Sanctuary Cove Resort Act 1985 (Qld)
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Sanctuary Cove Resort Act 1985
An Act relating to the development of ‘Sanctuary Cove Resort’ at Hope Island in the State of Queensland
Part 1 Preliminary
1 Short title
This Act may be cited as the Sanctuary Cove Resort Act 1985.
2 Commencement
(1)This section and section 1 shall commence on the day on which this Act is assented to for and on behalf of Her Majesty.(2)Except as provided by subsection (1), this Act shall commence on a day appointed by proclamation.
3 [Repealed]
3A Sanctuary Cove Resort
For the purposes of this Act, Sanctuary Cove Resort comprises the site and the adjacent site.
4 Definitions
The dictionary in schedule 9 defines particular words used in this Act.
4A Meaning of approved use for a zone or part of a zone
An approved use for a zone or part of a zone is—(a)a use for the zone or part that is approved under a regulation as a use for the zone or part; or(b)if a change of a use for the zone or part is approved under part 2AA, the use for the zone or part as changed and approved under a regulation.
4B Meaning of proposed use plan of the site and adjacent site
(1)The proposed use plan of the site is—(a)the plan of survey of the site that was approved under section 8(4) or (7) as in force immediately before 2 October 2009; or(b)if an amendment of the plan is approved under section 8(2) or 12M—the amended plan for the time being approved.(2)However, if a plan of survey is approved under section 7(4), the proposed use plan of the site is—(a)the plan of survey approved under that subsection; or(b)if an amendment of the plan is approved under section 8(2) or 12M—the amended plan for the time being approved.(3)The proposed use plan of the adjacent site is—(a)the plan of survey of the adjacent site that was approved under section 12D(4) or 12D(7) as in force immediately before 2 October 2009; or(b)if an amendment of the plan is approved under section 12D(2) or 12M—the amended plan for the time being approved.(4)However, if a plan of survey is approved by the local government under section 12C(4), the proposed use plan of the adjacent site is—(a)the plan of survey approved under that subsection; or(b)if an amendment of the plan is approved under section 12D(2) or 12M—the amended plan for the time being approved.(5)To remove any doubt, it is declared that the approval of an amendment of the proposed use plan of the site or adjacent site under section 12M does not limit the later amendment and approval of the plan under section 8(2) or 12D(2).
4C 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 The site and subdivision of the site
Division 1 The site
5 The site
(1)Subject to subsection (2), the site is the area of land shown on the initial plan of survey of the site.(2)If the initial plan of survey is amended under part 2AA by varying the boundary of the site, the site is the area of land shown on the initial plan of survey as amended.(3)Notwithstanding any other Act or law, the site includes land within the boundaries of the site that is or may be or becomes inundated by water or subject to tidal influence and any estate or interest held in that land before the land becomes inundated or became subject to tidal influence is not affected by the inundation or being subject to tidal influence.(4)Despite the Local Government Act 2009, the site forms part of the Gold Coast city local government area constituted under that Act.
6 Grant of Crown land to the company
The power conferred by the Land Act 1962 on the Governor in Council to grant in fee simple any Crown land within Queensland includes power, upon payment of such amount as the Governor in Council determines, to grant Crown land within the site to the company in fee simple in priority to and to the exclusion of all other persons, notwithstanding the provisions of the Land Act 1962.
Division 2 Zones
7 Approval of plan of survey
(1)The primary thoroughfare body corporate may lodge with the local government a plan of survey showing the zones of the site substantially in the form set out in schedule 7.(2)If the local government considers it appropriate that a boundary of a zone shown on the plan should differ from the boundary of the zone as shown in schedule 7, it may require the primary thoroughfare body corporate to lodge an amended plan showing the different boundary.(3)The plan of survey must include a schedule stating—(a)for each of the residential zones, the maximum number of group title lots or building unit lots into which each zone may be subdivided for residential purposes; and(b)the total of the maximum number of, not more than 1,100, group title lots and building unit lots into which all of the residential zones within the site may be subdivided for residential purposes.(4)The local government may approve the plan if it is satisfied—(a)the plan adequately defines the boundaries of all the zones within the site; and(b)the number of building unit lots and group title lots under subsection (3)—(i)is appropriate to the nature of the proposed development of the site; and(ii)is not more than the maximum number under subsection (3)(b).(5)The local government must—(a)keep the proposed use plan; and(b)give a copy of the plan to—(i)the registrar of titles; and(ii)the chief executive.(6)For deciding the number of group title lots or building unit lots into which a particular zone may be subdivided for residential purposes—(a)a group title lot that is subdivided into lots resulting in no area, other than common property, of the lot remaining must not be counted; and(b)the group title lots or building unit lots created from the subdivision must be counted.
8 Amendment of proposed use plan for minor boundary variation
(1)The primary thoroughfare body corporate may lodge with the local government a plan of survey (the amending plan) varying the boundaries of the zones as shown on the proposed use plan of the site.(2)The local government may approve the amending plan if it is satisfied—(a)the plan adequately defines the boundaries of all the zones within the site; and(b)the number of building unit lots and group title lots stated in the schedule included with the plan—(i)is appropriate to the nature of the proposed development of the site; and(ii)is not more than the relevant maximum for the site; and(c)the variation of the boundaries is of a minor nature and does not substantially prejudice the rights of any person.(3)For deciding the number of group title lots or building unit lots into which a particular zone may be subdivided for residential purposes—(a)a group title lot that is subdivided into lots resulting in no area, other than common property, of the lot remaining must not be counted; and(b)the group title lots or building unit lots created from the subdivision must be counted.(4)The local government must—(a)keep the approved amending plan; and(b)give a copy of it to—(i)the registrar of titles; and(ii)the chief executive.(5)In this section—relevant maximum, for the site, means—(a)if the proposed use plan of the site is the proposed use plan under section 4B(1)—900; or(b)if the proposed use plan of the site is the proposed use plan under section 4B(2)—1,100.
9 Town planning provisions
(1)Despite the Planning Act, the local government’s planning scheme under that Act does not apply to the site.(2)However, any agreement entered into by the former Albert Shire Council prior to the commencement of this section shall continue to have force and effect.(3)For the Planning Act, the use of land or a building or other structure in a part of a zone of the site for an approved use for the part is taken to be a lawful use under that Act.(4)A person must not use land, or erect or use a building or other structure, in a part of a zone of the site for a use that is not an approved use for the part.Maximum penalty—20 penalty units.
(5)In this section—erect, in relation to a building or other structure, includes the following—(a)doing work for the purpose of erecting the building or structure;(b)carrying out structural work, alterations or additions or rebuilding the building or structure;(c)moving the building or structure or rebuilding it, with or without alteration—(i)within a parcel of land; or(ii)from one parcel of land to another parcel of land; or(iii)so that part of the building or structure is on a parcel of land and another part of the building or structure is on another parcel of land.
Division 3 Initial subdivision
10 Initial subdivision within the site
(1)Upon the company becoming the proprietor of all land within the site, there shall be lodged with the registrar of titles a plan of survey of the site subdividing the site into—(a)a lot or lots which comprise or together comprise the primary thoroughfare; and(b)lots which together comprise the balance of the land in the site each of which lots shall be wholly within a zone.(2)The registrar of titles shall not register the plan of survey lodged with the registrar pursuant to subsection (1) unless the plan has endorsed thereon the approval of the local government.(3)When the plan of survey is submitted to the local government for its approval, it shall be accompanied by a schedule setting out in respect of each lot within each residential zone the maximum number of group title lots or building unit lots into which that lot may be subdivided for residential purposes.(4)The local government shall not approve the plan of survey unless it is satisfied that the plan fulfils the requirements of subsection (1) and that the maximum number of group title lots or building unit lots into which a zone may be subdivided does not exceed and is not less than 90% of the number specified for that zone in the proposed use plan.(5)The schedule that in accordance with subsection (3) accompanied the plan of survey shall be retained by the local government.(6)A copy of the plan of survey and of the schedule referred to in subsection (3) shall be forwarded to the chief executive.(7)Notwithstanding any other Act, for the purposes of subsection (2), a lot shall be taken to have access to a dedicated road if—(a)in the case of a lot that comprises or forms part of the primary thoroughfare—the primary thoroughfare adjoins a dedicated road;(b)in the case of any other lot—that lot adjoins a lot that comprises wholly or partly the primary thoroughfare.(8)A plan of survey may from time to time be lodged with the registrar of titles—(a)to enable part of the land comprising the primary thoroughfare to cease to be part of the primary thoroughfare and other land to become part of the primary thoroughfare; or(b)to amend the initial plan of survey in accordance with a variation of the boundary of a zone approved by—(i)the local government under section 8(2); or(ii)the Governor in Council under section 12M.(9)The registrar of titles shall not register a plan of survey lodged with the registrar under subsection (8)(a) or (b)(i) unless the plan has endorsed thereon the approval of the local government.(9A)The local government shall not approve a plan of survey to be lodged under subsection (8)(a) or (b)(i) unless it is satisfied that access to any land within the site or the adjacent site will not be restricted or if access is restricted the proprietor of that land consents to that restriction.(9B)A copy of the plan of survey shall be forwarded to the chief executive.(10)Upon registration of a plan of survey lodged with the registrar of titles pursuant to subsection (8), the initial plan of survey as amended by the firstmentioned plan shall become the initial plan of survey.
11 Effect of registration of initial plan of survey
Upon registration by the registrar of titles of the initial plan of survey, then but not otherwise the following sections of this Act (other than of part 2A) shall take effect.
12 Transfer of primary thoroughfare to primary thoroughfare body corporate
(1)The company shall as soon as practicable lodge with the registrar of titles all documents necessary to transfer the lot or lots shown on the initial plan of survey that comprise the primary thoroughfare within the site to the primary thoroughfare body corporate.(1A)The primary thoroughfare body corporate shall not be required to make any payment or provide any consideration for such transfer.(2)Nothing in this section shall operate to relieve the company of its obligation to effect at its expense the initial construction of the primary thoroughfare to the standard prescribed pursuant to section 51.
