After the approval of a scheme by the Governor in Council, the proprietor of land within the site must lodge with the local government a community plan subdividing land within the site into—

(a)a lot that comprises, or lots that together comprise, the community property as provided for in the scheme; and

(b)a community development lot that comprises, or community development lots that together comprise, the balance of the land within the site.

(2)The community plan must—

(a)identify the community property; and

(b)be accompanied by a schedule setting out the voting entitlement applicable to each community development lot.

64   Approval of community plan

(1)The local government may approve a community plan and schedule only if it is satisfied that—

(a)each lot comprising community property is shown on—

(i)the plan; or

(ii)a previous plan approved by the local government that forms part of the community plan; and

(b)each community development lot has access to a dedicated road outside the site directly or through the community thoroughfare that is, or is to be, constructed on the community property; and

(c)if there is more than 1 community development lot in a precinct—the combined voting entitlement of the lots equals the voting entitlement of the precinct; and

(d)the provisions of the scheme that apply to the lots on the plan have been complied with; and

(e)the lots on the plan have been, or will be, provided with essential services.

(2)For the purposes of subsection (1)(b)—

(a)if the site is on an island and there is no dedicated road adjoining the site—a community development lot is taken to have access to a dedicated road if the lot or the community thoroughfare adjoins the foreshore; or

(b)if the site is remote and there is no dedicated road adjoining the site—a community development 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.

(3)If a community development lot is taken to have access to a dedicated road under subsection (2), a lot is also taken to have access to a dedicated road if created by the subdivision of—

(a)the community development lot; or

(b)a lot created by the subdivision of the community development lot.

(4)Subsection (3) has effect subject to the provisions of this Act that relate to access.

65   Registration of community plan

(1)The registrar of titles may register a community plan only if—

(a)it includes the subdivision of the site into a lot or lots comprising the community property or a plan that forms part of the community plan has previously created community property and been registered by the registrar of titles; and

(b)it is accompanied by a schedule setting out the voting entitlement applicable to each community development lot; 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.

66   Vesting of community property in community body corporate

(1)On registration of the community plan creating lots comprising the community property and after registration of the necessary transfer by the registrar of titles, the lots are transferred to the community body corporate.

(2)If land that is to become community property is mortgaged, the transfer may be registered only if the mortgage has been released.

(3)The registrar of titles must issue certificates of title in the name of the community body corporate.

(4)The community body corporate must not be required to make any payment or provide any consideration for the transfer.

(5)This section does not affect the operation of section 150.

Division 2 Amalgamation of community development lots by community plan of amalgamation

67   Community plan of amalgamation

(1)The proprietor of 2 or more community development lots on a community plan may amalgamate the lots by a community plan of amalgamation.

(2)The community plan of amalgamation must—

(a)be lodged with the local government; and

(b)be accompanied by a schedule setting out the voting entitlement that is to apply to the new community development lot.

68   Approval of community plan of amalgamation

A local government may approve a community plan of amalgamation and schedule only if it is satisfied that—

(a)the voting entitlement that is to apply to the new community development lot equals the total voting entitlement that applies to the community development lots being amalgamated; and

(b)the provisions of the scheme that apply to the amalgamated lot have been complied with; and

(c)the amalgamated lot has been, or will be, provided with essential services.

69   Registration of community plan of amalgamation

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

(a)it is accompanied by a schedule setting out the voting entitlement that is to apply to the new community development lot; and

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

70   Notice of amalgamation

On registration of the community plan of amalgamation, the proprietor of the new community development lot must give written notice to the community body corporate of—

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

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

(c)the description of the community development lots amalgamated; and

(d)the description of the new community development lot; and

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

Division 3 Subdivision of community development lot by community plan of subdivision

71   Community plan of subdivision

(1)The proprietor of a community development lot may subdivide it by a community plan of subdivision into—

(a)2 or more community development lots; or

(b)1 or more community development lots and 1 or more community property lots.

(2)The community plan of subdivision must—

(a)be lodged with the local government; and

(b)be accompanied by a schedule setting out the voting entitlement that is to apply to each community development lot created by the plan.

