South Bank Corporation Act 1989 (Qld)

South Bank Corporation Act 1989

An Act to provide for the establishment of a South Bank Corporation and to provide for the continued effective development and management of the South Bank corporation area, to establish the South Bank Employing Office, and for other purposes

Part 1    Preliminary

1   Short title

This Act may be cited as the South Bank Corporation Act 1989.

2   Notes in text

A note in the text of this Act is part of the Act.

3   Definitions

In this Act—

application, for part 7, see section 49.

appropriate authority means—

(a)generally—

(i)for a development approval given by the corporation—the corporation; or

(ii)for a development approval given by the council—the council; and

(b)for sections 41(12) and (13) and 42(1)(b) and (17), if there is no development approval for the plan of subdivision or amalgamation of land, stratum plan or plan for the opening of a road—the corporation.

approved development plan means the approved development plan approved by the Governor in Council under section 34 as amended from time to time.

approved form means a form approved under section 114A.

assessable development see section 4.

authority ...

board means the South Bank Corporation Board.

boundary adjustment plan means a plan that, as provided by section 42(4), shows minor adjustments to the boundaries of stratum lots.

building see the Building Act 1975, section 3.

Editor’s note—

Building Act 1975, section 3 has been relocated to schedule 2—see the Statute Law (Miscellaneous Provisions) Act 2004, section 2 schedule.

building management committee means the building management committee for a management statement referred to in schedule 3, clause 2(2).

cadastral surveyor, for part 9A, see section 97B.

chairperson means the chairperson of the corporation.

child ...

complementary development area ...

corporation means the South Bank Corporation established and constituted under section 7.

corporation area means the area as described in schedule 2 or that area as varied under section 16.

council means the Brisbane City Council constituted within the meaning of the City of Brisbane Act 2010.

court means—

(a)for a child—the Childrens Court; or

(b)for someone else—a Magistrates Court.

currency period, for part 7, see section 49.

decision notice see section 61.

development is any of the following—

(a)carrying out operational work within the corporation area;

(b)reconfiguring a South Bank lot within the corporation area;

(c)making a material change of use of premises within the corporation area.

development approval means an approval of an application for development approval contained in a decision notice given under section 61.

development completion date means the date of completion of development specified under a regulation.

disclosure statement, for part 9A, see section 97B.

employee of the employing office see section 31G(2).

employing office means the South Bank Employing Office established under section 31B.

exclusion direction means a direction under section 83.

exclusion offence see section 82(2).

exclusion order means an order under section 86.

executive officer means the executive officer of the employing office appointed under section 31E.

government entity see the Public Sector Act 2022, section 276.

industrial instrument see the Industrial Relations Act 2016, schedule 5.

information request, for part 7, see section 49.

Integrated Planning Act ...

land, other than in section 41, includes—

(a)any estate in, on, over or under land; and

(b)the airspace above the surface of land and any estate in the airspace; and

(c)the subsoil of land and any estate in the subsoil.

lawful use see section 50(1).

law practice, for part 9A, see section 97B.

leasehold building units lot, for part 9A, see section 97B.

lot, for part 9A, see section 97B.

management statement means a statement of by-laws and other particulars that, as provided by section 46, regulates a building and its site or is intended to regulate a proposed building and its site.

material change of use, of premises, means—

(a)the start of a new use of the premises; or

(b)the re-establishment on the premises of a use that has been abandoned; or

(c)a material increase in the intensity or scale of the use of the premises.

member means a member of the board.

Minister ...

modified Building Units and Group Titles Act has the meaning given by section 5.

normal working hours means the hours between 9a.m. and 4.30p.m. each Monday to Friday, public holidays excepted.

operational work has the meaning given in the Planning Act, schedule 2 but does not include placing an advertising device on premises.

original seller, for part 9A, see section 97B.

owner, for part 7, see section 49.

parkland precinct ...

Planning Act means the Planning Act 2016.

planning scheme means a planning scheme under the Planning Act.

premises means—

(a)a building or other structure; or

(b)land, whether or not a building or other structure is situated on the land.

prescribed trust account, for part 9A, see section 97B.

proposed leasehold building units lot, for part 9A, see section 97B.

proposed lot, for part 9A, see section 97B.

public agencies includes any public authority or local government constituted by or under any Act, a government department whether of the Commonwealth or Queensland or a statutory body representing the Crown.

public authority means—

(a)the corporation; or

(b)the council; or

(c)a public agency.

public trustee, for part 9A, see section 97B.

QPAT means the Queensland Performing Arts Trust.

rail GOC ...

rail government entity see the Transport Infrastructure Act 1994, schedule 6.

real estate agent, for part 9A, see section 97B.

Real Property Acts ...

recognised entity, for part 9A, see section 97B.

reconfiguring, in relation to South Bank lots or land, means—

(a)creating South Bank lots by subdividing a South Bank lot or lots or land; or

(b)amalgamating 7 South Bank lots; or

(c)rearranging the boundaries of a South Bank lot or lots or land by registering a plan of subdivision; or

(d)dividing the land into parts by agreement (other than a lease for a term, including renewal options, not exceeding 10 years) rendering different parts of a South Bank lot or lots immediately available for separate disposition or separate occupation; or

(e)creating an easement giving access to a South Bank lot or lots or land from a constructed road.

registered, for part 9A, see section 97B.

Register of Dealings ...

Registrar of Titles ...

registrar of titles means the registrar of titles under the Land Title Act 1994.

relevant application see section 77(1).

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

reviewable exclusion direction means an exclusion direction excluding a person from the site, or a part of the site, for longer than 24 hours.

security officer means an individual appointed by the corporation or the council under section 108.

seller, for part 9A, see section 97B.

site, in part 8, means the part of the corporation area declared under a by-law to be the site, and includes any part of the area declared to be the site.

South Bank lot means any of the following within the corporation area—

(a)a lot under the Land Title Act 1994;

(b)a separate, distinct parcel of land for which an interest is recorded in a register under the Land Act 1994;

(c)common property for a community titles scheme under the Body Corporate and Community Management Act 1997;

(d)a stratum lot;

(e)a lot on a leasehold building units plan;

(f)common property.

Note—

‘Common property’ in paragraph (f) has the meaning it has in schedule 4 because of section 6.

South Bank public land means land that is—

(a)under the Land Title Act 1994; and

(b)within the corporation area; and

(c)held in fee simple by a public authority.

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

stratum parcel means a parcel created by a subdivision permitted by schedule 4, section 8(1B).

stratum plan means a plan of subdivision that, under section 42, subdivides land into stratum lots.

stratum plan of amalgamation means a plan, under section 42, for the amalgamation of 2 or more, or all, stratum lots in a stratum plan.

stratum plan of subdivision means a plan, under section 42, for the subdivision of a stratum lot into 2 or more stratum lots.

Sustainable Planning Act ...

town plan ...

use, for part 7, see section 49.

work ...

work performance arrangement means an arrangement under which an employee of a government entity or public agency performs work for another government entity or public agency.

4   Meaning of assessable development

All development, other than the following development, is assessable development—

(a)the reconfiguration of a lot under the Land Title Act 1994 if the plan of subdivision necessary for the reconfiguration—

(i)is a building format plan of subdivision that does not subdivide land on or below the surface of the land; or

(ii)is for the amalgamation of 2 or more lots; or

(iii)is in relation to the acquisition, including by agreement, under the Acquisition of Land Act 1967, of land by a constructing authority, as defined under that Act, for a purpose set out in paragraph (a) of the schedule to that Act; or

(iv)is in relation to the acquisition by agreement, other than under the Acquisition of Land Act 1967, of land by a constructing authority, as defined under that Act, for a purpose set out in paragraph (a) of the schedule to that Act; or

(v)is in relation to land held by the State, or a statutory body representing the State, and the land is being subdivided for a purpose set out in the Acquisition of Land Act 1967, schedule, parts 1 to 13 (other than part 10, second dot point); or

(vi)is for the reconfiguration of a lot comprising strategic port land as defined under the Transport Infrastructure Act 1994;

(b)development that—

(i)is categorised as assessable development, or accepted development, by a regulation made under the Planning Act; or

(ii)is accepted development under the Planning Act, section 44(6)(b)(ii);

(c)development in a priority development area under the Economic Development Act 2012;

(d)PDA-associated development for a priority development area under the Economic Development Act 2012.

5   Interpretation—modified Building Units and Group Titles Act

For the purposes of this Act, the modified Building Units and Group Titles Act consists of the provisions set out in schedule 4.

6   Interpretation—words etc. used in modified Building Units and Group Titles Act

Words and expressions used in the modified Building Units and Group Titles Act have the same meaning in this Act.

Part 2    The corporation and board

7   Establishment of corporation

There shall be established and constituted by this Act a body corporate under the style and title of ‘South Bank Corporation’ which, by that name, shall have perpetual succession and a common seal and shall be capable in law of—

(a)suing and being sued; and

(b)compounding or proving in any court of competent jurisdiction or tribunal all debts or sums of money due to it; and

(c)taking, acquiring by way of grant, purchase, gift, lease or licence, holding, letting (by way of lease or otherwise), dealing with and disposing of real property within the corporation area and personal property of every description; and

(d)doing and suffering all such acts and things as bodies corporate may do and suffer.

8   Corporation represents the State

(1)The corporation represents the State.

(2)Without limiting subsection (1), the corporation has all the privileges and immunities of the State.

9   Corporation board

(1)The corporation must have a board of directors.

(2)The board of directors is the corporation’s governing body and is called the South Bank Corporation Board.