Part 2A The adjacent site and subdivision of the adjacent site
Division 1 The adjacent site
12A The adjacent site
(1)Subject to subsection (2), the adjacent site is the area of land shown on the initial plan of survey of the adjacent site.(2)If the initial plan of survey of the adjacent site is amended under part 2AA by varying the boundary of the adjacent site, the adjacent site is the area of land shown on the initial plan of survey of the adjacent site as amended.(3)Notwithstanding any other Act or law the adjacent site includes land within the boundaries of the adjacent site that is or may be or becomes inundated by water or subject to tidal influence and any estate or interest held in that land before the land becomes inundated or became subject to tidal influence is not affected by the inundation or being subject to tidal influence.(4)Despite the Local Government Act 1993, the adjacent site forms part of the Gold Coast city local government area constituted under that Act.(5)Subject to subsection (6) but notwithstanding any other provision of this Act, land within the site (as defined in section 5) may, for the purposes of this Act, be treated as being within a zone of the adjacent site if—(a)it abuts land within the adjacent site; and(b)it is zoned for residential use; and(c)its zoning corresponds with that of the land it abuts within the adjacent site; and(d)the land is not already included in a subdivision or resubdivision of the site by means of a building units plan or group titles plan.(6)Where pursuant to subsection (5) land within the site is included in a plan of survey subdividing or resubdividing a secondary lot within the adjacent site by means of a building units plan or group titles plan, the plan shall not be approved if—(a)the aggregate of the areas of the land within the site and included in the plan and of all other land within the site previously treated under subsection (5) as being within the adjacent site exceeds 5ha; or(b)the total number of building unit lots and group title lots permitted within the adjacent site would be exceeded if the plan were to be approved; or(c)the total number of building unit lots and group title lots approved for the relevant zone of the adjacent site would be exceeded if the plan were to be approved.
12B Grant of Crown land to the company
The power conferred by the Land Act 1962 on the Governor in Council to grant in fee simple and Crown land within Queensland includes power, upon payment of such amount as the Governor in Council determines, to grant Crown land within the adjacent site to the company in fee simple and priority to and to the exclusion of all other persons, notwithstanding the provisions of the Land Act 1962.
Division 2 Zones in the adjacent site
12C Approval of plan of survey
(1)The primary thoroughfare body corporate may lodge with the local government a plan of survey showing the zones of the adjacent site substantially in the form set out in schedule 8.(2)If the local government considers it appropriate that a boundary of a zone shown on the plan should differ from the boundary of the zone as shown in schedule 8, it may require the primary thoroughfare body corporate to lodge an amended plan showing the different boundary.(3)The plan of survey must include a schedule stating—(a)for each of the residential zones, the maximum number of group title lots or building unit lots into which each zone may be subdivided for residential purposes; and(b)the total of the maximum number of, not more than 900, group title lots and building unit lots into which all of the residential zones within the site may be subdivided for residential purposes.(4)The local government may approve the plan if it is satisfied—(a)the plan adequately defines the boundaries of all the zones within the adjacent site; and(b)the number of building unit lots and group title lots under subsection (3)—(i)is appropriate to the nature of the proposed development of the adjacent site; and(ii)is not more than the maximum number under subsection (3)(b).(5)The local government must—(a)keep the proposed use plan; and(b)give a copy of the plan to—(i)the registrar of titles; and(ii)the chief executive.(6)For deciding the number of group title lots or building unit lots into which a particular zone may be subdivided for residential purposes—(a)a group title lot that is subdivided into lots resulting in no area, other than common property, of the lot remaining must not be counted; and(b)the group title lots or building unit lots created from the subdivision must be counted.
12D Amendment of proposed use plan for minor boundary variation
(1)The primary thoroughfare body corporate may lodge with the local government a plan of survey (the amending plan) varying the boundaries of the zones as shown on the proposed use plan of the adjacent site.(2)The local government may approve the amending plan if it is satisfied—(a)the plan adequately defines the boundaries of all the zones within the adjacent site; and(b)the number of building unit lots and group title lots stated in the schedule included with the plan—(i)is appropriate to the nature of the proposed development of the adjacent site; and(ii)is not more than the relevant maximum for the adjacent site; and(c)the variation of the boundaries is of a minor nature and does not substantially prejudice the rights of any person.(3)For deciding the number of group title lots or building unit lots into which a particular zone may be subdivided for residential purposes—(a)a group title lot that is subdivided into lots resulting in no area, other than common property, of the lot remaining must not be counted; and(b)the group title lots or building unit lots created from the subdivision must be counted.(4)The local government must—(a)keep the approved amending plan; and(b)give a copy of it to—(i)the registrar of titles; and(ii)the chief executive.(5)In this section—relevant maximum, for the adjacent site, means—(a)if the proposed use plan of the adjacent site is the proposed use plan under section 4B(3)—1,100; or(b)if the proposed use plan of the adjacent site is the proposed use plan under section 4B(4)—900.
12E Town planning provisions
(1)Despite the Planning Act, the local government’s planning scheme under that Act does not apply to the adjacent site.(2)However, any agreement entered into by the former Albert Shire Council prior to the commencement of this section shall continue to have force and effect.(3)For the Planning Act, the use of land or a building or other structure in a part of a zone of the adjacent site for an approved use for the part is taken to be a lawful use under that Act.(4)A person must not use land, or erect or use a building or other structure, in a part of a zone of the adjacent site for a use that is not an approved use for the part.Maximum penalty—20 penalty units.
(4A)Notwithstanding subsection (4), any building or other structure that, immediately before the commencement of section 19 of the Sanctuary Cove Resort Act Amendment Act 1989, was within the administration zone may, on and from that commencement, be used for any purpose for which buildings or structures within the administration zone are permitted to be used until 31 December 1996 or such later date as is declared by order in council made before 31 December 1996.
(5)In this section—erect, in relation to a building or other structure, includes the following—(a)doing work for the purpose of erecting the building or structure;(b)carrying out structural work, alterations or additions or rebuilding the building or structure;(c)moving the building or structure or rebuilding it, with or without alteration—(i)within a parcel of land; or(ii)from one parcel of land to another parcel of land; or(iii)so that part of the building or structure is on a parcel of land and another part of the building or structure is on another parcel of land.
Division 3 Initial subdivision of adjacent site
12F Initial subdivision within the adjacent site
(1)Upon the company becoming the proprietor of all land within the adjacent site, there shall be lodged with the registrar of titles a plan of survey of the adjacent site subdividing the adjacent site into—(a)a lot or lots which comprises or together comprise the primary thoroughfare; and(b)lots which together comprise the balance of the land in the adjacent site each of which lots shall be wholly within a zone.(2)The registrar of titles shall not register the plan of survey lodged with him pursuant to subsection (1) unless the plan has endorsed thereon the approval of the local government.(3)When the plan of survey is submitted to the local government for its approval, it shall be accompanied by a schedule setting out in respect of each lot within each residential zone the maximum number of group title lots or building unit lots into which that lot may be subdivided for residential purposes.(4)The local government shall not approve the plan of survey unless it is satisfied that the plan fulfils the requirements of subsection (1) and that the maximum number of group title lots or building unit lots into which a zone may be subdivided does not exceed and is not less than 90% of the number specified for that zone in the proposed use plan of the adjacent site.(5)The schedule that in accordance with subsection (3) accompanied the plan of survey shall be retained by the local government.(6)A copy of the plan of survey and of the schedule referred to in subsection (3) shall be forwarded to the chief executive.(7)Notwithstanding any other Act, for the purposes of subsection (2), a lot shall be taken to have access to a dedicated road if—(a)in the case of a lot that comprises or forms part of the primary thoroughfare—the primary thoroughfare adjoins a dedicated road;(b)in the case of any other lot—that lot adjoins a lot that comprises wholly or partly the primary thoroughfare.(8)A plan of survey may from time to time be lodged with the registrar of titles—(a)to enable part of the land comprising the primary thoroughfare to cease to be part of the primary thoroughfare and other land to become part of the primary thoroughfare; or(b)to amend the initial plan of survey in accordance with a variation of the boundary of a zone approved by—(i)the local government under section 12D(2); or(ii)the Governor in Council under section 12M.(9)The registrar of titles shall not register a plan of survey lodged with the registrar under subsection (8)(a) or (b)(i) unless the plan has endorsed thereon the approval of the local government.(9A)The local government shall not approve a plan of survey to be lodged under subsection (8)(a) or (b)(i) unless it is satisfied that access to any land within the site or the adjacent site will not be restricted or if access is restricted the proprietor of that land consents to that restriction.(9B)A copy of the plan of survey shall be forwarded to the chief executive.(10)Upon registration of a plan of survey lodged with the registrar of titles pursuant to subsection (8), the initial plan of survey of the adjacent site as amended by the firstmentioned plan shall become the initial plan of survey of the adjacent site.
12G Effect of registration of initial plan of survey of the adjacent site
Upon registration by the registrar of titles of the initial plan of survey of the adjacent site, then but not otherwise the following sections of this Act shall take effect in respect of the adjacent site.
12H Transfer of primary thoroughfare to primary thoroughfare body corporate
(1)The company shall as soon as practicable lodge with the registrar of titles all documents necessary to transfer the lots or lots shown in the initial plan of survey of the adjacent site that comprise the primary thoroughfare within the adjacent site to the primary thoroughfare body corporate.(1A)The primary thoroughfare body corporate shall not be required to make any payment or provide any consideration for such transfer.(2)Nothing in this section shall operate to relieve the company of its obligations to effect at its expense the initial construction of the primary thoroughfare to the standard prescribed pursuant to section 51.
Part 2AA Amendments by application to Minister
12I Amendment applications
(1)The primary thoroughfare body corporate may apply to the Minister under this part for any of the following amendments—(a)changing an approved use for a zone or part of a zone by—(i)replacing the use with a different approved use; or(ii)including an additional approved use for the zone or part;(b)amending the proposed use plan of the site or the proposed use plan of the adjacent site by—(i)replacing a zone name with a different zone name; or(ii)varying the boundary of a zone on the plan, other than a variation to which section 8(2) or 12D(2) applies;(c)amending the initial plan of survey of the site by varying the boundary of the site;(d)amending the initial plan of survey of the adjacent site by varying the boundary of the adjacent site.(2)Each of the plans mentioned in subsection (1)(b) to (d) is a relevant plan.
12J Members to be notified of proposed amendment
(1)Before making the application, the primary thoroughfare body corporate must—(a)give a written notice to each of the members of the primary thoroughfare body corporate and each of the members of the principal body corporate stating—(i)the nature of the proposed amendment; and(ii)a description of each lot to which the proposed amendment relates; and(iii)that a member may give the primary thoroughfare body corporate written submissions about the proposed amendment within a period (the notification period) of at least 30 business days after the notice is given; and(b)for a proposed amendment of a relevant plan, make the proposed amended plan available for inspection by the members of the primary thoroughfare body corporate and the members of the principal body corporate during the notification period; and(c)place, on the subject land, a notice stating—(i)a brief summary of the nature of the proposed amendment and each lot to which the amendment relates; and(ii)the notification period for giving written submissions about the proposed amendment; and(iii)the name and contact details of a person authorised by the primary thoroughfare body corporate to give information about the amendment.(2)The notice under subsection (1)(c) must—(a)be of a type, and placed on the subject land in the way required, under schedule 2; and(b)remain on the subject land during the notification period.