(3)The proprietor may lodge a community plan of subdivision that creates a community property lot only if—

(a)details of the proposed subdivision have been set out in a motion given to the members of the community body corporate; and

(b)the motion has been carried by comprehensive resolution.

72   Approval of community plan of subdivision

A local government may approve a community plan of subdivision and schedule only if it is satisfied that—

(a)the total voting entitlement that is to apply to the new community development lot or lots equals the voting entitlement that applies to the community development lot being subdivided; and

(b)each new community development lot has access to a dedicated road outside the site directly or through the community thoroughfare that is, or is to be constructed, on a lot that comprises or on lots that comprise the community property; and

(c)the provisions of the scheme that apply to the lots on the plan have been complied with; and

(d)the lots on the plan have been, or will be, provided with essential services.

73   Registration of community plan of subdivision

(1)The registrar of titles may register a community plan of subdivision only if—

(a)it is accompanied by a schedule setting out the voting entitlement that is to apply to each community development lot created by the plan; and

(b)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.

74   Notice of subdivision

On registration of the community plan of subdivision, the proprietor of the new community development lots must give written notice to the community body corporate of—

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

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

(c)the description of the community development lot subdivided; and

(d)the description of the new community development lots; and

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

75   Vesting of community property in community body corporate

(1)On registration of the community plan of subdivision creating or lots comprising the community property and after registration of the necessary transfer by the registrar of titles, the lots are transferred to the community body corporate.

(2)If land that is to become community property is mortgaged, the transfer may be registered only if the mortgage has been released.

(3)The registrar of titles must issue certificates of title in the name of the community body corporate.

(4)The community body corporate must not be required to make any payment or provide any consideration for the transfer.

(5)This section does not affect the operation of section 150.

Division 4 Subdivision of community development lot by stratum plan under pt 6

76   Stratum subdivision of community development lot

(1)The proprietor of a community development lot may subdivide it by a stratum plan under part 6 into stratum lots called community stratum lots.

(2)The stratum plan must—

(a)be lodged with the local government; and

(b)be accompanied by—

(i)a schedule setting out the voting entitlement that is to apply to each community stratum lot created by the stratum plan; and

(ii)a management statement mentioned in part 6.

77   Approval of stratum plan

(1)A local government may approve a stratum plan and schedule only if it is satisfied that—

(a)the total voting entitlement that is to apply to the community stratum lots equals the voting entitlement that applied to the community development lot being subdivided; and

(b)each new community stratum lot has access to—

(i)a dedicated road outside the site; or

(ii)the community thoroughfare; and

(c)the provisions of the scheme that apply to the lots on the plan have been complied with; and

(d)the lots on the plan have been, or will be, provided with essential services.

(2)If the local government approves the stratum plan and the schedule, it may also approve the management statement.

(3)For the purposes of this section, access need not be access by road.

Division 5 Subdivision of community development lot by building units or group titles plan

78   Building units or group titles plan

If a community development lot created by the registration of—

(a)a community plan; or

(b)a community plan of amalgamation; or

(c)a community plan of subdivision;

is not to be subdivided by a precinct plan under division 6 or a stratum plan under part 6, it may be subdivided by a building units or group titles plan under this division.

79   Lodgment of building units or group titles plan

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

(2)A group titles plan must be accompanied by a statement by the proprietor of the community development 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.

(3)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.

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

(a)the community thoroughfare; or

(b)the common property.

(5)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.

80   Approval of building units or group titles plan

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

(a)it is satisfied that each lot created has the access mentioned in section 79(4); and

(b)the plan is accompanied by—

(i)the statement mentioned in section 79(2); and

(ii)if applicable—the schedule mentioned in section 79(3); and

(iii)the diagram mentioned in section 79(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 79(4).

(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.

81   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 does not have to make inquiries but may rely on the local government’s approval of the plan.

82   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)The Building Units and Group Titles Act 1980, section 10(1A), 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.

83   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 79(2) and (3) apply to the subdivision of a group title lot by a group titles plan as if it were the subdivision of a community development 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 under section 79(3) in relation to the subdivision of the community development lot by the group titles plan.