10   Composition of board

(1)The board consists of at least 2 but no more than 10 members as follows—

(a)a chairperson appointed on the Minister’s nomination;

(b)no more than 2 members appointed on the council’s nomination;

(c)no more than 7 other members appointed on the Minister’s nomination.

(2)In nominating persons for appointment to the board, the Minister and the council must—

(a)have regard to the proposed member’s business, financial, property management, community service or other relevant expertise; and

(b)seek to appoint both men and women as members.

(3)The members are to be appointed by the Governor in Council.

(4)Schedule 1 contains additional provisions about the members and about procedures of the board.

11   Report about person’s criminal history

(1)To help decide whether a person is suitable for nomination for appointment as a member, the Minister or the council (the nominator) may ask the commissioner of the police service for a written report about the person’s criminal history.

(2)However, the nominator may make a request about a person under subsection (1) only if the person has given the nominator written consent for the request.

(3)If asked by the nominator, the commissioner of the police service must give the nominator a written report about the criminal history of the person.

(4)The duty imposed on the commissioner of the police service applies only to information in the commissioner’s possession or to which the commissioner has access.

(5)The nominator must destroy a report given to the nominator under this section as soon as practicable after it is no longer needed for the purpose for which it was requested.

(6)In this section—

criminal history, of a person, means the convictions, other than spent convictions, recorded against the person for offences, in Queensland or elsewhere, whether before or after the commencement of this section.

12   Deputies of members

(1)The Governor in Council may appoint a person who is not a member to be the deputy of a member.

(2)The deputy of a member appointed on the nomination of the council must be appointed only on the nomination of the council.

(3)If a member is absent from a meeting of the corporation, the deputy of the member may attend and act as the member.

13   Corporation manager

(1)The corporation shall recommend to the Minister the appointment of a corporation manager who shall be responsible for the management of the affairs of the corporation subject to and in accordance with the directions of the corporation.

(2)The Governor in Council may appoint the corporation manager.

(3)The terms and conditions attaching to the appointment of the corporation manager shall be as approved by the Governor in Council from time to time.

14   [Repealed]

Part 3    The area of the corporation

Division 1 Corporation area

15   Corporation area

The corporation shall exercise its objects, functions, powers and duties in respect of the area described in schedule 2.

15A   [Expired]

15B   [Repealed]

15C   [Expired]

15D   [Expired]

15E   [Expired]

15F   [Expired]

15G   [Expired]

15H   [Expired]

15I   [Expired]

16   Variation of corporation area

(1)Where the corporation is of the opinion that, in order to better fulfil its objects, functions, powers and duties a variation to the corporation area is necessary or desirable, it may, after consultation with the council, recommend a variation in the corporation area to the Minister.

(2)The Minister may, with such amendment as the Minister considers necessary or desirable, recommend a variation in the corporation area to the Governor in Council who may vary the corporation area under a regulation.

(3)Where the corporation area is varied by the addition of further land, this Act shall apply to such land as if it were part of the area described in schedule 2.

(4)If the corporation area is varied by the exclusion of particular land, the provisions of this Act relating to the corporation area stop applying to the land.

Division 2 Road closures, surrenders, vestings and titling

17   Vesting of public lands other than roads

(1)The Governor in Council may, by gazette notice—

(a)if land within the corporation area is within the title of a public agency or is Crown land—vest title in the corporation; and

(b)if land within the corporation area is within the control of a public agency—vest title or control in the corporation.

(2)If title or control is vested in the corporation under this section, the Governor in Council may determine the amount of compensation (if any) that the corporation must pay to the public agency.

(3)If any land owned in fee simple by the council is vested in the corporation under this section any easement, right, liberty or privilege in relation to that land, save any easement, right, liberty or privilege possessed by the council under the Metropolitan Water Supply and Sewerage Act 1909 or the Local Government Act 2009 shall on vesting be extinguished for all purposes and shall not be the subject of any claim for compensation in relation to that extinguishment.

(4)In this section—

land does not include the land owned in fee simple by a rail government entity that, in the opinion of the Governor in Council, is required for the operation of the railways, but includes land above and below that land.

18   Riverside parkland

(1)The land referred to in schedule 5 is divested from the council and vested in the corporation for an estate in fee simple.

(2)Any easement, right, liberty or privilege in relation to the land (other than an easement, right, liberty or privilege under the Metropolitan Water Supply and Sewerage Act 1909 or the Local Government Act 2009) is extinguished and compensation is not payable for the extinguishment.

(3)The Governor in Council may, by gazette notice, vest for an estate in fee simple in the corporation and the council, as tenants in common in the shares of 60% and 40% respectively, the part of the parkland precinct held by the corporation.

(4)If particulars of an interest in land in the parkland precinct may be recorded in the freehold land register, the corporation and the council may transfer the interest only if the Minister has consented in writing.

(5)Subsection (4) does not apply to a short lease within the meaning of the Land Title Act 1994.

(6)In this section—

parkland precinct means the land referred to as ‘Precinct 3—Parkland Precinct’ in the approved development plan.

19   Car park land and reserve

(1)Reserve 3367 is revoked.

(2)However, a lease over a part of the reserve or a licence to occupy a part of a building on the reserve in force immediately before the revocation of the reserve under subsection (1) continues in force over the part after the revocation in accordance with its terms.

(3)The parts of Russell Street, Stanley Street and Grey Street, South Brisbane in lots 55 and 56 on plan SP 102555 set out in schedule 9 are permanently closed.

(4)A deed of grant in the name of the corporation may be issued by the Governor in Council for lots 55 and 56 on plan SP 102555 and lot 388 on plan SL 12890.

(5)On the recording of the particulars of lot 388 on RP 896477 in the freehold land register, it is declared that the lot is dedicated for public use (cultural purposes) and becomes a reserve.

(6)The Arts Office is appointed as trustee of the reserve.

(7)In this section—

lease means any of the following leases mentioned in the Arts Legislation Amendment Act 1997, section 75 originally granted by the Queensland Cultural Centre—

(a)a lease to the Library Board of Queensland for a term of 75 years;

(b)a lease to the Queensland Art Gallery Board of Trustees for a term of 75 years;

(c)a lease to the Queensland Museum Board of Trustees for a term of 75 years;

(d)a lease to the Queensland Performing Arts Trust for a term of 75 years;

(e)a lease to the Royal Queensland Theatre Company for a term of 30 years.

licence means any of the following licences mentioned in the Arts Legislation Amendment Act 1997, section 79—

(a)the licence agreement expiring on 30 June 1998 entered into between Berlasco Pty Ltd (ACN 010 041 040) and Queensland Performing Arts Trust;

(b)a licence agreement entered into for a term of 5 years between Advanced Food Systems International Ltd (ACN 004 292 951) and—

(i)Library Board of Queensland; or

(ii)Queensland Art Gallery Board of Trustees; or

(iii)Queensland Museum Board of Trustees.

the Arts Office means the government entity charged with advising the Minister with responsibility for the arts on matters relating to the arts.

20   Readjustment of boundaries

(1)Indefeasible titles are created in the name of the corporation for lots 1, 932 and 933 on RP 896477 set out in schedule 10 on the recording of the particulars of the lots in the freehold land register.

(2)To remove any doubt, it is declared that subsection (1) has effect to transfer lots 1, 932 and 933 on RP 896477 to the corporation.

21   Registrar may register instruments etc.

(1)The registrar of titles may register all plans and other instruments to give effect to sections 19 and 20.

(2)The registrar of titles may do anything to give effect to sections 19 and 20.

22   Recording of vesting of land

(1)The registrar of titles or anyone else required or permitted to record particulars necessary to identify interests in land must, on the written request of the corporation, record the particulars of any interest in land vesting in the corporation, or in the corporation and the council, under this Act.

(2)In any case where a written request is in respect of the vesting of an easement, production of the instrument of title to the land in question is not required when such request is made, and the registrar of titles or other person is authorised to make any necessary entries on the instrument of title when it is next produced to him or her.

22A   [Repealed]

23   Exemption from fees and charges

(1)No fee or charge, including a titles registry fee, is payable by the corporation, QPAT or the council in relation to—

(a)the transfer of any land in the corporation area; or

(b)the transfer of control of any land in the corporation area; or

(c)any change in ownership or control of land because of section 19 or 20;

      to or from the corporation, QPAT or the council.

(2)In this section—

titles registry fee, for a matter mentioned in subsection (1), means the fee payable for the matter under section 114B or schedule 4, section 133B.

PART 3A    [Expired]

Part 4    Objects, functions and powers

24   Objects

The corporation’s objects are—

(a)to promote, facilitate, carry out and control the development, disposal and management of land and other property within the corporation area; and

(b)to achieve an appropriate balance between the corporation’s commercial and non-commercial functions; and

(c)to ensure the corporation area complements, rather than duplicates, other public use sites in the inner city Brisbane area; and

(d)to provide for a diverse range of recreational, cultural and educational pursuits for local, regional and international visitors; and

(e)to accommodate public events and entertainment that benefit the general community; and

(f)to achieve excellence and innovation in the management of open space and park areas.