12K Requirements for application
The application must include—(a)a written statement confirming that—(i)a written notice was given to the members under section 12J(1)(a), including the days the notice was given; and(ii)a notice was placed on the subject land under section 12J(1)(c) and (2), including the period during which the notice was on the land; and(b)a copy of the notice given under section 12J(1)(a); and(c)for an amendment of a relevant plan—(i)a written statement confirming the plan was made available for inspection under section 12J(1)(b), including the period during which the plan was available for inspection; and(ii)a copy of the proposed amended plan; and(d)all written submissions given to the primary thoroughfare body corporate under section 12J(1)(a)(iii); and(e)other matters, if any, the Minister considers necessary for deciding the application.
12L Minister to consider application
(1)The Minister must—(a)consider the application including any written submissions included in the application; and(b)consult any local government, department of government or statutory authority that, in the Minister’s opinion, is likely to be affected by the amendment.(2)The Minister may also consult another person, if, in the Minister’s opinion, the person is likely to be affected by the amendment.(3)The Minister must give the Governor in Council—(a)the application; and(b)a written notice stating details of the consultation, if any, under subsection (1)(b) and (2), including—(i)who the Minister consulted; and(ii)the results of the consultation.
12M Decision on application
The Governor in Council may, subject to section 12N—(a)approve the amendment; or(b)approve the amendment with modifications or subject to conditions; or(c)refuse to approve the amendment.
12N Minor variation of site boundaries
(1)This section applies to an amendment of—(a)the initial plan of survey of the site by varying the boundary of the site; or(b)the initial plan of survey of the adjacent site by varying the boundary of the adjacent site.(2)The Governor in Council may approve the amendment only if—(a)the Governor in Council considers—(i)the proposed variation of the boundary is of a minor nature; and(ii)the total area of the site or adjacent site will not be materially changed because of the variation; and(b)neither the aggregate number of the lots on the plan nor the aggregate voting entitlements for the lots will be changed because of the variation; and(c)each affected land owner has given the owner’s written consent to the variation.(3)In this section—affected land owner means an owner of—(a)land that is outside the site and is proposed under the relevant application to be within the site; or(b)land that is outside the adjacent site and is proposed under the relevant application to be within the adjacent site.
12O Approval of change of use for zone or part of zone
If the Governor in Council approves an amendment to change an approved use for a zone or part of a zone, the amendment does not take effect until it has been approved under a regulation.
12P Approval of amendment of relevant plan
(1)This section applies if the Governor in Council approves an amendment of a relevant plan under this part.(2)The chief executive must—(a)notify the approval of the amendment by a gazette notice stating—(i)the amendment that has been approved; and(ii)the modifications, if any, made by the approval and the conditions, if any, to which the approval is subject; and(iii)the places where a copy of the approval is available for inspection; and(b)keep a copy of the approval available for inspection at the office of the chief executive at Brisbane during business hours; and(c)note the approval on the amended plan; and(d)give to the registrar of titles and the local government a copy of—(i)the approved amendment; and(ii)the amended plan endorsed under paragraph (c).(3)The chief executive must, on payment by a person of the reasonable fee decided by the chief executive, give a copy of the amendment to the person.(4)After receiving copies of the documents mentioned in subsection (2)(d), the registrar of titles must register the amended plan.
Part 2B Dealing with land in zones
Division 1 Dealing with land in residential zones
13 Subdivision etc. of land within certain residential zones
(1)An initial lot within a residential zone may only be subdivided in the manner and to the extent prescribed by this section.(2)In a plan of survey subdividing an initial lot, each secondary lot must have access to the primary thoroughfare whether directly or through a lot or lots shown on the plan as constituting a secondary thoroughfare.(2A)For the purposes of determining whether to approve a plan of survey subdividing an initial lot, the local government shall deem any area shown in the plan of survey or the initial plan of survey as being secondary thoroughfare or primary thoroughfare to be dedicated road.(2B)When a plan of survey is submitted to the local government for its approval, it shall be accompanied by a schedule setting out in respect of each secondary lot the maximum number of group title lots or, as the case may be, building unit lots into which that lot may be subdivided for residential purposes.(2C)The local government shall not approve the plan of survey unless it is satisfied that the plan complies with this section and that the total number of lots specified in the schedule accompanying the plan in respect of all secondary lots into which an initial lot is subdivided does not exceed the maximum number of lots specified in respect of that initial lot in the schedule that accompanied the initial plan of survey or, as the case may be, the initial plan of survey of the adjacent site whereby that initial lot was created.(3)The provisions of subsection (2) shall apply in respect of the amalgamation of secondary lots as if the amalgamation were a subdivision of an initial lot comprising the secondary lots being amalgamated and the maximum number of lots into which that lot would have been subdivided was the sum of the maximum number of lots into which each of the lots being amalgamated could have been subdivided.(4)A plan of survey may from time to time be lodged with the registrar of titles to enable part of the land comprising a secondary thoroughfare to cease to be part of the secondary thoroughfare and other land to become part of the secondary thoroughfare.(5)The registrar of titles shall not register a plan of survey lodged with the registrar pursuant to subsection (4) unless the plan has endorsed thereon the approval of the local government.(5A)The local government shall not approve the plan of survey unless it is satisfied that access to any land within the site or the adjacent site will not be restricted or if access is restricted the proprietor of that land consents to that restriction.(5B)A copy of the plan of survey shall be forwarded to the chief executive.(6)Upon registration of a plan of survey lodged with the registrar of titles pursuant to subsection (4), any plan of survey or group titles plan to which the firstmentioned plan of survey relates is deemed to be amended to the extent shown on the firstmentioned plan of survey.
14 Transfer of lots comprising secondary thoroughfares to principal body corporate
(1)Immediately upon registration of a plan of survey subdividing an initial lot or part of an initial lot, the registered proprietor of any lot shown on the plan as a secondary thoroughfare shall lodge with the registrar of titles all documents necessary to transfer that lot to the principal body corporate.(1AA)The principal body corporate shall not be required to make any payment or provide any consideration for such transfer.(1A)Immediately upon registration of a group titles plan subdividing or resubdividing a secondary lot or resubdividing a lot shown on a group titles plan—(a)the registered proprietor of any lot shown on the plan as secondary thoroughfare;(b)where common property is shown on the plan as secondary thoroughfare, the body corporate;shall lodge with the registrar of titles all documents necessary to transfer that lot or, as the case may be, common property to the principal body corporate.
(1B)Upon registration of the principal body corporate as a proprietor of the lot or common property referred to in subsection (1A), that lot or, as the case may be, that common property shall, for the purposes of the Building Units and Group Titles Act 1980, cease to be part of the parcel shown on the group titles plan.(1C)The principal body corporate shall not be required to make any payment or provide any consideration for a transfer pursuant to this subsection.(2)Nothing in this section shall operate to relieve the company of its obligation to effect at its expense the initial construction of the secondary thoroughfare to the standard prescribed pursuant to section 51.
15 Subdivision of secondary lots
(1)A secondary lot within the Harbour 1 Residential Zone, Harbour, River and Waterfront Residential Zone or the General Residential Zone may only be subdivided or resubdivided—(a)for the purpose of the registration of a group titles plan or a building units plan over a lot thereby created—by way of registration of a plan of survey; or(b)by way of registration of a building units plan or a group titles plan.(2)A lot shown on a registered group titles plan referred to in subsection (1) may, subject to compliance with this section, be resubdivided by way of registration of a building units plan or a group titles plan.(3)Notwithstanding the provisions of the Building Units and Group Titles Act 1980, a group titles plan subdividing a secondary lot referred to in subsection (1) or resubdividing a lot shown on a registered group titles plan referred to in subsection (1) or (2) may create a lot or common property shown as secondary thoroughfare.(4)In a group titles plan resubdividing a lot shown on a registered group titles plan referred to in subsection (1) or (2) each lot thereby created must have access to the primary thoroughfare whether directly or indirectly through a lot or lots shown as secondary thoroughfare or through common property.(5)A group titles plan mentioned in subsection (1) or (2) that is submitted to the local government must be accompanied by a diagram showing the name and numbering, or proposed name and numbering, of each road that is, or is to be, on—(a)the primary thoroughfare, or the part of the primary thoroughfare, shown on the plan; and(b)each secondary thoroughfare, or part of a secondary thoroughfare, shown on the plan.(6)Notwithstanding the provisions of section 19 and of section 19 of the Building Units and Group Titles Act 1980, the lot entitlement of a lot on a group titles plan shown as secondary thoroughfare shall be zero and the proprietor of that lot shall not be a member of the body corporate constituted in respect of that plan.(7)If, when a group titles plan subdividing a secondary lot within the Harbour 1 Residential Zone, Harbour, River and Waterfront Residential Zone or the General Residential Zone is submitted to the local government for approval, the plan is accompanied by a statement by or on behalf of the proprietor of the secondary lot that it is proposed to subdivide the group title lots to be created by the registration of that plan by the registration of building units plans—(a)such a building units plan may be approved by the local government and may be registered by the registrar of titles and for that purpose the Building Units and Group Titles Act 1980, section 10(1A), does not apply;(b)the local government shall not approve a group titles plan subdividing such a group titles lot unless, when the plan is submitted to the local government for approval it is accompanied by statement to the like effect.(8)The registration of a building units plan of subdivision pursuant to subsection (7) shall, notwithstanding the provisions of the Building Units and Group Titles Act 1980 take effect as if it were a resubdivision of the original group titles plan.(9)Notwithstanding the provisions of section 27 of the Building Units and Group Titles Act 1980, where a secondary lot that, pursuant to subsection (1), is subdivided by the registration of a group titles plan and a lot in the group titles plan is subdivided by a building units plan pursuant to subsection (7), the body corporate created by the registration of the group titles plan shall be deemed, for the purpose of applying the provisions of that Act, to be a body corporate created by the registration of a building units plan as if the group titles plan were a building units plan.(10)The Building Units and Group Titles Act 1980, section 10(1B) and (6)(b), does not apply to a subdivision under this section.
(11)For the purposes of section 9(7) of the Building Units and Group Titles Act 1980, a plan of subdivision shall be taken to have complied with the requirements of the Local Government Act 1936 as modified by the Building Units and Group Titles Act 1980 in regard to the subdivision if the plan has complied with those requirements as modified by this Act.(12)The provisions of section 9(6) of the Building Units and Group Titles Act 1980 do not apply to any group titles plan in respect of any land within the residential zones.(13)However, the maximum number of group title lots or building unit lots prescribed by this Act into which a parcel of land may be subdivided is not thereby exceeded in respect of that parcel.