(4)Sections 80 and 81 relating to approval by a local government and registration by the registrar of titles apply to a plan mentioned in this section.

84   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.

85   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 6 Subdivision of community development lot by precinct plan

86   Precinct plan

(1)The proprietor of a community development lot may subdivide it by a precinct plan if—

(a)the community development lot is contained within a staged use precinct that is identified in the scheme; or

(b)the proprietor later advises the local government of the proprietor’s intention to develop the precinct within which the community development lot is situated as a staged use precinct.

(2)A precinct plan must subdivide a community development lot into—

(a)a precinct development lot; and

(b)if necessary for access—a precinct property lot.

(3)A precinct plan may subdivide a community development lot into—

(a)more than 1 precinct development lot; and

(b)more than 1 precinct property lot; and

(c)if the lot or lots created do not cover the whole of the community development lot—a balance precinct development lot.

(4)A balance precinct development lot may be later subdivided—

(a)by a precinct plan as if it were a community development lot; or

(b)under section 101; or

(c)by a stratum plan.

(5)A precinct plan subdividing a community development lot must be lodged with the local government.

(6)A precinct plan must—

(a)identify any precinct property; and

(b)be accompanied by a schedule setting out the voting entitlement that applies to each precinct development lot, and any balance precinct development lot, created by the plan.

(7)If a staged use precinct is identified in the application for an approved scheme, the local government and the applicant may agree to defer the payment of contributions towards water supply, sewerage and drainage works until the approval by the local government of the precinct plans that create precinct development lots.

87   Approval of precinct plan

The local government may approve a precinct plan and schedule only if the community plan has previously been approved by it and it is satisfied that—

(a)each precinct development lot has access to—

(i)a dedicated road outside the site; or

(ii)the community thoroughfare;

      whether directly or through the precinct thoroughfare that is, or is to be, constructed on the lot or lots shown on the plan as constituting precinct property; and

(b)the total voting entitlement that is to apply to—

(i)each of the new precinct development lots; and

(ii)any balance precinct development lot;

      equals the voting entitlement that applies to the community development lot being subdivided; and

(c)the provisions of the scheme that apply to the lots on the plan have been complied with; and

(d)the lots on the plan have been, or will be, provided with essential services.

88   Registration of precinct plan

(1)The registrar of titles may register a precinct plan only if—

(a)it is accompanied by a schedule setting out the voting entitlement that applies to each precinct development lot, and any balance precinct development lot, created by the plan; and

(b)the plan and 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.

89   Vesting of precinct property in precinct body corporate

(1)On registration of the precinct plan creating lots comprising the precinct property and registration of the necessary transfer by the registrar of titles, the lots are transferred to the precinct body corporate.

(2)If land that is to become precinct property is mortgaged, the transfer may be registered only if the mortgage has been released.

(3)The registrar of titles must issue certificates of title in the name of the precinct body corporate.

(4)The precinct body corporate must not be required to make any payment or provide any consideration for the transfer.

(5)This section does not affect the operation of section 150.

Division 7 Amalgamation of precinct development lots by precinct plan of amalgamation

90   Precinct plan of amalgamation

(1)The proprietor of 2 or more precinct development lots that previously formed part of the same community development lot may amalgamate the lots by a precinct plan of amalgamation.

(2)The precinct plan of amalgamation must—

(a)be lodged with the local government; and

(b)be accompanied by a schedule setting out the voting entitlement that is to apply to the new precinct development lot.

91   Approval of precinct plan of amalgamation

A local government may approve a precinct plan of amalgamation and schedule only if it is satisfied that—

(a)the voting entitlement that is to apply to the new precinct development lot equals the total voting entitlement that applies to the precinct development lots being amalgamated; and

(b)the provisions of the scheme that apply to the amalgamated lot have been complied with; and

(c)the lot has been, or will be, provided with essential services.