25   Functions

(1)The corporation shall fulfil the following functions—

(a)to produce such plan or plans as may be necessary in relation to the corporation area in order to fulfil its objects;

(b)to promote and undertake the development of land within the corporation area in accordance with the approved development plan;

(c)to facilitate and control, with the council, the development of land within the corporation area in accordance with the approved development plan;

(d)to efficiently manage, and dispose by lease, of land vested in or under the control of the corporation under the approved development plan so as to secure the maximum prudent financial benefit for the corporation;

(e)to efficiently manage and dispose of other property vested in or under the control of the corporation so as to secure the maximum prudent financial benefit for the corporation;

(f)to manage on an ongoing basis all land and other property vested in or under the control of the corporation so as to secure the maximum prudent financial benefit for the corporation;

(g)to promote, organise and conduct tourist, educational, recreational, entertainment, cultural and commercial activities in the corporation area;

(h)to construct, establish, maintain, develop and operate tourist, educational, recreational, entertainment, cultural and commercial facilities within the corporation area;

(i)to achieve, by the adoption of best practice principles, excellence and innovation in the management of open space and park areas;

(j)to carry out works for the purpose of landscaping the corporation area.

(2)For the purpose of fulfilling those functions, the corporation may do all supplemental, incidental or consequential acts as may be necessary or expedient for the exercise of its functions.

26   Powers in relation to land

(1)In order to fulfil its objects and functions the corporation may, with the prior approval of the Minister—

(a)buy, sell, lease, exchange or otherwise acquire or dispose of land within the corporation area whether vested in it at the commencement of this Act or not; and

(b)grant such easements or rights of way in relation to land within the corporation area as it considers necessary; and

(c)transfer or surrender to the Crown in right of Queensland any land possessed by it within the corporation area, that land then to be Crown land and dealt with in accordance with the provisions of the Land Act 1994.

(2)The corporation may, with the prior consent of the Minister, grant a perpetual lease over land within the commercial precinct.

(3)The Minister may vary the area shown hatched on the plan in schedule 15, plan 2 (to the extent the area is land of which the corporation is the registered owner or is entitled to be the registered owner) for the purpose of making a minor boundary adjustment to the commercial precinct.

(4)The area as varied by the Minister under subsection (3) is taken to be part of the commercial precinct.

(5)The Minister’s approval under subsection (1) is not required for the grant or transfer of—

(a)a short lease within the meaning of the Land Title Act 1994 or an interest the particulars of which may not be recorded in the freehold land register; or

(b)any other interest, or class of interest, that the Minister advises the corporation, in writing, is an interest for which the Minister’s approval is not required.

(6)Before entering into a lease of land over a road, a public authority is to consult with the Minister administering the Land Act 1994.

(7)In this section—

commercial precinct means the parts of each of the following areas of land of which the corporation is the registered owner or is entitled to be the registered owner—

(a)the area shown hatched on the plan in schedule 15, plan 1;

(b)the area shown hatched on the plan in schedule 15, plan 2.

perpetual lease means a lease for a term of 999 years.

27   Agreement with public agencies

(1)The corporation may enter into negotiations and arrive at agreements with public agencies in relation to all matters necessary to fulfil the objects and functions of the corporation.

(2)Without limiting subsection (1), the matters include—

(a)the provision and maintenance by public agencies of services to, through, over and under the corporation area; and

(b)the management of part of the corporation area by the council.

28   Agreements with other persons

The corporation may enter into negotiations with and arrive at agreements with all persons or bodies who have any interest in or charge over any land or other property within the corporation area.

29   Business or undertaking

In carrying out its objects, functions, powers and duties under this Act, the corporation may, with the approval of the Minister, carry on or conduct any business or undertaking necessary to fulfil such objects, functions, powers and duties.

30   Delegation by corporation

The corporation may delegate the corporation’s powers under this Act to any person.

31   Committees

(1)The corporation may establish committees to help or advise it.

(2)The corporation may decide—

(a)the functions of a committee; and

(b)the membership of a committee; and

(c)how a committee is to operate.

31A   Corporation may enter into work performance arrangements

(1)The corporation may enter into, and give effect to, a work performance arrangement with—

(a)the employing office; or

(b)the appropriate authority of another government entity or public agency.

(2)A work performance arrangement may make provision for all matters necessary or convenient to be provided under the arrangement.

(3)For example, a work performance arrangement may provide for—

(a)the appointment of a person to an office, and the holding of the office by the person, for the arrangement; and

(b)the authorising of a person to exercise powers for the arrangement; and

(c)whether payment is to be made for work done under the arrangement and, if so, what payment is to be made and who is to make the payment.

(4)A person performing work for the corporation under a work performance arrangement entered into under subsection (1)—

(a)is not employed by the corporation; and

(b)remains an employee of the employing office, or an employee of the other government entity or public agency whose appropriate authority is a party to the arrangement.

(5)To remove any doubt, it is declared that the corporation does not have power to employ a person performing work for the corporation under a work performance arrangement entered into under subsection (1).

Part 4A    South Bank Employing Office

Division 1 Establishment and functions of employing office

31B   Establishment of employing office

(1)The South Bank Employing Office is established.

(2)The employing office consists of—

(a)the executive officer; and

(b)the employees of the employing office.

(3)The employing office is a separate entity from the corporation.

31C   Employing office represents the State

(1)The employing office represents the State.

(2)Without limiting subsection (1), the employing office has the status, privileges and immunities of the State.

31D   Functions of employing office

(1)The main functions of the employing office are—

(a)entering into, for the State, a work performance arrangement with the corporation under which employees of the employing office perform work for the corporation; and

(b)employing, for the State, staff to perform work for the corporation under the work performance arrangement; and

(c)doing anything incidental to the discharge of the functions mentioned in paragraphs (a) and (b).

(2)Also, the employing office has any other function conferred on the employing office under this or another Act.

(3)This section does not limit the employing office’s power to enter into and give effect to a work performance arrangement under section 31H with a government entity or public agency other than the corporation.

Division 2 Executive officer

31E   Appointment of executive officer

(1)There is to be an executive officer of the employing office.

(2)The executive officer is to be appointed by the Governor in Council.

(3)The executive officer is appointed under this Act and not under the Public Sector Act 2022.

31F   Executive officer acting for employing office

(1)The employing office acts through the executive officer.

(2)Anything done by the executive officer in the name of, or for, the employing office is taken to have been done by the employing office.

Division 3 Staff of employing office

31G   Employing office may employ staff

(1)The employing office may, for the State, employ staff.

(2)A person employed under subsection (1) is an employee of the employing office.

(3)The employing office may decide the terms of employment of the employees of the employing office.

(4)Subsection (3) applies subject to any relevant industrial instrument.

(5)Employees of the employing office are employed under this Act and not under the Public Sector Act 2022.

31H   Employing office may enter into work performance arrangements

(1)The employing office may, for the State, enter into and give effect to a work performance arrangement with—

(a)the corporation; or

(b)the appropriate authority of another government entity or public agency.

(2)A work performance arrangement may make provision for all matters necessary or convenient to be provided under the arrangement.

(3)For example, a work performance arrangement may provide for—

(a)the appointment of a person to an office, and the holding of the office by the person, for the arrangement; and

(b)the authorising of a person to exercise powers for the arrangement; and

(c)whether payment is to be made for work done under the arrangement and, if so, what payment is to be made and who is to make the payment.

(4)A person performing work for the corporation or other government entity or public agency under a work performance arrangement entered into under subsection (1)—

(a)is not employed by the corporation or other government entity or public agency; and

(b)remains an employee of the employing office.

(5)To remove any doubt, it is declared that the corporation or another government entity or public agency does not have power to employ a person performing work for the corporation or other government entity or public agency under a work performance arrangement entered into under subsection (1).

Division 4 Other provisions

31I   Employing office is statutory body

(1)The employing office is a statutory body under—

(a)the Financial Accountability Act 2009; and

(b)the Statutory Bodies Financial Arrangements Act 1982.

(2)For applying the Financial Accountability Act 2009 to the employing office as a statutory body—

(a)the executive officer is taken to be the chairperson of the employing office; and

(b)the Financial Accountability Act 2009 is taken to require the executive officer to consider the annual financial statements and the auditor-general’s report as soon as practicable after they are received by the employing office; and

(c)the Financial Accountability Act 2009 is taken to require the executive officer to consider any observations, suggestions or comments given to the executive officer under the Auditor-General Act 2009 as soon as practicable after the executive officer receives them.

Part 5    Development plan

32   Draft development plan

(1)The corporation shall, after consultation with the council and having regard to any recommendations made by the council during the consultation, prepare a draft development plan for the corporation area and shall submit it to the Minister.

(2)The Minister may—

(a)approve the draft development plan without amendment; or

(b)approve the draft development plan with such amendments as the Minister considers necessary or appropriate; or

(c)reject the draft development plan.

(3)Prior to the Minister exercising the Minister’s power under subsection (2)(b) or (c) the Minister shall consult with the corporation.

(4)Should the Minister exercise the Minister’s power under subsection (2)(c), the Minister shall direct the corporation to prepare and submit a further draft development plan in accordance with any directions the Minister may give at that time.

33   Public exhibition of plan

(1)Where the Minister approves the draft development plan, with or without amendment, the corporation shall, by advertisement published in a newspaper circulating in the City of Brisbane, give public notice that the plan is available for public inspection during normal working hours at the office of the corporation for a period of not less than 30 days from a date specified in such notice.

(2)During the period of public inspection of the draft development plan, any person or organisation may make a submission on any matter concerning the draft development plan.

(3)The submission shall be in writing and shall be delivered to or lodged with the corporation manager at the office of the corporation during normal working hours.

(4)During the period of public inspection of the draft development plan, the corporation—

(a)shall make available to the public free of charge a synopsis identifying the principal features of the draft development plan; and

(b)may, subject to such terms and conditions including fees as the corporation determines, make available for purchase copies of the draft development plan and any supporting documentation.