15A Plan of survey where variation of boundary approved
(1)Where any variation of the boundaries of the zones has been approved by the local government under section 8(2) or 12D(2) or by the Governor in Council under section 12M, a plan of survey may be lodged with the registrar of titles for the purpose of amending, in accordance with the variation approved, any plan of survey or group titles plan for the subdivision or resubdivision of a secondary lot or any group titles plan for the resubdivision of a lot shown on a group titles plan.(2)The registrar of titles shall not register a plan lodged pursuant to subsection (1) unless it is endorsed with the approval of the local government.(3)However, the endorsement of the approval of the local government is not required on a plan of survey showing a variation of a boundary of a zone that has been approved under section 12M.(4)Upon the registrar of titles approving a plan of survey lodged pursuant to subsection (1), any plan of survey or group titles plan to which the firstmentioned plan of survey relates is deemed to be amended to the extent shown on the firstmentioned plan of survey and a copy of that plan of survey shall be forwarded to the chief executive.
16 Services
In respect of each initial lot and each secondary lot there shall be implied—(a)in favour of the proprietor of the lot and as appurtenant thereto, easements for the passage or provision of services (including water, sewerage, drainage, gas, electricity, garbage and telephone) through or by means of any pipes, poles, wires, cables or ducts to be laid down or erected or which are for the time being existing in or over the primary thoroughfare and the secondary thoroughfare to the extent to which those services are capable of being used in connection with the enjoyment of the lot;(b)as against the principal body corporate and to which the lots comprising the secondary thoroughfare shall be subject, easements for the passage or provision of services (including water, sewerage, drainage, gas, electricity, garbage and telephone) through or by means of any pipes, poles, wires, cables or ducts to be laid down or erected or which are for the time being existing within any of those lots as appurtenant to the initial lots and secondary lots;(c)as against the primary thoroughfare body corporate and to which the lot or lots comprising the primary thoroughfare shall be subject, easements for the passage or provision of services (including water, sewerage, drainage, gas, electricity, garbage and telephone) through or by means of any pipes, poles, wires, cables or ducts to be laid down or erected or which are for the time being existing within any of those lots as appurtenant to the initial lots and secondary lots;but the easements conferred by this section shall not be exercised by any proprietor in such a manner as unreasonably to prevent any other proprietor from enjoying the use and occupation of the proprietor’s lot or the use of the primary thoroughfare or the secondary thoroughfare.
16A Creation of easements over group title lots
(1)Where a multiple dwelling is situated on 2 or more group title lots (whether built before or after the commencement of section 11 of the Sanctuary Cove Resort Act Amendment Act 1989), the proprietor of a lot on which is situated part of the multiple dwelling (which part is intended for separate occupation) shall, in respect of any roofs, eaves, gutters, downpipes or foundations situated wholly or in part on any adjoining lot, be entitled to any shelter, drainage or support capable of being afforded thereby in respect of the proprietor’s lot.(2)The rights created by subsection (1) are easements to which are subject the relevant parts of the multiple dwelling and the lot on which those parts are situated.(3)An easement created by this section shall entitle the proprietor of the dominant tenement to enter the servient tenement and maintain, replace, renew or restore any of the parts of the multiple dwelling that are subject to the easement.(4)An easement created by this section shall not be exercised by the proprietor of a lot in such a manner as unreasonably to prevent any other proprietor from enjoying the use or occupation of the proprietor’s lot.
17 Ancillary rights
All ancillary rights and obligations reasonably necessary to make easements effective shall apply in respect of easements implied or created by this part.
18 Creation of easements
The principal body corporate may by special resolution within the meaning of section 22—(a)execute a grant of easement;(b)accept a grant of easement;(c)surrender a grant of easement;(d)accept the surrender of a grant of easement.
19 Determination of lot entitlements
(1)Notwithstanding the provisions of section 19 of the Building Units and Group Titles Act 1980, where a secondary lot is subdivided or resubdivided by way of a group titles plan or a building units plan, the aggregate lot entitlement of the lots thereby created for residential purposes shall not exceed, and shall be not less than 90% of, the maximum number of lots specified in respect of that secondary lot in the schedule that accompanied the plan of survey whereby that secondary lot was created.(2)The provisions of section 19(2) and (3) of the Building Units and Group Titles Act 1980 do not apply to any subdivision under this division.
20 Subdivision of land where wholly or partly submerged
(1)Notwithstanding that the whole or part of land within an initial lot comprised within the Harbour 1 Residential Zone or the Harbour, River and Waterfront Residential Zone is submerged or subject to inundation or tidal influence, that land may be subdivided by way of a group titles plan of subdivision.(2)However, permanent, above water access is provided from each lot on the group titles plan to the primary thoroughfare or to a secondary thoroughfare, either directly or through common property.
Division 2 Dealing with land in zones other than residential zones
21 Primary thoroughfare deemed to be dedicated road
For the purpose of the subdivision of or other dealing with land within a zone other than a residential zone, the primary thoroughfare shall be deemed to be dedicated road.
21A Subdivision of land outside residential zones
(1)Subject to this section, land within the site or the adjacent site and not within a residential zone may be subdivided in the same manner as land that is neither within the site nor within the adjacent site.(2)The local government shall not approve a plan of subdivision unless satisfied that the plan is consistent with the initial plan of survey of the site or, as the case may be, the initial plan of survey of the adjacent site.(3)A plan of subdivision lodged with the local government under this section must 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.(4)Where the local government approves a plan of subdivision it shall forward a copy of the plan to the chief executive.(5)The registrar of titles shall not register a plan of subdivision unless it contains or is accompanied by a notation under the seal of the local government that the local government is satisfied as required by subsection (2).
Part 3 Principal body corporate
Division 1 Principal body corporate
22 Definitions for pt 3
In this part—executive committee means the executive committee of the principal body corporate constituted under division 2.financial year means a period in relation to which the principal body corporate is required under section 33(1)(f) to prepare a statement of accounts.initial lot means an initial lot within a residential zone.initial lot entitlement, in relation to an initial lot, means the maximum number (specified in the schedule that accompanied the proposed use plan) of group title lots or building unit lots into which that lot may be subdivided.nominee, of a member of the principal body corporate, see section 24(1).original owner, of a secondary lot that has been subdivided by a building unit or group titles plan, means the person who was the registered owner of the lot immediately before it was subdivided by the plan.principal body corporate roll means the roll referred to in section 34 to be maintained by the principal body corporate.proprietor means—(a)for an initial lot or secondary lot—the person registered, or entitled to be registered, under the Land Title Act 1994 as the proprietor of the lot; or(b)for a secondary lot subdivided under a group titles plan or building units plan—the body corporate incorporated under the Building Units and Group Titles Act 1994.Real Property Acts ...secondary lot entitlement, in relation to a secondary lot, means the maximum number (specified in the schedule that accompanied the plan of survey subdividing the relevant initial lot) of group title lots or building unit lots into which the secondary lot may be subdivided.secondary thoroughfare ...special resolution means a resolution which is passed at a duly convened general meeting of the principal body corporate by the members whose lots (whether initial lots, secondary lots, group title lots or building unit lots) have an aggregate lot entitlement of not less than 75% of the aggregate of all lot entitlements recorded in the principal body corporate roll.
23 Principal body corporate
(1)Upon registration of the initial plan of survey, the proprietor or proprietors of all the initial lots within the residential zones of the site shall by virtue of this Act be a body corporate under the name ‘Sanctuary Cove Principal Body Corporate’.(1A)Upon registration of the initial plan of survey of the adjacent site, the proprietor or proprietors of all the initial lots within the residential zones of the adjacent site shall be members of the principal body corporate.(2)When an initial lot is subdivided into secondary lots (whether or not lots for secondary thoroughfares are thereby created), the proprietor of the initial lot shall cease to be a member of the principal body corporate and the proprietor or proprietors of the secondary lots shall become a member or, as the case may be, members of the principal body corporate.(3)When a secondary lot is subdivided by way of a group titles plan or a building units plan, the proprietor of the secondary lot—(a)shall give notice in writing to the principal body corporate of the name and address or service of notices of the body corporate incorporated by the registration of that plan; and(b)shall cease to be a member of the principal body corporate, and the body corporate created by the registration of that plan shall become a member of the principal body corporate.(4)Subdivision or resubdivision of a lot or a lot and common property on a group titles plan by way of a building units plan or a group titles plan does not affect the membership of the principal body corporate.(5)The Corporations Act does not apply to or in respect of the principal body corporate.(6)Subject to this Act, the principal body corporate shall have the powers, authorities, duties and functions conferred or imposed on it by or under this Act, the development control by-laws or the residential zone activities by-laws and shall do all things reasonably necessary for the enforcement of the development control by-laws and the control, management and administration of the secondary thoroughfares.(7)The principal body corporate shall have perpetual succession and a common seal and shall be capable of suing and being sued in its corporate name and shall be regulated in accordance with the principal body corporate by-laws for the time being in force.(8)The principal body corporate may—(a)sue and be sued on any contract made by it;(b)sue for and in respect of any damage or injury to the secondary thoroughfares caused by any person;(c)be sued in respect of any matter connected with the secondary thoroughfares for which as proprietor it is so liable;(d)take such legal action as may be necessary to enforce the development control by-laws and the secondary thoroughfare by-laws.(9)In any case in which work is carried out for the purpose of constructing or preparing a secondary thoroughfare, upon registration of the initial plan of survey or, as the case may be, the initial plan of survey of the adjacent site, the principal body corporate shall be deemed to have been a party to an enforceable contract for the carrying out of such work, and may sue in respect of that contract.(10)Nothing in subsection (9) shall relieve the company from its obligation to pay for the initial construction of secondary thoroughfares to the standard prescribed pursuant to section 51.
24 Member’s nominee
(1)This section applies to a member of the principal body corporate for appointing a person (a nominee) to represent and vote on behalf of the member at meetings of the principal body corporate.(2)A subsidiary body corporate of the principal body corporate—(a)must appoint a nominee at its annual general meeting; and(b)otherwise, may appoint a nominee from time to time.(3)A member of the principal body corporate, other than a subsidiary body corporate, may appoint a nominee from time to time.(4)Subject to section 24A, a nominee appointed by a subsidiary body corporate must be a member of the subsidiary body corporate.(5)The appointment of a nominee has no effect until written notice of the appointment is received by the secretary of the principal body corporate.(6)A nominee appointed by a subsidiary body corporate must represent the subsidiary body corporate—(a)in the way the subsidiary body corporate directs; and(b)subject to paragraph (a), in a way that is in the best interests of the subsidiary body corporate.(7)The appointment of a nominee for a member ends when the first of the following happens—(a)the end of 1 year after the appointment;(b)the secretary of the principal body corporate receives written notice of—(i)the cancellation of the nominee’s appointment; or(ii)the appointment of another nominee for the member.(8)A written notice under subsection (5) or (7)(b) must be signed—(a)for an appointment or cancellation made by a subsidiary body corporate—by the chairperson and secretary of the subsidiary body corporate; or(b)otherwise—by the member.