92   Registration of precinct plan of amalgamation

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

(a)it is accompanied by a schedule setting out the voting entitlement that is to apply to the new precinct development lot; and

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

93   Notice of amalgamation

On registration of the precinct plan of amalgamation, the proprietor of the new precinct development lot must give written notice to the precinct body corporate of—

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

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

(c)the description of the precinct development lots amalgamated; and

(d)the description of the new precinct development lot; and

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

Division 8 Subdivision of precinct development lot by precinct plan of subdivision

94   Precinct plan of subdivision

(1)The proprietor of a precinct development lot may subdivide it by a precinct plan of subdivision into—

(a)2 or more precinct development lots; or

(b)1 or more precinct development lots and 1 or more precinct property lots.

(2)The precinct plan of subdivision must—

(a)be lodged with the local government; and

(b)be accompanied by a schedule setting out the voting entitlement that is to apply to each precinct development lot created by the plan.

(3)The proprietor of a precinct development lot may lodge with the local government a precinct plan of subdivision that creates a precinct property lot only if—

(a)details of the proposed subdivision have been set out in a motion given to the members of the precinct body corporate; and

(b)the motion has been carried by comprehensive resolution.

95   Approval of precinct plan of subdivision

A local government may approve a precinct plan of subdivision and schedule only if it is satisfied that—

(a)the total voting entitlement that is to apply to the new precinct development lots equals the voting entitlement that applies to the precinct development lot being subdivided; and

(b)each new precinct development lot has access to—

(i)a dedicated road outside the site; or

(ii)the community thoroughfare;

directly or through the precinct thoroughfare that is, or is to be, constructed on a lot that comprises or lots that together comprise precinct property; and

(c)the provisions of the scheme that apply to the lots on the plan have been complied with; and

(d)the lots on the plan have been, or will be, provided with essential services.

96   Registration of precinct plan of subdivision

(1)The registrar of titles may register a precinct plan of subdivision only if—

(a)it is accompanied by a schedule setting out the voting entitlement that is to apply to each precinct development lot created by the plan; and

(b)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.

97   Notice of subdivision

On registration of the precinct plan of subdivision, the proprietor of a new precinct development lot must give written notice to the precinct body corporate of—

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

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

(c)the description of the precinct development lot subdivided; and

(d)the description of the new precinct development lots; and

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

98   Vesting of precinct property in precinct body corporate

(1)On registration of the precinct plan of subdivision creating lots comprising the precinct property and registration of the necessary transfer by the registrar of titles, the lots are transferred to the precinct body corporate.

(2)If land that is to become precinct property is mortgaged, the transfer may be registered only if the mortgage has been released.

(3)The registrar of titles must issue certificates of title in the name of the precinct body corporate.

(4)The precinct body corporate must not be required to make any payment or provide any consideration for the transfer.

(5)This section does not affect the operation of section 150.

Division 9 Subdivision of precinct development lot or balance precinct development lot by stratum plan under pt 6

99   Stratum plan

(1)The proprietor of a precinct development lot or balance precinct development lot may subdivide it by a stratum plan under part 6 into stratum lots called precinct stratum lots.

(2)The stratum plan must—

(a)be lodged with the local government; and

(b)be accompanied by—

(i)a schedule setting out the voting entitlement that is to apply to each precinct stratum lot created by the stratum plan; and

(ii)a management statement mentioned in part 6.

100   Approval of stratum plan

(1)A local government may approve a stratum plan and schedule only if it is satisfied that—

(a)the total voting entitlement that is to apply to the precinct stratum lots equals the voting entitlement that applied to the precinct development lot or balance precinct development lot being subdivided; and

(b)each new precinct stratum lot has access to—

(i)a dedicated road outside the site; or

(ii)the community thoroughfare; or

(iii)the precinct thoroughfare; and

(c)the provisions of the scheme that apply to the lots on the plan have been complied with; and

(d)the lots on the plan have been, or will be, provided with essential services.

(2)If the local government approves the stratum plan and the schedule, it may also approve the management statement.

(3)For the purposes of this section, access need not be access by road.

Division 10 Subdivision of precinct development lot or balance precinct development lot by building units or group titles plan

101   Subdivision by building units or group titles plan

(1)A precinct development lot may be subdivided only—

(a)under division 8 or 9; or

(b)by a building units or group titles plan.

(2)A balance precinct development lot may be subdivided by a building units or group titles plan.

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

(4)A group titles plan must be accompanied by a statement by the proprietor of the precinct development lot or balance precinct development 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.