34   Approved development plan

(1)The corporation shall, after consideration of the submissions made to it in relation to the draft development plan, and any other matters it deems appropriate, prepare, after consultation with the council, a report to the Minister on the submissions, which shall include the corporation’s consideration of the submissions and any other relevant matters, which shall accompany a revised development plan for the corporation area.

(2)The report and revised development plan shall be submitted to the Minister who shall, after considering such report and revised development plan, submit such material, together with a recommendation, to the Governor in Council.

(3)The Governor in Council may—

(a)approve the revised development plan without amendment; or

(b)approve the revised development plan with amendment; or

(c)reject the revised development plan.

(4)If approved by the Governor in Council, with or without amendment, the revised development plan shall be deemed, on notification in the gazette, to be the approved development plan for the corporation area and all subsequent development of the corporation area shall be in accordance with the approved development plan.

(5)The approved development plan shall, during normal working hours, be available for inspection by all persons or organisations at the office of the corporation.

(6)The corporation shall, subject to such fees as it determines, make available for purchase copies of the approved development plan and any supporting documentation.

35   Amendment of approved development plan

(1)If the corporation, after consultation with the council, is of the opinion that it is necessary or desirable that the approved development plan be amended, it shall submit the proposed amendment to the Minister.

(2)If the Minister is of the opinion that the proposed amendment is of a minor nature and not contrary to the purposes of the approved development plan, then, upon the Minister’s so certifying, the Minister may recommend the amendment to the Governor in Council.

(3)If the amendment recommended under subsection (2) is approved by the Governor in Council, it shall be deemed to form part of and amend the approved development plan from the date of notification in the gazette.

(4)If the Minister is of the opinion that the proposed amendment is not of a minor nature, then, if the Minister approves the proposed amendment, the corporation shall, by advertisement published in a newspaper circulating in the City of Brisbane, give public notice that the proposed amendment to the approved development plan is available for public inspection during normal working hours at the office of the corporation for a period of 14 days from a date specified in the notice.

(5)During the period of inspection under subsection (4), any person or organisation may make a submission to the corporation on any matter concerning the proposed amendment.

(6)The submission shall be in writing and shall be delivered to or lodged with the corporation manager at the office of the corporation during normal working hours.

(7)During the period of public inspection of the proposed amendment of the approved development plan, the corporation—

(a)shall make available to the public free of charge a synopsis identifying the principal feature of the proposed amendment; and

(b)may, subject to such terms and conditions, including fees, as the corporation determines, make available for purchase copies of the proposed amendment and any supporting documentation.

(8)The corporation shall, after consideration of the submissions made to it in relation to the proposed amendment and consultation with the council, prepare a report, which shall include the corporation’s consideration of the submissions, to the Minister, who after considering the report, may submit the report and proposed amendments, together with the Minister’s recommendation, to the Governor in Council.

(9)The Governor in Council may—

(a)approve the proposed amendment to the approved development plan without amendment; or

(b)approve the proposed amendment to the approved development plan with amendment; or

(c)reject the proposed amendment to the approved development plan.

(10)If approved by the Governor in Council with or without amendment, the approved amendment shall become, on notification in the gazette, part of the approved development plan for the corporation area.

(11)Where the approved development plan is so amended any right, privilege, liability or obligation arising under the prior approved development plan shall not be affected by such amendment.

(12)If the Minister is of the opinion that the proposed amendment is not of a minor nature but the Minister does not approve the proposed amendment, the Minister shall return the proposed amendment to the corporation together with the Minister’s views on the proposed amendment.

36   Implementation of approved development plan

(1)The corporation shall, in accordance with the approved development plan, plan, encourage, facilitate, carry out and regulate development within the corporation area in order that the development, as proposed in the approved development plan, be completed as soon as is reasonably practicable having regard to the objects and functions of the corporation.

(2)The corporation is to submit a development program for the approval of the Minister.

(3)The program is—

(a)to be in accordance with the approved development plan; and

(b)to set down the proposed stages and the time for each stage.

37   Augmentation of water supply and sewerage

(1)The council shall, as soon as practical after publication of the approved development plan, inform the corporation whether any development in accordance with that plan will necessitate the augmentation of any water supply or sewerage works (including head works) outside the corporation area and the estimated costs (if any) of such augmentation.

(2)Where in accordance with subsection (1) the council notifies the corporation that augmentation is necessary, the corporation and the council shall enter into negotiations for an agreement to provide that the corporation shall meet the actual costs (if any) incurred by the council in carrying out the augmentation of any works.

(3)For the purposes of this section—

augmentation, in relation to water supply or sewerage works, means those works, necessitated by the increased loading imposed by development in accordance with the approved development plan.

37F   [Repealed]

38   Continuance of railway operations

(1)The approved development plan must provide for the following—

(a)the as of right use of land owned by a rail government entity within the corporation area, by a railway manager or railway operator for conducting railway operations for the carriage of passengers or goods on the land;

(b)reasonable access to land used for conducting railway operations by—

(i)the railway manager or railway operator conducting the operations; or

(ii)employees of the railway manager or railway operator conducting the operations; or

(iii)employees of the Authority under the Queensland Rail Transit Authority Act 2013; or

(iv)members of the public wishing to use the railway to which the operations relate.

(2)In this section—

railway manager, for railway operations conducted on land owned by a rail government entity, means a railway manager (within the meaning of the Transport Infrastructure Act 1994) for a railway on the land, who has an agreement with the rail government entity to access the land for conducting railway operations relating to the railway.

railway operator, for railway operations conducted on land owned by a rail government entity, means a railway operator (within the meaning of the Transport Infrastructure Act 1994) for a railway on the land, who has an agreement with the railway manager for the railway operations to use the railway for railway operations.

38B   [Repealed]

38C   [Repealed]

38D   [Repealed]

38E   [Repealed]

38F   [Repealed]

38G   [Repealed]

39   Completion of development

(1)When the Governor in Council is satisfied that development within the corporation area is substantially complete, the Governor in Council may issue instructions to the corporation that the Governor in Council considers will assist in completion of development.

(2)The corporation must promptly comply with the instructions.

(3)When the Governor in Council is satisfied that development is substantially complete and that the corporation has complied with any instructions given to it, the Governor in Council may, under a regulation, specify the date of completion of development.

(4)After the development completion date—

(a)the approved development plan does not apply to the corporation area; and

(b)the provisions of this Act referred to in schedule 6 no longer have any effect and are taken to be repealed.

39D   [Repealed]

39G   [Repealed]

Part 6    Roads, reconfiguration and stratum lots

40   Closure of roads

(1)Despite the provisions of the Land Act 1994, the corporation may recommend to the Minister the permanent closure of any road in the corporation area provided that the corporation has within a period of at least 28 days before such recommendation—

(a)published at least once in a newspaper circulating in the City of Brisbane a notice detailing the proposed closure; and

(b)given or caused to be given by means of the post a notice detailing the proposed closure to the registered owner of land held in fee simple and the lessee of any land held under the Land Act 1994 or any other Act that adjoins the road the subject of the proposed closure; and

(c)exhibited or caused to be exhibited in a conspicuous position at the office of the council a notice detailing the proposed closure.

(2)A notice shall be deemed to have been given by post if it is forwarded to—

(a)the usual or last known place of abode or business; or

(b)the address for service last notified to the council; or

(c)the registered office under or for the purpose of any Act which requires the having of a registered office.

(3)The Minister shall consider the recommendation and a report on any submissions which may be received by the corporation in relation to the proposed closure of the road and may recommend to the Governor in Council the permanent closure of the road.

(4)On notification in the gazette of the approval of the Governor in Council to the permanent closure of the road and on application by the corporation to the Minister administering the Land Act 1994, a deed of grant must be issued in the name of the corporation for the land consisting of the road and the registrar of titles must register the deed of grant.

(5)The corporation shall pay to the Crown, by way of compensation for the permanent closure of any road, a sum of money (if any) determined by the Governor in Council by gazette notice.

41   Subdivision and amalgamation of land and opening of roads

(1)In this section—

access means practical means of entry and exit for persons and, where appropriate, vehicles, from a road that abuts the area or South Bank lot concerned or by means of an easement.

land means land—

(a)under the Land Title Act 1994; and

(b)within the corporation area.

road means (for the purposes of the definition access only)—

(a)a street or road dedicated to public use; and

(b)a bridge or ferry and the approaches to them; and

(c)an access way that permits the movement of persons and, where appropriate, vehicles.

(2)In relation to South Bank public land only, a reference in this section to a reconfiguration of land (whether described as a subdivision, amalgamation or something else) includes a reference to a reconfiguration of land and the opening of roads permitted under sections 42 and 47.

(3)Land may be reconfigured and roads may be opened under this Act.

(4)The registered owner of land may lodge with the registrar of titles a plan for the subdivision or amalgamation of land.

(5)The plan must—

(a)show, distinctly delineated, all roads dedicated to public use; and

(b)show each of the parcels into which the land is divided by the plan, with each parcel—

(i)distinctly delineated; and

(ii)marked with a separate number or symbol; and

(c)be certified as accurate by a cadastral surveyor within the meaning of the Surveyors Act 2003; and

(d)be endorsed by the appropriate authority; and

(e)otherwise comply with the requirements of the Land Title Act 1994, other than section 50(1)(g) and (h) of that Act.

(6)If the registrar of titles is satisfied that the plan is correct, the registrar of titles is to record the plan in the register kept under the Land Title Act 1994.

(7)After the plan is recorded, the land must not be dealt with under that Act otherwise than in accordance with the plan.

(8)Subject to subsection (9), the registrar of titles is to record in the register particulars of any dedication to public use of land under this section.

(9)Any dedication of land must be of all of the estate or interest of the owner in the land.