24A When original owner can not be nominee for subsidiary body corporate
(1)This section applies if more than 50% of the lots created by the registration of a group titles plan or building units plan subdividing a secondary lot are no longer owned by the original owner of the secondary lot.(2)The subsidiary body corporate created by the registration of the plan can not appoint as its nominee—(a)the original owner; or(b)an associate (an ineligible associate) of the original owner who is not 1 of the proprietors constituting the subsidiary body corporate.(3)If the original owner or an ineligible associate of the original owner is already a nominee for the subsidiary body corporate—(a)a general meeting of the subsidiary body corporate must be held within 2 months; and(b)if it is not sooner ended, the owner’s or associate’s appointment as the nominee ends at the next general meeting of the subsidiary body corporate.
25 Seal of principal body corporate
(1)The common seal of the principal body corporate shall be kept—(a)where the principal body corporate is constituted by the company alone—by the company;(b)where the principal body corporate is constituted by 2 or more members—by such member of the principal body corporate or member of the executive committee as the principal body corporate determines or, in the absence of any such determination, by the secretary of the executive committee.(2)The common seal of the principal body corporate shall only be affixed to an instrument or document in the presence of—(a)where the principal body corporate is constituted by 1 or 2 members—that member or those members, as the case may be; or(b)where the principal body corporate is constituted by more than 2 members—such 2 persons, being members of the principal body corporate or members of the executive committee, as the principal body corporate determines or, in the absence of any such determination, the secretary and any other member of the executive committee;who shall attest the fact and date of the affixing of the seal by their signatures.
(3)However, where a member is a body corporate, the common seal affixed in the presence of a person nominated in writing by the body corporate for that purpose and attested by that person as provided in this subsection shall be deemed to have been duly affixed in the presence of that body corporate.
26 Address of principal body corporate
The address for service of notices on the principal body corporate shall upon its incorporation pursuant to section 23 be the address for service of notices of the company.
27 Meetings of principal body corporate
(1)Within 3 months after the registration of the initial plan of survey, the company shall, in the prescribed manner, convene a meeting of the principal body corporate to be held within that period.Maximum penalty—20 penalty units.
(2)The agenda for a meeting convened under subsection (1) shall consist of the following items—(a)to decide whether insurances effected by the principal body corporate should be confirmed, varied or extended;(b)to decide whether any amounts determined under section 33(1)(h) or (2) should be confirmed or varied;(c)where there are more than 3 members of the principal body corporate—to determine the number of members of the executive committee;(d)to elect the chairperson, secretary and treasurer of the principal body corporate and other members of the executive committee;(e)to decide whether to make by-laws regulating, controlling or prohibiting the passage through and conduct and activities of persons on or within all or part of the secondary thoroughfares;(f)to decide whether to make development control by-laws.(3)The meeting convened under subsection (1) shall be the first annual general meeting of the principal body corporate and at such meeting a chairperson, secretary and treasurer shall be elected.(3A)However, a person may be elected to 1 or more of those offices.(4)The company shall not fail or neglect to deliver to the principal body corporate at its first annual general meeting—(a)all plans, specifications, drawings showing water pipes, electric cables and drainage, certificates, diagrams and other documents (including policies of insurance) obtained or received by it and relating to the secondary thoroughfare;(b)if they are in its possession or under its control, the principal body corporate roll, books of account and any notices or other records relating to the secondary thoroughfare;(c)the budget showing the estimated expenditure of the principal body corporate in relation to the secondary thoroughfare on an annual basis;other than documents which exclusively evidence rights or obligations of the company and which are not capable of being used for the benefit of the principal body corporate or any of the members of the principal body corporate, other than the company.
Maximum penalty—20 penalty units.
(4A)The company shall not fail or neglect to deliver to the principal body corporate at or before its annual general meeting first held after the registration of the initial plan of survey of the adjacent site—(a)all plans, specifications, drawings showing water pipes, electric cables and drainage, certificates, diagrams and other documents (including policies of insurance) obtained or received by it and relating to the secondary thoroughfare within the adjacent site;(b)if they are in its possession or under its control, any books of account and notices or other records relating to the secondary thoroughfare within the adjacent site;(c)the budget showing the estimated expenditure of the principal body corporate in relation to the secondary thoroughfare within the adjacent site on an annual basis;other than documents which exclusively evidence rights or obligations of the company and which are not capable of being used for the benefit of the principal body corporate or any of the members of the principal body corporate, other than the company.
Maximum penalty—20 penalty units.
(5)Schedule 2, part 1 of the Building Units and Group Titles Act 1980 in force at the commencement of this Act applies to and in respect of the first annual general meeting of the principal body corporate and voting at that meeting and schedule 2, part 2 of that Act in force at the commencement of this Act applies to and in respect of meetings of the principal body corporate, other than the first annual general meeting, and voting at those meetings.(5A)However, the provisions in those schedules relating to the rights and obligations of mortgagees and mortgagors shall not apply and the application of the Building Units and Group Titles Act 1980, schedule 2, part 2 is subject to schedule 3 and schedule 9, definition ordinary resolution.(5B)The provisions of the schedules referred to in subsection (5) shall, for the purposes of subsection (5), be read and construed as if—(a)references therein to ‘aggregate lot entitlement’ were references to the total of the initial lot entitlements of the initial lots which have not been subdivided into secondary lots and the secondary lot entitlements of the secondary lots;(b)references therein to ‘body corporate’ were references to principal body corporate;(c)references therein to ‘by-laws’ were references to principal body corporate by-laws or development control by-laws;(d)references therein to ‘council’ were references to executive committee;(e)references therein to a ‘lot’ were references to an initial lot or a secondary lot;(f)references therein to ‘lot entitlement’ were references—(i)in the case where a ‘lot’ is an initial lot—to the initial lot entitlement of that lot;(ii)in the case where a ‘lot’ is a secondary lot—to the secondary lot entitlement of that lot;(g)references therein to the ‘original proprietor’ were references to the company;(h)references therein to a ‘proprietor’ were references to a proprietor within the meaning of this part;(i)references therein to the ‘roll’ were references to the principal body corporate roll;(j)references to particular provisions of the Building Units and Group Titles Act 1980 (other than the provisions in those schedules) were references to corresponding provisions of this Act.(5C)When an expression is substituted for an expression used in the Building Units and Group Titles Act 1980 and referred to in subsection (5B), the substituted expression shall, for the purposes of subsection (5B), be read and construed in the same manner as the expression for which it is substituted is required to be read and construed.(6)If a meeting of the principal body corporate is not convened in accordance with subsection (1), the Minister for Justice and Attorney-General may, pursuant to an application by the principal body corporate or any member of the principal body corporate appoint by order a person to convene a meeting of the principal body corporate within such time as may be specified in the order and the meeting convened by that person shall, for the purposes of subsection (3), be deemed to be the meeting convened under subsection (1).(7)At any time after the meeting convened under subsection (1) has been held, the Minister for Justice and Attorney-General may, pursuant to an application made to the Minister for Justice and Attorney-General by a member of the principal body corporate, appoint by order a person, nominated by the member, who has consented to that nomination, if there is not an executive committee, to convene a meeting of the principal body corporate within such time as may be specified in the order and a meeting so convened shall, for the purpose of the election of the chairperson, secretary and treasurer of the principal body corporate and the other members of the executive committee, be deemed to be a first annual general meeting of the principal body corporate.(8)An order made under subsection (6) or (7) may include such ancillary or consequential provisions as the Minister for Justice and Attorney-General thinks fit.(9)Notwithstanding subsection (5), where an order made under subsection (6) or (7) so provides—(a)the person appointed to convene a meeting of the principal body corporate by the order shall preside at the meeting and, while the person so presides, shall be deemed to be the chairperson of the principal body corporate; and(b)notice of that meeting may be given in the manner specified in the order.(10)Notwithstanding that an order has been made under subsection (6) or that a meeting has been convened pursuant to any such order, the company remains liable to the penalty provided by subsection (1) for any failure to comply with that subsection.
28 Secondary thoroughfare by-laws
(1)Subject to subsection (5), the principal body corporate, pursuant to a special resolution, for the purpose of the control, management, administration, use or enjoyment of the secondary thoroughfares, may from time to time make by-laws and may in like manner amend or repeal those by-laws.(2)A secondary thoroughfare by-law has no force or effect until the Minister has approved the by-law and notification of the Minister’s approval has been published in the gazette.(3)A lease of a lot or of any common property where access to the primary thoroughfare is through a secondary thoroughfare shall be deemed to contain an agreement by the lessee that the lessee will comply with the secondary thoroughfare by-laws for the time being in force.(4)Without limiting the operation of any other provision of this Act, the secondary thoroughfare by-laws for the time being in force bind the principal body corporate, each member of the principal body corporate and each registered proprietor and any mortgagee in possession (whether by himself or herself or any other person), lessee or occupier, of a lot within a residential zone to the same extent as if those by-laws had been signed and sealed by the principal body corporate, the members of the principal body corporate and each registered proprietor and each such mortgagee, lessee and occupier respectively and as if they contained mutual covenants to observe and perform all the provisions of those by-laws.(5)No amendment of or addition to a secondary thoroughfare by-law shall be capable of operating to prohibit, destroy or modify any easement, service right or service obligation implied or created by this Act.
29 Levies by principal body corporate on members
(1)The principal body corporate may levy the contributions determined by it in accordance with section 33(1)(h) and the amount (if any) determined pursuant to section 33(2) in respect thereof by serving on its members notice in writing of the contributions payable by them.(2)Contributions levied by the principal body corporate shall be levied in respect of—(a)each initial lot which has not been subdivided into secondary lots; and(b)each secondary lot;and shall be payable, subject to this section, by the proprietors of those initial lots and secondary lots in shares proportional to the initial lot entitlements or, as the case may be, secondary lot entitlements of their respective lots at the time when the contribution was levied.