(5)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 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.

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

(a)the community thoroughfare; or

(b)a precinct thoroughfare; or

(c)the common property.

(7)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—

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

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

102   Approval of building units or group titles plan

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

(a)it is satisfied that each lot created has the access mentioned in section 101(6); and

(b)the plan is accompanied by—

(i)the statement mentioned in section 101(4); and

(ii)if applicable—the schedule mentioned in section 101(5); and

(iii)the diagram mentioned in section 101(7).

(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 101(6).

(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.

103   Registration of building units or group titles plan

(1)The registrar of titles may register a building units or 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 does not have to make inquiries but may rely on the local government’s approval of the plan.

104   Subdivision of group title lot by a 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)The Building Units and Group Titles Act 1980, section 10(1A), 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 or 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.

105   Subdivision of group title lot by group titles plan

(1)A group title lot may be subdivided by a group titles plan or a building units plan.

(2)Section 101(4) and (5) apply to the subdivision of a group title lot by a group titles plan as if it were the subdivision of a precinct development lot or balance precinct development 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 101(5) in relation to the subdivision of the precinct development lot, or balance precinct development lot, by the group titles plan.

(4)Sections 102 and 103 relating to approval by a local government and registration by the registrar of titles apply to a plan mentioned in this section.

(1)Each member of the body corporate may nominate 1 person for election as a voting member of the executive committee of the body corporate.

(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 169 of this Act—

(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 169 of this Act; or

(c)if the member is a corporation other than a subsidiary body corporate—a director, secretary or other person nominated by the corporation for this section.

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

(1)This section states how a secret ballot required 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, 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 the candidate is not a member of the body corporate or a person appointed by a subsidiary body corporate under section 169—

(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, 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 required 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 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 169—

(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 for a ballot, may watch the count for the ballot.

(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 section 4, 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 names of the members 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 names of the members 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 for the ballot.

Schedule 2 Code of conduct for voting members of executive committees

section 185A(1) and schedule 5, definition code of conduct

1   Commitment to acquiring understanding of Act, including this code

A voting member of the executive committee of a community body corporate or precinct 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 person 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 a community body corporate for a site—the proprietors and occupiers of, and other persons having an estate or interest in, the lots in the site; or

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

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 3 Code of conduct for body corporate managers and caretaking service contractors

section 201V(1) and schedule 5, definition code of conduct

1   Knowledge of Act, including code

A body corporate manager or caretaking service contractor appointed or engaged by a community body corporate or precinct body corporate for a site or precinct must have a good working knowledge and understanding of this Act, including this code of conduct, relevant to the person’s functions under the person’s appointment or engagement.

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 performed 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 site or precinct

9   Conflict of duty or interest

The body corporate manager or caretaking service contractor for a site or precinct must not accept another appointment or engagement if doing so will place the person’s functions or interests as the manager or contractor in conflict with the person’s functions or interests for the other appointment or engagement.

Example of another appointment or engagement—

an appointment as the body corporate manager or an engagement as a caretaking service contractor for another site or precinct

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 4 Code of conduct for letting agents

section 201W and schedule 5, definition code of conduct

1   Honesty, fairness and professionalism

A letting agent must act honestly, fairly and professionally in conducting the letting agent business at a site or precinct 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 community body corporate or precinct body corporate that has given the letting agent’s authorisation; and

(b)individual owners of lots in the site or precinct.

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 site or precinct

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

7   Nuisance

The letting agent must not—

(a)cause a nuisance or hazard at the site or precinct; or

(b)interfere unreasonably with the use or enjoyment of a lot in the site or precinct; or

(c)interfere unreasonably with the use or enjoyment of common property in the site or precinct 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 in the site or precinct.