(10)Land dedicated to public use vests in the Crown.

(11)Land may be subdivided only if—

(a)each proposed South Bank lot has access or the appropriate authority has waived the requirement for access; and

(b)development approval for the subdivision has been given.

(12)Land may be amalgamated, and a road may be opened, only with the approval of the appropriate authority.

(13)When giving its approval to a dealing under this section, the appropriate authority must give the approval in the way required by the registrar of titles.

42   Stratum lots and dealings with stratum lots

(1)Despite the Land Title Act 1994 or any other Act—

(a)the following may be done under this section only if development approval for the subdivision or adjustment has been given—

(i)the subdivision of South Bank public land by stratum plan;

(ii)the subdivision of a stratum lot by stratum plan of subdivision;

(iii)a minor adjustment to the boundary of a stratum lot by boundary adjustment plan; and

(b)South Bank public land may be opened as a road by stratum plan only if the appropriate authority approves; and

(c)stratum lots may be amalgamated by stratum plan of amalgamation.

(2)The Land Title Act 1994 applies to stratum lots in the same way as it applies to other land except to the extent that it is inconsistent with this Act or incapable of applying.

(3)An adjustment that, in the opinion of the appropriate authority, is a minor adjustment may be made to the boundaries of stratum lots by the registration of a boundary adjustment plan.

(4)A boundary adjustment plan registered under this section operates, without any further assurance, to vest the land in accordance with the adjusted boundaries.

(5)A registered mortgage, lease or other registered estate in a stratum lot adjusted by the registration of a boundary adjustment plan is not affected by the registration of that plan and is taken to relate to the adjusted stratum lot.

(6)A stratum lot may be subdivided into 2 or more stratum lots by the registration of a stratum plan of subdivision.

(7)The registrar of titles may register a stratum plan of subdivision only if the stratum plan of subdivision is accompanied by a schedule showing, as a whole number for each proposed stratum lot, the proposed value proportion for each stratum lot for the purposes of section 101 and schedule 3, clause 2(1)(p).

(8)When registering a stratum plan of subdivision, the registrar of titles may make any recordings on and amendments to the management statement to which the stratum plan relates, that the registrar of titles considers appropriate to give effect to the stratum plan.

(9)Subject to subsection (12), 2 or more, or all, stratum lots in a stratum plan may be amalgamated by the registration of a stratum plan of amalgamation.

(10)When registering a stratum plan of amalgamation, the registrar of titles may make any recordings on and amendments to the management statement to which the stratum plan relates that the registrar of titles considers appropriate to give effect to the stratum plan.

(11)For the purposes of section 101 and schedule 3, clause 2(1)(p), the relevant value proportion for the stratum lot created by the amalgamation of 2 or more stratum lots is the sum of the value proportions of the stratum lots.

(12)A stratum lot that has been subdivided by a leasehold building units plan may be amalgamated with another stratum lot only if the leasehold building units plan has been terminated under schedule 4.

(13)On registration of a stratum plan of amalgamation that amalgamates all of the stratum lots in a stratum plan—

(a)the stratum plan; and

(b)the management statement that relates to the stratum plan;

are extinguished.

(14)A request to terminate a management statement must comply with the requirements prescribed by regulation.

(15)If a stratum plan of amalgamation is accompanied by a request to terminate a management statement, the registrar of titles—

(a)must record the termination of the management statement on the stratum plan to which it relates; and

(b)may make such other recordings in the freehold land register as the registrar of titles considers appropriate to give effect to the termination of the management statement.

(16)Stratum plans, boundary adjustment plans, stratum plans of subdivision and stratum plans of amalgamation must comply with the requirements prescribed by regulation.

(17)Despite the Land Title Act 1994, the Surveyors Act 2003 or any other Act, if a stratum plan, a boundary adjustment plan, a stratum plan of subdivision or a stratum plan of amalgamation has been endorsed by the appropriate authority, the registrar of titles may—

(a)register the relevant plan under the Land Title Act 1994; and

(b)create a separate indefeasible title for each stratum lot created by the registration of the relevant plan by recording a separate set of particulars for each lot in the freehold land register; and

(c)make such other recordings in the freehold land register as the registrar of titles considers appropriate to give effect to the registration of the relevant plan.

(18)On registration of a stratum plan, a boundary adjustment plan, a stratum plan of subdivision or a stratum plan of amalgamation, the plan is, for the purposes of the Land Title Act 1994, taken to be recorded in the freehold land register.

43   Support and shelter for certain stratum lots

(1)Without affecting the implied easements appurtenant to and affecting the lots in a leasehold building units plan created under schedule 4, section 15, there is implied in a stratum plan—

(a)as appurtenant to the stratum lots comprised in the stratum plan on which a building is situated, an easement for their subjacent and lateral support by other parts of the building that are capable of affording support; and

(b)as affecting the stratum lots, an easement for the subjacent and lateral support of other parts of the building that are capable of enjoying support; and

(c)as appurtenant to the stratum lots, an easement for their shelter by other parts of the building that are capable of affording shelter; and

(d)as affecting the stratum lots, an easement for the shelter of other parts of the building that are capable of being sheltered by those stratum lots.

(2)An easement for support and shelter created by subsection (1)—

(a)entitles the registered owner of the dominant tenement to enter on the servient tenement to replace, renew or restore any support or shelter; and

(b)subsists until the stratum plan is cancelled or the easement is otherwise surrendered.

44   Services for certain stratum lots

(1)In this section—

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

service means—

(a)a service in relation to water, sewage, drainage, gas, electricity, oil, garbage or conditioned air; or

(b)a service in relation to television, telephone or another means of telecommunication; or

(c)any other prescribed service.

(2)Without affecting the easements appurtenant to and affecting lots in a leasehold building units plan created under schedule 4, sections 17 and 17A, unless an easement is created for a particular service or services, there is implied in a stratum plan—

(a)as appurtenant to the stratum lots comprised in the stratum plan on which a building is situated, an easement for the passage or supply of the service or services through or by means of pipes, poles, wires, cables or ducts to be laid down or erected that are for the time being existing in or over the building to the extent to which the service or services are capable of being used in the enjoyment of the stratum lots; and

(b)as affecting the stratum lots, an easement for the passage or supply of the service or services through or by means of pipes, poles, wires, cables or ducts to be laid down or erected that are for the time being existing in or over the building to the extent to which the services are capable of being used in the enjoyment of the stratum lots.

(3)Easements conferred by this section must not be exercised unreasonably by an owner of a stratum lot in such a way as to prevent the owner of another stratum lot from reasonably enjoying the use and occupation of the other owner’s stratum lot.

45   Ancillary rights for implied easements

All ancillary rights and obligations reasonably necessary to make an easement implied by section 43 or 44 effective are conferred by this section.

46   Management statement

(1)Subject to subsection (2), the registrar of titles may register a stratum plan only if the plan is accompanied by a management statement that—

(a)if the stratum plan subdivides land including parts of a building—regulates the building and its site; and

(b)if the stratum plan subdivides land on which it is proposed to construct a building—is intended to regulate the proposed building and its site; and

(c)complies with subsection (3).

(2)A stratum plan of subdivision need not be accompanied by a management statement if it subdivides a stratum lot on a stratum plan that is already the subject of a management statement.

(3)A management statement must comply with schedule 3.

(4)The appropriate authority may, in relation to a particular management statement, waive compliance with an item in schedule 3, clause 2(1) if it considers compliance with the item is unnecessary, unreasonable or impracticable for the regulation of the building and its site the subject of the management statement.

(5)If the appropriate authority waives compliance with an item in schedule 3, clause 2(1), it must endorse that fact on the management statement.

(6)If a management statement bears the approval of the appropriate authority, then, immediately after the registration of the stratum plan to which it relates, the registrar of titles is to record the management statement on the stratum plan.

(7)If a stratum lot in the stratum plan referred to in subsection (6) is subsequently subdivided by a leasehold building units plan, the registrar of titles is to record the management statement, and any amendments to the management statement, on the leasehold building units plan.

(8)The management statement is binding on—

(a)the body corporate of the leasehold building units plan for the part of the building concerned; and

(b)any lessee, sublessee, occupier or mortgagee of a lot in the leasehold building units plan for the part of the building concerned; and

(c)any lessee, sublessee, occupier or mortgagee of any part of the building or its site that does not form part of a stratum parcel.

(9)Subsection (8) has effect as if—

(a)the management statement included mutual covenants to observe its provisions entered into by each person bound by it; and

(b)each person bound had executed the management statement under seal.

(10)Subject to subsection (11), a management statement may be amended by an ordinary resolution passed by the building management committee for the management statement.

(11)The by-laws and other particulars in a management statement relating to a matter in schedule 3, clause 2(1)(p) may only be amended—

(a)in the way provided in section 42(8) or (10); or

(b)by unanimous resolution passed by the building management committee for the management statement.

(12)A body corporate of a leasehold building units plan may support a resolution to amend a management statement only if—

(a)if the amendment is an amendment referred to in subsection (11)—the body corporate has passed a unanimous resolution in general meeting to support the amendment; and

(b)in any other case—the body corporate has passed an ordinary resolution in general meeting to support the amendment.

(13)An amendment of a management statement must comply with schedule 3.

(14)If an amendment of a management statement bears the approval of the appropriate authority, the registrar of titles is to record the amendment—

(a)on the stratum plan to which it relates; and

(b)if a stratum lot in the stratum plan has been subdivided by a leasehold building units plan—on the leasehold building units plan.

(15)An amendment of a management statement has no effect unless the amendment is lodged with the registrar of titles within 2 months after the passing of the resolution making the amendment.

