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…