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 5 Dictionary

section 3

access means access by road.

additional land, in relation to a site, means land outside the site that is added to the site.

applicant, in relation to a mixed use scheme—

(a)if the community plan has not been registered—means the applicant for approval of a scheme, and includes the applicant’s executors, administrators, successors and assigns; or

(b)if the community plan has been registered—means the community body corporate.

approved form means a form approved by the chief executive under section 216.

associate, of a person, means someone else with whom the person is associated under section 214E.

associated body corporate, for part 9, division 1, subdivision 2, see section 166B.

balance precinct development lot of a mixed use scheme means the lot that may remain after a community development lot is subdivided by a precinct plan.

body corporate—

(a)for part 9, see section 166; or

(b)for schedule 1, see schedule 1, section 1.

body corporate manager, for a community body corporate or precinct body corporate, means a person appointed by the body corporate under section 192.

body corporate roll, in relation to a community body corporate or precinct body corporate, means the body corporate roll mentioned in section 178.

boundary adjustment plan means a plan that adjusts the boundary of a lot within the site.

building management committee means the building management committee for a management statement.

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

building units plan has the meaning given by the Building Units and Group Titles Act 1980.

canal has the meaning given by the Canals Act 1958.

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

caretaking service contractor see section 201R.

chief executive ...

chief executive (valuations) ...

code contravention notice, for part 9A, see section 201Z(1).

code of conduct means—

(a)for a voting member of the executive committee of a community body corporate or precinct body corporate—the code in schedule 2; or

(b)for a body corporate manager or caretaking service contractor—the code in schedule 3; or

(c)for a letting agent—the code in schedule 4.

community body corporate, in relation to community development lots and community property lots, means the body incorporated by the registration of the community plan.

community development control by-laws see section 202(1).

community development lot of a mixed use scheme means a lot on the community plan that is not a community property lot.

community facilities of a mixed use scheme means facilities on community property.

community plan, in relation to a mixed use scheme, means the plan or plans subdividing the site into—

(a)at least 1 community development lot; and

(b)at least 1 community property lot.

community plan of amalgamation means a plan for the amalgamation of 2 or more community development lots.

community plan of subdivision means a plan for the subdivision of a community development lot.

community property of a mixed use scheme means the community property lots of the scheme.

community property lot of a mixed use scheme means a lot shown on the community plan as community property.

community thoroughfare of a mixed use scheme means a part of the community property that is to provide access to community development lots.

comprehensive resolution, in relation to a community body corporate or precinct body corporate, means a resolution—

(a)that is passed at a properly convened meeting of the body corporate; and

(b)for which the members that vote in favour have not less than 75% of the voting entitlements recorded in its body corporate roll.

corporation, for part 9, see section 166.

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

electable person see section 166C.

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

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

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

financial year, for a community body corporate or precinct body corporate, means a period in relation to which the body corporate is required under section 177(1)(f) to prepare a statement of accounts.

financier, for part 9A, see section 201S.

floating building means a building constructed or to be constructed on a flotation system that—

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

(b)is not intended for or useable in navigation; and

(c)is or is to be permanently moored.

future development area has the meaning given by section 35.

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

group titles plan has the meaning given by the Building Units and Group Titles Act 1980.

letting agent—

(a)for part 9, division 1, subdivision 2—see section 166B; or

(b)otherwise—see section 201T(1).

letting agent authorisation, for part 9A, see section 201R.

letting agent business see section 201T(2).

majority resolution, for a properly convened general meeting of a community body corporate or precinct 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 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, for part 9A, see section 201R.

management statement has the meaning given by section 133.

mixed use development means a development, or proposed development, that consists of 2 or more different classes of uses.

mixed use scheme means a scheme for a mixed use development approved by the Governor in Council under this Act, and includes any amendments of the scheme and any approval of a subsequent stage.

nominee, of a member of a community body corporate or precinct body corporate, means a person appointed by the member under section 169(1).

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

ordinary resolution means—

(a)for a properly convened general meeting of a community body corporate or precinct body corporate—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 body corporate roll; or

(b)for a properly convened general meeting of a building management committee—a resolution that is passed by the members of the management committee whose voting entitlements total more than 50% of the total of all voting entitlements recorded in the management statement establishing the committee.