(16)A by-law in a management statement may restrict use of any part of a building or its site to—

(a)the lessee or sublessee of a lot in a leasehold building units plan; or

(b)a body corporate in a leasehold building units plan; or

(c)the lessee or sublessee of a lease of land in any part of the building or its site that does not form part of the stratum parcel.

(17)A management statement terminates and ceases to bind the persons referred to in subsection (8) when the registrar of titles records its termination under section 42(15).

(18)The registrar of titles must provide to the valuer-general and the council—

(a)a copy of a management statement within 28 days after the registration of a stratum plan which is accompanied by the management statement; and

(b)a copy of an amendment of a management statement within 28 days after the recording of the amendment.

(19)If there is an unresolved dispute between persons bound by a management statement concerning the regulation of a building and its site, the dispute must be submitted for final resolution to—

(a)a single arbitrator agreed on between the persons in dispute; or

(b)if the parties do not agree within 14 days of receipt of a written notice given by one person to the other person or persons requiring the appointment of an arbitrator—an arbitrator appointed by the appropriate authority.

(20)Every reference under subsection (19) is an arbitration under the Commercial Arbitration Act 2013.

(21)If a management statement or an amendment of a management statement bears the approval of the appropriate authority, the approval is evidence to the registrar of titles that the management statement or the amendment of the management statement complies with this section.

47   Subdivision of land by a leasehold building units plan

(1)Despite the Land Title Act 1994 or any other Act, South Bank public land may be subdivided by a leasehold building units plan only if the appropriate authority approves.

(2)The modified Building Units and Group Titles Act applies to land that is subdivided under this section.

Note—

The modified Building Units and Group Titles Act is set out in schedule 4. Part 9A also applies to land that is subdivided under this section.

48   Creation of easements

(1)In this section—

instrument means an instrument in the approved form.

(2)Despite the Land Title Act 1994 or any other Act, the registrar of titles may, for the purposes of this Act, register a plan relating to South Bank public land that—

(a)clearly indicates the nature and location of the easements intended to be created on registration of the plan; and

(b)is accompanied by an instrument executed by the registered owner of the land to be burdened by the easements.

(3)The instrument must—

(a)specify the nature of the easements and any terms and conditions attaching to them; and

(b)except for easements mentioned in subsection (5)—specify the land to be benefited, and the land to be burdened, by the easements.

(4)A lessee of land from a public authority may not create easements by way of a plan and instrument under subsection (2).

(5)Easements may be created under subsection (2) in favour of—

(a)the Crown or a public authority to enable the supply of services to the corporation area; and

(b)a public authority to enable the public to use and enjoy land in the corporation area;

despite the easements not being annexed to or used and enjoyed with any other land.

(6)Easements under this section may be limited wholly or partly in height, depth or both.

(7)On registration under this section of a plan and instrument, the proposed easements shown on the plan are created, and without any further assurance and by virtue of the registration, are vested in the person entitled to the benefit of the easement.

(8)For the purposes of this section, the site of easements—

(a)intended to be created in relation to existing tunnels, pipes, conduits, wires or other similar objects that are underground, or that are within or beneath an existing building, may be indicated on a plan by defining the position of the easements; and

(b)may be indicated on the plan as being the whole or part of a lot.

(9)The instrument under subsection (2) may also nominate the persons (if any) whose consent to a surrender of an easement is required.

(10)Subsection (9) does not affect the requirement for the proprietor of the land benefited by an easement to join in a surrender of the easement.

(11)On registration of a plan under this section—

(a)an easement created by the registration has effect according to the terms and conditions specified in the instrument as if the instrument were a deed under seal; and

(b)the nomination in the instrument of a person (if any) whose consent to a surrender of the easement is required, operates to require the consent of the person to a surrender of the easement.

(12)Despite the Land Title Act 1994, any other Act, or any rule of law or equity to the contrary—

(a)an easement may be created under this section; and

(b)the rights and obligations in the instrument creating the easement are enforceable;

whether or not at the time the relevant plan is registered the land burdened and the land benefited are in common ownership.

(13)In creating an indefeasible title for land benefited or burdened by an easement created under this section, the registrar of titles must record the easement against the indefeasible title in the way the registrar of titles considers appropriate.

(14)An easement created under this section is not extinguished merely because the owner of the land benefited by the easement holds or acquires a greater interest in the land burdened.

(15)A plan proposing to establish an access easement to a road (as defined in section 41(1)) must be approved by the appropriate authority.

Part 7    Development and uses

Division 1 Interpretation

49   Definitions for pt 7

In this part—

application means an application for a development approval.

approved form ...

currency period see section 66(2) or (3).

decision notice see section 61.

information request see section 58.

lawful use see section 50(1).

owner, of land, means—

(a)subject to paragraphs (b) and (c), the person for the time being entitled to receive the rent for the land or who would be entitled to receive the rent for it if it were let to a tenant at a rent; or

(b)if the land is common property in a leasehold building units plan, the body corporate; or

(c)if the land is a lot in a leasehold building units plan, the lessee of the lot.

use see section 50(2).

50   Meaning of lawful use and use

(1)A lawful use of premises within the corporation area includes a use that is a natural and ordinary consequence of making a material change of use of the premises if the material change of use, including a change that happened before the commencement of this section, was made in accordance with this Act.

(2)Use, of premises, includes any ancillary use of the premises.

Division 2 Existing uses and rights protected

51   Lawful uses of premises protected

(1)Subsection (2) applies if immediately before the commencement of the approved development plan or an amendment of the approved development plan the use of premises was a lawful use of the premises.

(2)Neither the development plan nor the amendment can—

(a)stop the use from continuing; or

(b)further regulate the use; or

(c)require the use to be changed.

52   Lawfully constructed buildings and works protected

To the extent a building or other work has been lawfully constructed or effected, neither the approved development plan nor an amendment of the approved development plan can require the building or work to be altered or removed.

53   Amendment of approved development plan can not affect existing development approvals

(1)This section applies if—

(a)a development approval exists for premises; and

(b)after the approval is given, the approved development plan is amended.

(2)To the extent the approval has not lapsed, the amendment of the approved development plan can not stop or further regulate the development, or otherwise affect the approval.

Division 3 Development approvals

54   Development approval authorises assessable development

A development approval authorises assessable development to occur—

(a)to the extent stated in the approval; and

(b)subject to the conditions in the approval.

55   Applying for a development approval

(1)Each application must be made to the council.

(2)Each application must be made in the approved form.

(3)Each application must be accompanied by the fee decided by the council.

(4)The fee must not be more than the actual cost of considering and processing the application.

(5)An application complying with subsections (1), (2) and (3) is a properly made application.

(6)The council may refuse to receive an application that is not a properly made application.

(7)If the council receives, and after consideration accepts, an application that is not a properly made application, the application is taken to be a properly made application.

(8)Subsection (7) does not apply to an application unless the application contains the written consent of the owner of any land to which the application applies.

56   Changing an application

Before an application is decided, the applicant may change the application by giving the council written notice of the change.

57   Withdrawing an application

(1)An application may be withdrawn by the applicant, by written notice given to the council, at any time before the application is decided.

(2)The council may refund all or part of any fee paid for the application.

58   Information requests to applicant

The council may ask the applicant, by written request (an information request), to give further information needed to assess the application.

59   Applicant responds to any information request

(1)If the applicant receives an information request from the council, the applicant must respond by giving the council all of the information requested within the reasonable time requested by the council.

(2)If the applicant does not provide the information within the reasonable time requested by the council, the council may refuse the application.

60   Deciding the application generally

(1)The council must—

(a)approve all or part of the application; or

(b)approve all or part of the application subject to conditions decided by the council; or

(c)refuse the application.

(2)Without limiting subsection (1)(b), the council may impose conditions about infrastructure and the payment of contributions for infrastructure in the corporation area.

(3)In this section—

infrastructure includes the extent and location of proposed infrastructure, having regard to existing infrastructure networks, their capacities and thresholds for augmentation.

61   Decision notice

(1)The council must give written notice of the decision in the approved form (the decision notice) to the applicant.

(2)The decision notice must be given within 5 business days after the day the decision is made and must state the following—

(a)the day the decision was made;

(b)whether the application is approved, approved subject to conditions or refused;

(c)if the application is approved subject to conditions, the conditions;

(d)if the application is refused, the reasons for refusal.

(3)When the council gives a decision notice under subsection (1), the council must also give a copy of any plans and specifications approved by the council in relation to the decision notice.

62   Conditions must be relevant or reasonable

A condition imposed under section 60(1)(b) must—

(a)be relevant to, but not an unreasonable imposition on, the development or use of premises as a consequence of the development; or

(b)be reasonably required in relation to the development or use of premises as a consequence of the development.

63   Particular approvals to be recorded on planning scheme

(1)If—

(a)development approval is given by the council; and

(b)the council is satisfied the development approval is inconsistent with the council’s planning scheme;

the council must note the development approval on the planning scheme.

(2)To remove any doubt, it is declared that—

(a)the note on the planning scheme is not an amendment of the planning scheme; and

(b)a contravention of subsection (1) does not affect the validity of the development approval.

64   When development approval takes effect

If the application is approved, or approved subject to conditions, the decision notice is taken to be the development approval and has effect from the time the decision notice is given.

65   When development may start

(1)Development may start when development approval for the development takes effect.

(2)Subsection (1) applies subject to any condition applying under section 61(2)(c) to a development approval for the development.