(3)In respect of a contribution levied under subsection (1), a proprietor of an initial lot or a secondary lot is liable, jointly and severally with any person who was liable to pay that contribution when that proprietor became the proprietor of that initial lot or, as the case may be, that secondary lot, to pay such part of that contribution as was unpaid when the proprietor became the proprietor of that lot.(4)A contribution levied in respect of an initial lot or a secondary lot under this section—(a)becomes due and payable to the principal body corporate in accordance with the decision of the principal body corporate to make the levy; and(b)if paid within 30 days after the date when it becomes due and payable shall be reduced by that part of the contribution attributable to the amount determined pursuant to section 33(2) (if any); and(c)may be recovered, as a debt, by the principal body corporate in any court of competent jurisdiction.(5)Nothing in this section shall be construed to prevent the principal body corporate, in general meeting, either generally or in a particular case, determining that a contribution may be reduced as provided in subsection (4)(b) notwithstanding that the contribution is not paid as prescribed in that subsection.
30 Change of principal body corporate’s address
(1)The principal body corporate may, in general meeting, decide that the address for the service of notices on the principal body corporate shall be changed.(2)Upon giving notice in writing to the Minister and to the Minister for Justice and Attorney-General and notification by the Minister in the gazette of the change of address, the address for service of notices on the principal body corporate shall, notwithstanding any other provision of this Act, be the address so notified.
31 Power of entry
(1)For the purpose of carrying out—(a)any work required to be carried out by the principal body corporate by a notice served on it by a public or local government;(b)any work referred to in section 33(1)(b);the principal body corporate may, by its agents, servants or contractors, enter upon any part of the secondary thoroughfare for the purpose of carrying out the work—
(c)in the case of an emergency—at any time;(d)in any other case—at any reasonable time on notice given to any occupier of a lot likely to be affected thereby.(1A)For the purposes of subsection (1)(d), a proprietor of a lot, being a lot on a group titles plan or a building units plan, shall be taken to have been given notice if the notice is duly given to the body corporate incorporated by the registration of that plan.(2)A person shall not obstruct or hinder the principal body corporate in the exercise of its power under subsection (1).Maximum penalty—4 penalty units.
32 Miscellaneous powers of principal body corporate
The principal body corporate may do any of the following—(a)invest any moneys held by it in any manner permitted by law for the investment of trust funds or in any prescribed investment;(b)borrow moneys and secure the repayment thereof and of any interest in such manner as may be agreed upon by the principal body corporate and the lender;(c)enter into an agreement for the provision of amenities or services by it or any other person to any lot or to the proprietor or occupier thereof or to any parcel comprised in a building units plan or a group titles plan;(d)acquire and hold any personal property to facilitate the carrying out of its duties;(e)employ staff to perform its functions.
33 Duties of principal body corporate
(1)The principal body corporate shall—(a)control, manage and administer the secondary thoroughfare for the benefit of its members; and(b)properly maintain and keep in a state of good and serviceable repair—(i)the secondary thoroughfare, including any improvements thereon;(ii)any personal property vested in it; and(c)effect insurance in accordance with section 37; and(d)cause proper records to be kept of notices given to the principal body corporate under this or any other Act and of any orders made by a court and served on the principal body corporate; and(e)keep—(i)for at least 10 years after their creation or receipt by or for the principal body corporate—(A)minutes of its meetings, including particulars of motions passed at the meetings; and(B)proper books of account for amounts received or paid by the principal body corporate showing the items for which the amounts were received or paid; and(ii)for at least 2 years after their creation or receipt by or for the principal body corporate—voting tally sheets or other records showing votes for motions and election ballots related to its meetings; and(f)cause to be prepared, from the books referred to in paragraph (e), a proper statement of accounts of the principal body corporate in respect of each period commencing on the date of its incorporation or the date up to which the last previous such statement was prepared and ending on a date not earlier than 2 months before each annual general meeting; and(g)cause an annual general meeting to be held each year on or after the anniversary of the annual general meeting held in 1990 but not later than 2 months after that anniversary; and(h)not later than 14 days after its incorporation and from time to time thereafter, determine the amounts necessary in its opinion to be raised by way of contributions for the purpose of meeting its actual or expected liabilities incurred or to be incurred under paragraph (b) or for the payment of insurance premiums, rates or any other liability of the principal body corporate, other than amounts referred to in paragraph (1); and(i)upon first determining the amounts referred to in paragraph (h), establish a fund into which shall be paid all amounts received by it, including the proceeds of the sale or other disposal of any personal property of the principal body corporate and any fees received by it under section 36 and into which may be paid any amounts paid to the principal body corporate by way of discharge of insurance claims; and(j)from time to time, levy, in accordance with section 29, on each person liable therefor a contribution to raise the amounts referred to in paragraph (h); and(k)pay any moneys referred to in paragraph (i) that are received by it and are not otherwise invested in accordance with section 32(a) into an account established in a financial institution in the name of the principal body corporate; and(l)if the principal body corporate—(i)becomes liable to pay any moneys that it is unable to pay forthwith; and(ii)is not required, under paragraph (j), to levy contributions to meet the liability;levy, in accordance with section 29, contributions to raise those moneys; and
(m)implement the decisions of the principal body corporate.(2)The principal body corporate from time to time may in respect of contributions determined in accordance with subsection (1)(h) or contributions referred to in subsection (1)(l) determine by special resolution, for the purposes of section 29, an amount being not greater than 10% of those contributions.(3)The principal body corporate shall not disburse any moneys from its fund, otherwise than for the purpose of carrying out its powers, authorities, duties and functions under this Act, the development control by-laws or secondary thoroughfare by-laws or meeting any liability referred to in subsection (1)(l).(4)A determination made by the principal body corporate under subsection (1)(h) may specify that the amounts to be raised shall be raised by such regular periodic contributions as may be specified in the determination.
34 Principal body corporate roll
(1)The principal body corporate shall prepare and maintain a roll in accordance with this section.(2)The principal body corporate shall record in the principal body corporate roll the following information—(a)in respect of each initial lot which has not been subdivided into secondary lots—the initial lot entitlement;(b)in respect of each secondary lot—the secondary lot entitlement;(c)the total of the initial lot entitlements and secondary lot entitlements referred to in paragraphs (a) and (b);(d)the name and address for service of notices on each member of the principal body corporate;(e)the name and address of any person appointed (in writing addressed to the principal body corporate) by any member of the principal body corporate to represent that member at meetings of the principal body corporate.(3)The principal body corporate shall record and maintain in the principal body corporate roll—(a)a copy of the development control by-laws for the time being in force; and(b)a copy of the secondary thoroughfare by-laws for the time being in force.
35 Notices to be given by proprietors
(1)The company and any person who, under this section, has given notice of an address for the service of notices on the company or person shall give notice in writing to the principal body corporate of an address or change of address for the service of notices on the company or person.(2)After delivery to a transferee of an initial lot or a secondary lot of an instrument or instruments of transfer in the name of the transferee duly executed and capable of immediate registration, the transferor shall give to the principal body corporate written notice which shall identify the lot and—(a)specify the name of the transferee in full, the address for the service of notices on the transferee, the address for the service of notices on the transferor and the date upon which the instrument was or instruments were so delivered; and(b)bear written confirmation by the transferee of the accuracy of the information contained in the notice.(2A)Where a transferor of an initial lot or a secondary lot fails to comply with subsection (2), the transferee of that lot may give to the principal body corporate written notice which shall identify the lot and specify the transferee’s name in full, address for service of notices and the date upon which the instrument was or instruments were delivered to the transferee.(3)After a person becomes entitled, otherwise than as a transferee, to be registered under the Land Title Act 1994 as the proprietor of an initial lot or a secondary lot, the person shall give to the principal body corporate written notice, in the form of a statutory declaration, which shall identify the lot and specify—(a)by what right the person became entitled to the lot; and(b)the person’s name, in full, the address for the service of notices on the person and the date upon which the person became entitled to the lot.(4)Where—(a)the principal body corporate believes that a person is required, under this section, to give a notice to it; and(b)the principal body corporate has not received that notice;the principal body corporate may serve a notice on that person specifying the capacity in which it believes the person is required to give the notice and requiring the person—
(c)to state, within 14 days, whether or not the person is required to give a notice in that capacity; and(d)if the person is so required, to give that notice.(5)Where the principal body corporate has served a notice under subsection (4) on a person whom it believes is required to give a notice to the principal body corporate under this section that person is not entitled to cast a vote at any meeting of the principal body corporate until the person gives the required notice.(6)A vote cast at a meeting of the principal body corporate by or on behalf of a body corporate has no effect unless the principal body corporate has been given notice in writing specifying the nominee of the body corporate.(7)A notice referred to in subsection (6) may be included in any other notice that the body corporate to which it relates or any other person is entitled under this section to give to the principal body corporate.
Note—
See, for example, section 7 (Election of ordinary members of executive committee).(2)A ballot for membership of the executive committee must be a secret ballot unless the body corporate decides by ordinary resolution that the election be held by open ballot.(3)The value of any vote able to be cast for a lot included in the resort or a part of the resort for choosing a member of the executive committee is the same as the value of the vote able to be cast for each other lot included in the resort or part.
3 Nomination procedures for election of executive committee other than at first annual general meeting [SM, s 16]
(1)This section states how individuals are nominated for election at the body corporate’s annual general meeting, other than the first annual general meeting, as a voting member of the executive committee.(2)The secretary must serve a notice on each member of the body corporate—(a)inviting nomination for the members of the executive committee; and(b)stating that a nominated person is not eligible to be a voting member of the executive committee if, when the members of the executive committee are chosen, the person owes a body corporate debt in relation to a lot or lots owned by the person.(3)The notice must be given at least 3 weeks before, but not earlier than 6 weeks before, the end of the body corporate’s financial year.(4)Nominations must comply with section 4 and must be given to the secretary by the end of the body corporate’s financial year.(5)As soon as practicable after receiving a nomination under this section from a candidate for election, the secretary must forward written notice to the candidate acknowledging the nomination has been received.
4 Requirements for nominations [SM, s 18]
(1)Each member of the body corporate may nominate 1 person for election as a voting member of the executive committee.(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 24 or 67—(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 24 or 67; or(c)if the member is a corporation other than a subsidiary body corporate—a director, secretary or other nominee of the corporation.