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

original owner, for part 9, see section 166.

planning scheme has the meaning given by the Local Government (Planning and Environment) Act 1990.

plan of development of a mixed use scheme means the scale plan, or the amended scale plan, of development for the scheme approved by the relevant local government.

plan of survey of land includes 2 or more plans of survey each relating to a different part of the land and together relating to all of the land.

precinct, of a mixed use scheme—

(a)means generally a part of the site identified in the scheme as a precinct; and

(b)for part 9A, see also section 201R.

precinct body corporate, in relation to a mixed use scheme, means the body incorporated by the registration of a precinct plan subdividing a community development lot.

precinct development control by-laws see section 208(1).

precinct development lot of a mixed use scheme means a lot on a precinct plan that is not a precinct property lot.

precinct facilities of a mixed use scheme means facilities on precinct property.

precinct plan, in relation to a mixed use scheme, means a plan that subdivides—

(a)a community development lot; or

(b)a balance precinct development lot.

precinct plan of amalgamation means a plan for the amalgamation of 2 or more precinct development lots.

precinct plan of subdivision means a plan for the subdivision of a precinct development lot.

precinct property of a mixed use scheme means the precinct property lots of the scheme.

precinct property lot of a mixed use scheme means a lot shown on a precinct plan as precinct property.

precinct property of mixed use scheme ...

precinct thoroughfare of a mixed use scheme means a part of the precinct property that is to provide access to precinct development lots or balance precinct development lots.

proprietor of a lot means the person registered, or entitled to immediate registration, under the Real Property Acts as the proprietor of the lot.

provisional approval means the approval of a future development area.

quay line, in relation to a mixed use scheme, means a line identified in the scheme as a quay line.

Real Property Acts means the Real Property Act 1861 and the Real Property Act 1877.

registered valuer means a valuer registered under the Valuers Registration Act 1992.

relevant body corporate debt means any of the following amounts relating to a lot that are unpaid and have been due for at least 30 days—

(a)a contribution;

(b)a penalty for not paying 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 the exclusive use and control of a car park under a by-law made by a body corporate

•an amount for lawn mowing services arranged by a body corporate on behalf of an owner of a lot

resolution without dissent, in relation to a community body corporate, precinct body corporate or building management committee, means a resolution—

(a)that is passed at a properly convened meeting of the body corporate or committee; and

(b)against which no vote is cast.

restricted property means part of a building or its site, or part of a proposed building or its site, the use of which is restricted by a management statement.

reviewable terms, for part 9A, see section 201R.

review advice, for part 9A, see section 201R.

road means any way that allows the traffic of vehicles that can reasonably be expected to require access over the way.

scheme means a mixed use scheme.

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, for part 9A, see section 201R.

service contractor see section 201U.

service provider, for part 9, division 1, subdivision 2, see section 166B.

site, of a mixed use scheme—

(a)means generally the site of the scheme; and

(b)for part 9A, see also section 201R.

special building means a building—

(a)constructed, or designed to be constructed, on land; and

(b)the foundations of which extend from land above high-water mark to land below high-water mark.

staged use precinct means a precinct that is to be subdivided and developed in stages.

stratum boundary adjustment plan means a plan that provides for minor adjustments to the boundaries of stratum lots.

stratum lot means a lot on a stratum plan that is limited wholly or partly in height or depth, or both.

stratum parcel means a parcel created by the subdivision of a stratum lot by a building units plan.

stratum plan means a plan of subdivision that subdivides land into stratum lots.

stratum plan of amalgamation means a plan that amalgamates 2 or more, or all, stratum lots in a stratum plan.

stratum plan of subdivision means a plan that subdivides a stratum lot into 2 or more stratum lots.

subsequent stage has the meaning given by section 40.

subsidiary body corporate—

(a)of, or in relation to, a community body corporate, means—

(i)a precinct body corporate that is a member of the community body corporate; or

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

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

transfer notice, for part 9A, see section 201ZB(b)(ii).

unanimous resolution, in relation to a community body corporate, precinct body corporate or building management committee, means a resolution—

(a)that is unanimously passed at a properly convened meeting of the body corporate or committee; and

(b)for which all members of the body corporate or committee are present personally or by proxy, or vote in writing, at the time of the motion.

use has the meaning given by the Local Government (Planning and Environment) Act 1990.

voting member, of the executive committee of a community body corporate or precinct body corporate, see section 185A(1).