66   When development approval lapses

(1)The development approval for the application lapses at the end of the currency period for the development approval unless—

(a)for development that is a material change of use—the change of use happens before the end of the currency period; or

(b)for development that is a reconfiguration of a South Bank lot—the plan for the reconfiguration of the lot is given to the council for its approval before the end of the currency period; or

(c)for development not mentioned in paragraph (a) or (b)—development under the development approval substantially starts before the end of the currency period.

(2)To the extent the development approval is for development other than a material change of use, the currency period is—

(a)the 1 year starting the day the approval takes effect; or

(b)if the approval states or implies a time for the approval to lapse—the period from the day the approval takes effect until the stated or implied time.

(3)To the extent the development approval is for development that is a material change of use, the currency period is—

(a)the 2 years starting the day the approval takes effect; or

(b)if the approval states or implies a time for the approval to lapse—the period from the day the approval takes effect until the stated or implied time.

67   Request to extend currency period

(1)If, before the development approval lapses, a person having an interest in the land to which the development approval relates wants to extend the currency period, the person may, by written notice, ask the council to extend the currency period.

(2)If the council has an approved form for the request, the request must be in the approved form.

(3)The request must—

(a)be made before the currency period ends; and

(b)be accompanied by the fee for the request decided by the council.

(4)The fee must not be more than the actual cost of considering and processing the request.

68   Deciding request to extend currency period

(1)The council must approve or refuse the extension within 30 business days after receiving the request.

(2)The council and the person making the request may agree to extend the period within which the council must decide the request.

(3)Despite section 66, the development approval does not lapse until the council decides the request.

(4)After deciding the request, the council must give written notice of the decision to the person making the request.

69   Development approval attaches to land

(1)The development approval attaches to the land, the subject of the application, and binds the owner of the land, the owner’s successors in title and any occupier of the land.

(2)To remove any doubt, it is declared that subsection (1) applies even if later development (including reconfiguring a South Bank lot) is approved for the land (or the land as reconfigured).

70   Request to change or cancel development approval

(1)This section applies if a person having an interest in the land to which the development approval relates wants to change or cancel a development approval.

(2)The person may, by written notice to the council, ask the council to change or cancel the development approval.

(3)If the council has an approved form for the request, the request must be in the approved form.

(4)The request must be accompanied by the fee for the request decided by the council.

(5)The fee must not be more than the actual cost of considering and processing the request.

71   Deciding request to change or cancel development approvals

(1)The council must decide the request within 20 business days after receiving the request.

(2)The council and the person may agree to extend the period within which the council must decide the request.

(3)To the extent relevant, the council must assess and decide the request having regard to—

(a)the matters the council would have regard to if the request were a development application; and

(b)the interests of other persons whose interests in the land may be affected by the application.

(4)The council must give the person written notice of the decision.

(5)The changed development approval or cancellation takes effect from the day the notice is given to the person.

Division 4 South Bank development offences

72   Application of this division to the corporation

This division does not bind the corporation.

73   Carrying out assessable development without development approval

A person must not start assessable development without a development approval for the development.

Maximum penalty—1,665 penalty units.

74   Compliance with development approval

A person must not contravene a development approval, including any condition in the approval.

Maximum penalty—1,665 penalty units.

75   Offence about use of premises

A person must not use premises in the corporation area if the use is not a lawful use.

Maximum penalty—1,665 penalty units.

76   Development or use carried out in emergency

Sections 73, 74 and 75 do not apply to a person if—

(a)the person starts development or a use because of an emergency endangering—

(i)the life or health of a person; or

(ii)the structural safety of a building; and

(b)the person gives written notice of the development or use to the corporation or council as soon as practicable after starting the development or use.

Division 5 Relationship with the Planning Act and Planning and Environment Court Act 2016 until the development completion date

77   Application of division

(1)This division applies to the following applications (each a relevant application)—

(a)a development application under the Planning Act for which the corporation is a referral agency under that Act;

(b)a change application under the Planning Act for which the corporation is a referral agency under that Act.

(2)However, this division applies only until the end of the development completion date.

(3)In this section—

change application does not include a change application for a minor change to a development approval, as defined in the Planning Act.

78   Modified application of the Planning Act—appeals and prohibited development conditions

(1)Despite the Planning Act, section 229, the applicant for the relevant application can not appeal against the corporation’s referral agency’s response under the Planning Act for the application.

(2)The Planning Act, section 66 does not apply to a condition the corporation directs the assessment manager for the relevant application to impose on any development approval given under the Planning Act for the application.

78A   Modified application of Planning and Environment Court Act 2016—particular declarations

(iii)either—

(A)in person at the meeting; or

(B)by a person appointed in writing given to the secretary of the body corporate before a time specified in the notice (being a time not later than the time for the holding of the meeting) as a proxy; or

(C)in respect of some or all of the motions set out in the notice—by casting his or her vote on the voting paper referred to in paragraph (b) accompanying the notice; or

(D)in respect of the election of the chairperson, secretary or treasurer of the body corporate and other members of the committee—by furnishing to the secretary of the body corporate the ballot paper given to him or her in accordance with subclause (5)(c) indicating his or her vote on it.

(amended)

(6A)A person is not entitled to submit a motion for inclusion in the agenda of a meeting, to move a motion at the meeting or to nominate a person for election as the chairperson, secretary or treasurer of the body corporate or a member of the committee unless he or she is entitled to vote on that motion or in that election.

(6B)For the purposes of subclause (6A), a lessee who but for the existence of a mortgage over the lease of the lot or his or her failure to pay any contribution levied or other amount recoverable by the body corporate, would be entitled to vote on a motion or in an election or a company nominee of any such lessee that is a corporation shall be deemed to be entitled to vote on that motion or in that election.

(amended)

(7)A motion shall not be submitted at a general meeting unless notice of the motion has been given under this clause.

(8)A reference in subclause (7) to a motion includes a reference to a motion to amend a motion unless there is no vote cast in writing, as referred to in clause 5(b), in respect of the motion sought to be amended.

(9)The chairperson of a general meeting may with the consent of the meeting adjourn any general meeting from time to time and from place to place but no business shall be transacted at an adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.

(10)No business shall be raised at a meeting unless that business is set forth in the notice of the meeting.

2   Persons entitled to vote at general meetings

(1)Subject to section 131, a person is entitled to vote in respect of any lot on any motion submitted at a general meeting of a body corporate or on an election of the chairperson, secretary and treasurer of the body corporate and other members of the committee only if he or she is the lessee of that lot as shown on the roll or, where the lessee so shown is a corporation, the company nominee of that corporation as shown on that roll.

(amended)

(2)Despite any other provision of this clause, a first mortgagee of the lease of a lot, as shown on the roll, or, where the first mortgagee is a corporation, the company nominee, as shown on that roll, of that corporation is entitled to vote in respect of that lot on any motion submitted at a general meeting of a body corporate or on an election of the chairperson, secretary and treasurer of the body corporate and members of the committee under section 131.

(amended)

(3)Despite section 53(11), co-lessees or co-mortgagees including, where a co-lessee or co-mortgagee is a corporation, the company nominee of that corporation as shown on the roll shall only be entitled to cast a vote by a person duly appointed in writing as a proxy by them jointly and if notice of his or her appointment has been given to the secretary of the body corporate before the commencement of the meeting at which the vote is cast or by furnishing to the secretary of the body corporate a voting paper referred to in clause 1(6)(b) indicating their joint vote on that motion or, where relevant, a ballot paper, duly completed, referred to in clause 1(5)(c).

(amended)

(4)Only the lessee entitled to the first of 2 or more successive estates in a lot or, where that lessee is a corporation, the company nominee of that corporation as shown on the roll is, subject to this part, entitled to cast a vote on a motion submitted at a general meeting of a body corporate or on an election of the chairperson, secretary and treasurer of the body corporate and other members of the committee.

(amended)

(5)A lessee who is the trustee of the leasehold estate in a lot or, where that lessee is a corporation, the company nominee of that corporation as shown on the roll is, subject to this part, entitled to cast a vote on a motion submitted at a general meeting of a body corporate or on an election of the chairperson, secretary and treasurer of the body corporate and other members of the committee and the persons beneficially interested in the trust are not entitled to cast such a vote.

(amended)

(6)Despite any other provision of this Act, at a general meeting of the body corporate a person shall not be entitled to vote in respect of—

(a)any motion other than a motion which to be effective must be passed by unanimous resolution or resolution without dissent; or

(b)the election of the chairperson, secretary or treasurer of the body corporate or the other members of the committee;

unless—

(c)all contributions levied and due and payable at least 30 days before the meeting in respect of the lot in respect of which he or she is entitled to vote; and

(d)any other moneys recoverable under this Act by the body corporate from the person or the lessee of the lot at the date of the notice given under clause 1(4);

have been duly paid before the commencement of the meeting.

(amended)

(7)The voting rights conferred by this clause are subject to section 53(11) and (12).

3   Quorum

(1)A motion submitted at a general meeting of a body corporate shall not be considered at that meeting and an election of the chairperson, secretary and treasurer of the body corporate and other members of the committee shall not be held at a meeting of the body corporate unless the number of persons present at that meeting either personally or by proxy and entitled to vote, together with the number of voters whose votes are cast in writing on that motion or election, constitute a quorum for considering that motion or holding that election.

(2)Subject to subclause (3), one-quarter of the persons entitled to vote on a motion or on an election of chairperson, secretary and treasurer of that body corporate and other members of the committee constitute a quorum for considering that motion or holding that election.