5 Conduct of elections for executive committee by secret ballot [SM, 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 this schedule, state the names of the properly nominated candidates in alphabetical order of family name, showing—(a)after each name, a blank space for voting purposes; and(b)the eligibility category for each candidate; and(c)if the candidate is not a member of the body corporate or a person appointed by a subsidiary body corporate under section 24 or 67—(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 24 or 67—(i)the candidate’s residential or business address; and(ii)the name of the member who nominated the candidate; and(d)details of any payment to be made to, or to be sought by, the candidate from the body corporate for the candidate carrying out the duties of an executive committee member.(6)The secretary must forward the ballot papers, and an envelope marked ‘ballot paper’ self-addressed to the secretary, with the notices for the annual general meeting.(7)To vote, a person must—(a)for a ballot for the position of chairperson, secretary or treasurer—place a mark in the space opposite the name of the candidate the person wishes to vote for; and(b)for a ballot for the ordinary members’ positions—place a mark in each of the spaces opposite the names of however many candidates the person wishes to vote for; and(c)sign each ballot paper the voter completes; and(d)on each completed ballot paper, write the name of the member for whom the vote is exercised; and(e)if the ballot paper is not completed at the annual general meeting—(i)place the ballot paper in the ballot paper envelope supplied by the secretary; and(ii)seal the envelope, and write on the back of the envelope the name mentioned in paragraph (d); and(iii)give the ballot paper envelope to the secretary, or forward it to the secretary so that the secretary receives it, before or at the annual general meeting; and(f)if the ballot paper is completed at the annual general meeting—give the ballot paper to the secretary before or at the meeting.(8)When a ballot is held—(a)a voter who has not submitted a vote for the ballot may ask the secretary for a ballot paper, and vote in the way this section provides; and(b)a voter who wishes to withdraw a vote already made for the ballot and submit a replacement vote, may, if the vote already made can be readily identified and withdrawn, ask the secretary for a ballot paper and vote in the way this section provides.(9)All completed ballot papers received before the annual general meeting ends are to be held in the custody of the secretary.
7 Election of ordinary members of executive committee [SM, s 23]
(1)A person nominated as an ordinary member of the executive committee becomes an ordinary member of the committee under section 11 on the basis of the nomination unless it is necessary to have a ballot.(2)It is necessary to have a ballot for ordinary members of the executive committee if the number of persons nominated for ordinary member positions (other than a person who becomes an executive member of the executive committee), plus the number of executive members of the executive committee, is more than the required number of members for the executive committee.
8 Conduct of ballot—general requirements [SM, s 24]
(1)Any items of business about the election of members of the executive committee that are on the agenda for an annual general meeting must be conducted as the last items of business for the meeting.(2)The election of members takes effect immediately after the close of the meeting at which they are elected.(3)The ballots for the positions on the executive committee for which ballots are required must be conducted in the following order—•chairperson•secretary•treasurer•ordinary members.(4)Each ballot may proceed to the count only after the person chairing the meeting has allowed enough time for votes to be cast and announced the close of the ballot.(5)Each candidate for a ballot, and any scrutineer appointed by the candidate, may watch the count.(6)The secretary must pass any ballot papers, particulars envelopes and ballot paper envelopes for the ballot to the person chairing the meeting for counting.
9 Conduct of ballot—scrutiny of votes [SM, s 25]
(1)If a ballot for positions on the executive committee is an open ballot, the person chairing the meeting must—(a)confirm, by a scrutiny of the details on the back of each ballot paper envelope or each ballot paper itself, that the ballot paper is the vote of a person who has the right to vote in the election; and(b)if a ballot paper is in a ballot paper envelope—take the ballot paper out of the envelope.(2)If a ballot for positions on the executive committee is a secret ballot, the person chairing the meeting must—(a)confirm, by a scrutiny of the details on each particulars envelope or particulars tab, that the ballot paper is the vote of a person who has the right to vote in the election; and(b)take the ballot paper envelope out of the particulars envelope, or detach the particulars tab from the ballot paper envelope; and(c)place the ballot paper envelope in a receptacle in open view of the meeting; and(d)after paragraph (c) has been complied with for all ballot paper envelopes, randomly mix the envelopes; and(e)take each ballot paper out of its envelope.(3)The person chairing the meeting must record the count of votes in each ballot in the minutes of the meeting.(4)The person chairing the meeting may delegate a function under subsection (1) or (2) in relation to a ballot for a position on the executive committee to a person attending the meeting who is not a candidate for the position and who the person chairing the meeting considers has sufficient independence.
10 Conduct of ballot—deciding executive member positions [SM, s 26]
(1)If only 1 person is nominated for the position of chairperson, secretary or treasurer, the person chairing the meeting, if satisfied the nomination complies with this schedule, must declare the person to have been elected unopposed.(2)If, for the position of chairperson, secretary or treasurer, there has been no nomination, the person chairing the meeting—(a)must invite nominations for the position at the meeting; and(b)must accept nominations that are made in either of the following ways—(i)by members of the body corporate who are personally present or represented at the meeting;(ii)in writing, by members of the body corporate not personally present or represented at the meeting.(3)A member of the body corporate may nominate, under subsection (2), not more than 1 person for the position.(4)To remove any doubt, it is declared that the member may make the nomination whether or not the member made a nomination under section 3 for an ordinary member’s position on the executive committee.(5)If more than 1 person has nominated for a position, a ballot is conducted, and the person who receives the highest number of votes is declared elected.(6)If, on a counting of votes, 2 or more persons each receive an identical number of votes, and no other candidate receives a higher number of votes, the result must be decided between the 2 or more persons by chance in the way the meeting decides.
11 Conduct of ballot—deciding ordinary member positions [SM, s 27]
(1)The positions of the ordinary members of the executive committee are decided only after the executive member positions on the executive committee are filled.(2)A person’s nomination for a position as an ordinary member has no effect if the person is elected as an executive member of the executive committee, even if the person’s name appears on a ballot for ordinary members forwarded before the meeting.(3)If the number of candidates nominated for ordinary member positions, plus the number of executive members of the executive committee, is not more than the required number of members for the executive committee, the person chairing the meeting, if satisfied the nominations for the ordinary member positions comply with this schedule, must declare the candidates to have been elected as ordinary members.(4)However, if the number of candidates nominated for ordinary member positions, plus the number of executive members of the executive committee, is less than the required number of members for the executive committee, the person chairing the meeting must invite nominations at the meeting for the number of ordinary member positions necessary to bring the total number of all executive committee members to not more than the required number of members for the executive committee.(5)The person chairing the meeting—(a)must invite nominations for the position or positions at the meeting; and(b)must accept nominations that are made in either of the following ways—(i)by members of the body corporate who are personally present or represented at the meeting;(ii)in writing, by members of the body corporate not personally present or represented at the meeting.(6)A member of the body corporate may nominate, under subsection (5), not more than 1 person for all ordinary member positions for which nominations are invited.(7)To remove any doubt, it is declared that the member may make the nomination whether or not the member made a nomination under section 3 for a position on the executive committee.(8)If the number of candidates nominated for ordinary member positions, plus the number of executive members of the executive committee, is more than the required number of members for the executive committee, the person chairing the meeting must proceed with the scrutiny of the ballot papers relating to the ordinary member positions.(9)The persons who receive the highest numbers of votes, in descending order until the executive committee numbers the required number of members for the executive committee, must be declared elected as the ordinary members.(10)If, on a counting of votes, 2 or more persons each receive an identical number of votes and the number of persons to be elected would be exceeded if the 2 or more persons were declared elected, the result of the ballot must be decided between the 2 or more persons by chance in the way the meeting decides.(11)For the counting of votes for positions of ordinary members of the executive committee on ballot papers completed before the annual general meeting, a mark against the name of each person who has already been elected to an executive member position is void.
12 Conduct of ballot—declaration of voting results [SM, s 28]
(1)The person chairing an annual general meeting must declare the result of an election.(2)When declaring the result of an election, the person chairing the meeting must state the number of votes cast for each candidate.(3)The number of votes cast for each candidate must be recorded in the minutes of the meeting.(4)The voting tally sheet kept for the meeting must include, for each ballot that is an open ballot under section 6—(a)a list of the votes, identified by the name of the member on whose behalf the votes were cast, rejected as informal; and(b)for each vote rejected—the reason for the rejection; and(c)the total number of votes counted for each candidate.(5)The voting tally sheet kept for the meeting must include, for each ballot that is a secret ballot under section 5—(a)a list of the votes, identified by the name of the member on whose behalf the votes were cast, rejected from the count before the enclosing ballot paper envelopes were opened; and(b)a list of the votes taken out of ballot paper envelopes for counting, but rejected as informal; and(c)for each vote rejected—the reason for the rejection; and(d)the total number of votes counted for each candidate.(6)The voting tally sheet may be inspected at the meeting by any of the following persons—(a)a person who is a voter for the meeting;(b)a candidate;(c)the returning officer, if any, appointed by the body corporate for the meeting;(d)the person chairing the meeting;(e)a scrutineer appointed by a candidate under section 8.
Schedule 4 Code of conduct for voting members of executive committees
sections 41A and 85A and schedule 9, definition code of conduct
1 Commitment to acquiring understanding of Act, including this code
A voting member of the executive committee of the primary thoroughfare body corporate or principal body corporate must have a commitment to acquiring an understanding of this Act, including this code of conduct, relevant to the member’s role on the executive committee.
2 Honesty, fairness and confidentiality
(1)The voting member must act honestly and fairly in performing the member’s functions as a voting member.(2)The voting member must not unfairly or unreasonably disclose information held by the body corporate, including information about an owner of a lot, unless authorised or required by law to do so.
3 Acting in best interests of body corporate and persons with estate or interest in lots
Unless it is unlawful to do so, the voting member must, in performing the member’s functions as a voting member, act in the best interests of—(a)the body corporate; and(b)either—(i)for a voting member of the executive committee of the primary thoroughfare body corporate—the proprietors and occupiers of, and other persons having an estate or interest in, the lots in the site and the adjacent site; or(ii)for a voting member of the executive committee of the principal body corporate—the proprietors and occupiers of, and other persons having an estate or interest in, the lots in the residential zones.
4 Complying with Act and this code
The voting member must take reasonable steps to ensure the member complies with this Act, including this code, in performing the member’s functions as a voting member.
5 Conflict of interest
The voting member must disclose to the executive committee any conflict of interest the member may have in a matter before the executive committee.
Schedule 5 Code of conduct for body corporate managers and caretaking service contractors
section 94E and schedule 9, definition code of conduct
1 Knowledge of Act, including code
A body corporate manager or caretaking service contractor appointed or engaged by the primary thoroughfare body corporate or principal body corporate must have a good working knowledge and understanding of this Act, including this code of conduct, relevant to the person’s functions.
2 Honesty, fairness and professionalism
(1)The body corporate manager or caretaking service contractor must act honestly, fairly and professionally in performing the person’s functions under the person’s appointment or engagement.(2)The body corporate manager must not attempt to unfairly influence the outcome of an election for the executive committee of the body corporate.
3 Skill, care and diligence
The body corporate manager or caretaking service contractor must exercise reasonable skill, care and diligence in performing the person’s functions under the person’s appointment or engagement.
4 Acting in body corporate’s best interests
The body corporate manager or caretaking service contractor must act in the best interests of the body corporate unless it is unlawful to do so.
5 Keeping body corporate informed of developments
The body corporate manager or caretaking service contractor must keep the body corporate informed of any significant development or issue about an activity 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 resort
9 Conflict of duty or interest
The body corporate manager or caretaking service contractor for the resort or part of the resort must not accept an appointment or engagement (the second appointment or engagement) if doing so will place the person’s functions or interests for the resort or part in conflict with the person’s functions or interests for obligations under the second appointment or engagement.Example of a second appointment or engagement—
an appointment as the body corporate manager or an engagement as a caretaking service contractor for another scheme
10 Goods and services to be supplied at competitive prices
The body corporate manager or caretaking service contractor must take reasonable steps to ensure goods and services the person obtains for or supplies to the body corporate are obtained or supplied at competitive prices.
11 Body corporate manager to demonstrate keeping of particular records
If the body corporate or its executive committee gives the body corporate manager a written request to show that the manager has kept the body corporate records as required under this Act, the manager must comply with the request within the reasonable period stated in the request.
Schedule 6 Code of conduct for letting agents
section 94F and schedule 9, definition code of conduct
1 Honesty, fairness and professionalism
A letting agent for the resort or part of the resort must act honestly, fairly and professionally in conducting the letting agent’s business under the letting agent’s authorisation.
2 Skill, care and diligence
The letting agent must exercise reasonable skill, care and diligence in conducting the letting agent business under the letting agent’s authorisation.
3 Acting in body corporate’s and individual lot owner’s best interests
Unless it is unlawful to do so, the letting agent must, as far as practicable, act in the best interests of—(a)the body corporate that has given the letting agent’s authorisation; and(b)individual owners of lots in the resort or part.
4 Ensuring employees comply with Act and code
The letting agent must take reasonable steps to ensure an employee of the letting agent complies with this Act, including this code, in conducting the letting agent business under the letting agent’s authorisation.
5 Fraudulent or misleading conduct
The letting agent must not engage in fraudulent or misleading conduct in conducting the letting agent business under the letting agent’s authorisation.
6 Unconscionable conduct
The letting agent must not engage in unconscionable conduct in conducting the letting agent business under the letting agent’s authorisation.Examples of unconscionable conduct—
•taking unfair advantage of the person’s position as letting agent relative to the body corporate or the owner of a lot in the resort•exerting undue influence on, or using unfair tactics against, the body corporate or the owner of a lot in the resort
7 Nuisance
The letting agent must not—(a)cause a nuisance or hazard at the resort; or(b)interfere unreasonably with the use or enjoyment of a lot in the resort; or(c)interfere unreasonably with the use or enjoyment of the common property by a person who is lawfully on the common property; or(d)otherwise behave in a way that unreasonably affects a person’s lawful use or enjoyment of a lot or common property.
8 Goods and services to be supplied at competitive prices
The letting agent must take reasonable steps to ensure goods and services the letting agent obtains for or supplies to the body corporate are obtained or supplied at competitive prices.
Schedule 7 Zones of the site
section 7(1)
Schedule 8 Zones of the adjacent site
section 12C(1)
Schedule 9 Dictionary
section 4
adjacent site see section 12A.
Albert Shire Council ...
approved use, for a zone or part of a zone, see section 4A.
associate, of a person, means someone else with whom the person is associated under section 104D.
body corporate, for schedule 3, see schedule 3, section 1.
body corporate manager—
(b)of the principal body corporate—means a person appointed by the body corporate under section 47AB; or
(b)of the primary thoroughfare body corporate—means a person appointed by the body corporate under section 91AB.
building unit lot means a lot shown on a building units plan.
building units plan means a building units plan within the meaning of the Building Units and Group Titles Act 1980.
canal see the Coastal Protection and Management Act 1995, schedule.
candidate, for schedule 3, see schedule 3, section 1.
caretaking service contractor see section 94A.
code contravention notice see section 94I(1).
code of conduct means—
(a)for a voting member of the executive committee of the primary thoroughfare body corporate or principal body corporate—the code in schedule 4; or
(b)for a body corporate manager or caretaking service contractor—the code in schedule 5; or
(c)for a letting agent—the code in schedule 6.
Commercial and Consumer Tribunal means the tribunal of that name established under the Commercial and Consumer Tribunal Act 2003.
company means Discovery Bay Developments Pty Ltd being a company duly incorporated in Queensland and having its registered office at c/- Messrs Robert Lehn & Co, First Floor, 3290 Gold Coast Highway, Surfers Paradise and includes its successors and assigns.
development control by-laws means the development control by-laws in force for the time being pursuant to section 95.
eligibility category, for schedule 3, see schedule 3, section 1.
executive committee, for schedule 3, see schedule 3, section 1.
executive member, for schedule 3, see schedule 3, section 1.
financial year—
(a)for the principal body corporate, see section 22; or
(b)for the primary thoroughfare body corporate, see section 65.
financier, for a letting agent’s contract, see section 94B.
former Albert Shire Council means the local government of that name that was constituted under the repealed Local Government Act 1993 or its successors in law.
group title lot means a lot shown on a group titles plan.
group titles plan means a group titles plan within the meaning of the Building Units and Group Titles Act 1980.
initial lot means a lot shown on the initial plan of survey or initial plan of survey of the adjacent site other than a lot that comprises the whole or part of the primary thoroughfare.
initial plan of survey, except where followed by the words ‘of the adjacent site’, means the plan of survey for the time being registered by the registrar of titles under section 10 or 12P(4).
initial plan of survey of the adjacent site means the plan of survey for the time being registered by the registrar of titles under section 12F or 12P(4).
Integrated Planning Act ...
letting agent see section 94C(1).
letting agent authorisation see section 94A.
letting agent business see section 94C(2).
local government means the local government for the local government area in which the site and adjacent site are situated.
majority resolution, for a duly convened general meeting of the primary thoroughfare body corporate or principal body corporate, means a resolution on a motion—
(a)for which only 1 written vote may be exercised, other than by proxy, for each lot mentioned in the relevant body corporate roll; and
(b)that is passed only if the votes counted for the motion are more than 50% of the lots for which persons are entitled to vote on the motion.
management rights, of a letting agent for the resort or part of the resort, see section 94A.
Minister means the Minister of the Crown for the time being administering this Act and includes any Minister of the Crown who is temporarily performing the duties of the Minister.
nominee, of a member of the principal body corporate, see section 24(1).
ordinary member, for schedule 3, see schedule 3, section 1.
ordinary resolution, for a duly convened general meeting of the primary thoroughfare body corporate or principal body corporate, means a resolution that is passed by the members of the body corporate whose voting entitlements total more than 50% of the total of all voting entitlements recorded in the relevant body corporate roll.
original owner, of a secondary lot that has been subdivided by a building unit or group titles plan, see section 22.
Planning Act means the Planning Act 2016.
plan of survey, used with reference to any land, includes a number of plans of survey each relating to a different part of the land and together relating to all of the land.
primary thoroughfare means the lot or lots that comprises or together comprise the primary thoroughfare as shown at the material time on the initial plan of survey and on the initial plan of survey of the adjacent site.
primary thoroughfare body corporate means the Sanctuary Cove Primary Thoroughfare Body Corporate incorporated by the registration of the initial plan of survey.
primary thoroughfare by-laws means the primary thoroughfare by-laws for the time being in force pursuant to section 71.
principal body corporate means Sanctuary Cove Principal Body Corporate incorporated by the registration of the initial plan of survey.
proposed use plan—
(a)of the site—see section 4B(1) and (2); or
(b)of the adjacent site—see section 4B(3) and (4).
proposed use plan of the adjacent site ...
registrar of titles means the registrar of titles under the Land Title Act 1994.
relevant body corporate debt means a following amount owed by a person to a subsidiary body corporate—
(a)a contribution or instalment of a contribution;
(b)a penalty for not paying a contribution or instalment of a contribution by the date for payment;
(c)another amount associated with the ownership of a lot.Examples of another amount—
•an annual payment for parking under an exclusive use by-law made by the subsidiary body corporate•an amount owing to the subsidiary body corporate for lawn mowing services arranged by the subsidiary body corporate on behalf of the person
relevant plan see section 12I(2).
residential zone means any of the following zones—
(a)General Residential Zone;
(b)Harbour 1 Residential Zone;
(c)Harbour, River and Waterfront Residential Zone.
resort means Sanctuary Cove Resort.
reviewable terms, for a service contract, see section 94A.
review advice, about a service contract, see section 94A.
road means any way constituted to facilitate the traffic of vehicles usually passing on public roads.
secondary lot means a lot (other than a lot constituting a secondary thoroughfare) shown on a plan of subdivision of an initial lot or of subdivision of a secondary lot but does not include a building unit lot or a group title lot.
secondary thoroughfare means the lots within the residential zones that comprise the secondary thoroughfare as shown on—
(a)the plans of survey subdividing or resubdividing initial lots; and
(b)any group titles plans subdividing or resubdividing a secondary lot; and
(c)any group titles plans resubdividing a lot or common property or a lot and common property shown on a group titles plan.
secondary thoroughfare by-laws means the secondary thoroughfare by-laws for the time being in force pursuant to section 28.
service contract see section 94A.
service contractor, for the resort or part of the resort, see section 94D.
site see section 5.
subject land, in relation to an amendment application under part 2AA, means each zone, or other land within the resort, to which the application relates.
subsidiary body corporate—
(a)of, or in relation to, the primary thoroughfare body corporate, means—(i)the principal body corporate; or(ii)a body corporate created by the registration of a building units plan or group titles plan that is a member of the primary thoroughfare body corporate; or
(b)of, or in relation to, the principal body corporate, means a body corporate created by the registration of a building units plan or group titles plan that is a member of the principal body corporate.
transfer notice, for part 5A, see section 94K(b)(ii).
use, for a zone, means a use mentioned in schedule 1, part 2.
voting member—
(a)of the executive committee of the principal body corporate—see section 41A(1); or
(b)of the executive committee of the primary thoroughfare body corporate—see section 85A(1).
zone means a part of the site or adjacent site that—
(a)has a name mentioned in schedule 1, part 1; and
(b)is shown as a zone on the proposed use plan of the site or the proposed use plan of the adjacent site.
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Citations
Sanctuary Cove Resort Act 1985 (Qld)
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