(3)Where there is no quorum, as provided in subclause (2), for considering any motion or holding an election of chairperson, secretary and treasurer of the body corporate and other members of the committee at a general meeting of a body corporate within one-half hour after that motion or business arises for consideration at that meeting, the meeting shall stand adjourned to the same day in the next week at the same place and time and if there is no quorum, as provided in subclause (2), for considering that motion or holding that election at the adjourned meeting within one-half hour after that motion or business arises for consideration, the number of persons present personally or by proxy and entitled to vote, together with the number of voters whose votes are cast in writing on that motion or on that election, constitute a quorum for considering that motion or business.

(4)A general meeting of a body corporate is, subject to this clause, validly held even though the only person present at the meeting is the chairperson of the body corporate.

4   Motions out of order

At a general meeting of a body corporate the chairperson may rule that a motion submitted at the meeting is out of order if—

(a)the chairperson considers that the motion, if carried, would conflict with this Act, the principal Act, the by-laws, management statement or would otherwise be unlawful or unenforceable; or

(b)except in respect of a motion to amend a motion—clause 1(7) has not been complied with respect to the motion; or

(c)in respect of a motion to amend a motion—there is any vote cast in writing, as referred to in clause 5(b), in respect of the motion sought to be amended.

(amended)

5   Method of casting votes

Subject to clause 2(3), a vote on a motion submitted at a general meeting of a body corporate or on an election of the chairperson, secretary and treasurer of the body corporate and other members of the committee may be cast—

(a)by the person entitled to vote, either personally or by the person’s proxy duly appointed in writing; or

(b)by furnishing to the secretary of the body corporate a voting paper referred to in clause 1(6)(b) indicating the vote of the person entitled to vote on that motion or a ballot paper, duly complete, referred to in clause 1(5)(c), as the case may be.

6   Withdrawal of voting paper

Even though a person entitled to vote at a general meeting of a body corporate has cast a vote on a motion submitted at that meeting or on an election of the chairperson, secretary and treasurer of the body corporate and other members of the committee by indicating his or her vote on that motion on a voting paper referred to in clause 1(6)(b) or ballot paper referred to in clause 1(5)(c), if the person attends that meeting either personally or by another person holding a proxy, he or she may before commencement of the business of the meeting notify the chairperson or secretary of the body corporate that he or she withdraws that voting paper or ballot paper and, where he or she does so—

(a)for the purpose of determining whether there is a quorum for consideration of any such motion or for the holding of any such election at the meeting—the person’s voting paper or ballot paper, as the case may be, shall be disregarded; and

(b)for the purpose of counting the votes on that motion or that election—the person’s voting paper or ballot paper shall be disregarded; and

(c)the person or the person’s proxy duly appointed in writing may vote on that motion or that election at the meeting in the same manner as if he or she had not furnished that voting paper or ballot paper.

7   Chairperson to preside

The chairperson of a body corporate shall preside at a general meeting of the body corporate at which he or she is present and, in his or her absence from any such meeting, the persons present at that meeting and entitled to vote on motions submitted at that meeting may elect a person present at the meeting to preside at that meeting and the person so elected shall, while he or she is so presiding, be deemed to be the chairperson of the body corporate.

8   Scrutineers

At a general meeting, the chairperson may appoint persons as scrutineers who shall be entitled to inspect all voting papers and ballot papers furnished to the secretary of the body corporate under clause 5(b) and relating to business at that meeting.

9   Chairperson to have available names of persons entitled to vote

The chairperson at a general meeting of the body corporate shall have available for inspection, before submitting a motion to the meeting or the holding of the election of the chairperson, secretary and treasurer of the body corporate and other members of the committee, a list of the names of the persons who are entitled to vote on that motion or at that election.

10   Counting of votes on election of chairperson, secretary, treasurer and committee

Each person entitled to vote on an election of the chairperson, secretary and treasurer of a body corporate and other members of the committee has 1 vote in respect of each lot in respect of which he or she is entitled to vote.

11   Counting of votes on motions

(1)Subject to this clause, a motion submitted at a general meeting of a body corporate shall be decided according to the number of votes cast for and against the motion, whether personally, by proxy or in writing, each person entitled to vote having 1 vote in respect of each lot in respect of which he or she is entitled to vote.

(2)If—

(a)a poll is demanded by any person entitled to vote at a general meeting of a body corporate on a motion submitted at that meeting, whether or not the motion has been decided in accordance with subclause (1), and the demand is made by that person personally at the meeting or on the voting paper on which he or she votes in respect of that motion; or

(b)a motion submitted at such a meeting is for a resolution which, if it is to be effective, is required by this Act to be a special resolution;

the motion shall be decided according to the value, ascertained in accordance with subclause (3), of the votes cast for and against the motion, whether personally, by proxy or in writing.

(3)For the purposes of subclause (2), the value of a vote cast on a motion submitted at a general meeting of a body corporate by a person entitled to vote in respect of a lot is equal to the lot entitlement of that lot.

(4)Any 1 co-lessee or co-mortgagee may demand a poll and on any poll each co-lessee or co-mortgagee shall be entitled to such part of the vote applicable to a lot as is proportional to the interest in the lease of the lot.

(amended)

(4A)A joint proxy (if any) on a poll shall have a vote proportional to the interests in the lease of the lot of such of the co-lessees or co-mortgagees as do not vote personally or by individual proxy.

(amended)

(5)A poll shall be taken in such manner as the chairperson thinks fit.

(6)A demand for a poll may be withdrawn by the person who made it.

(7)In the case of equality in the votes whether on a show of hands or in a poll, the chairperson of the meeting shall be entitled to a casting vote in addition to his or her original vote whether or not he or she has exercised that original vote.

12   Chairperson’s declaration of vote

The declaration of the chairperson of the result of the voting on any motion submitted at a general meeting of the body corporate, otherwise than on a poll, shall be conclusive without proof of the votes recorded for or against the motion.

13   Requisition for motion to be included on agenda for general meeting

(1)Any person entitled to vote at a general meeting of a body corporate may by notice in writing served on the secretary of the committee require inclusion in the agenda of the next general meeting of the body corporate (other than a meeting in respect of which notices have already been given under clause 1(4)) of a motion set out in the first notice and the secretary shall comply with the notice.

(2)For the purposes of subclause (1), a lessee who but for the existence of a mortgage over the lease of the lot or his or her failure to pay any contribution levied or other amount recoverable by the body corporate would be entitled to vote at a general meeting of the body corporate or a company nominee of any such lessee that is a corporation shall be deemed to be entitled to vote at that meeting.

(amended)

14   Amendment or revocation of resolution

A unanimous resolution, resolution without dissent or special resolution of a body corporate may not be amended or revoked except by a subsequent unanimous resolution, resolution without dissent or special resolution, as the case may be.

15   Duties of original lessee until officers elected

Until the offices of chairperson, secretary and treasurer of the body corporate are filled the powers and functions conferred on the holders of those offices—

(a)shall be exercised and performed by the original lessee or by his or her agent duly authorised in writing; or

(b)if the lessor exercises or intends to exercise its rights under section 29(1)(b)—may be performed by the lessor or its agent duly authorised in writing.

(amended)

16   Meetings of body corporate before first annual general meeting

(1)Until the first annual general meeting of the body corporate, the original lessee or the body corporate may convene an extraordinary general meeting and shall do so on receipt of a requisition signed by 1 or more persons entitled to vote in respect of 1 or more lots, the lot entitlement or the sum of the lot entitlements of which is at least one-quarter of the aggregate lot entitlement.

(amended)

(2)The provisions of this part (other than clause 1(2), (2A), (3) and (5)) apply to and in respect of a meeting referred to in subclause (1) so far as those provisions are not inconsistent with, or incapable of applying to, such a meeting.

17   Appointment of proxy

(1)An instrument appointing a proxy shall be in writing under the hand of the person making the appointment or the person’s attorney, and may be either general or for a particular meeting.

(amended)

(2)A proxy need not be a lessee.

(amended)

Schedule 3 By-laws

1   Noise

A lessee or occupier of a lot shall not upon the parcel create any noise likely to interfere with the peaceful enjoyment of the lessee or occupier of another lot or of any person lawfully using common property.

(amended)

2   Vehicles

Unless a by-law under section 30(7) authorises him or her so to do, a lessee or occupier of a lot shall not park or stand any motor or other vehicle upon common property except with the consent in writing of the body corporate.

(amended)

3   Obstruction

A lessee or occupier of a lot shall not obstruct lawful use of common property by any person.

(amended)

4   Damage to lawns etc. on common property

A lessee or occupier of a lot shall not—

(a)damage any lawn, garden, tree, shrub, plant or flower being part of or situated upon common property; or

(b)except with the consent in writing of the body corporate—use for his or her own purposes as a garden any portion of the common property.

(amended)

5   Damage to common property

(1)A lessee or occupier of a lot shall not mark, paint, drive nails or screws or the like into, or otherwise damage or deface, any structure that forms part of the common property except with the consent in writing of the body corporate, but this by-law does not prevent a lessee or person authorised by the lessee from installing—

(a)any locking or other safety device for protection of his or her lot against intruders; or

(b)any screen or other device to prevent entry of animals or insects upon his or her lot.

(2)However, the locking or other safety device or, as the case may be, screen or other device must be properly constructed, maintained in a state of good and serviceable repair by the lessee and not detract from the amenity of the building.

(amended)

6   Behaviour of invitees

A lessee or occupier of a lot shall take all reasonable steps to ensure that his or her invitees do not behave in a manner likely to interfere with the peaceful enjoyment of the lessee or occupier of another lot or of any person lawfully using common property.

(amended)

7   Depositing rubbish etc. on common property

A lessee or occupier of a lot shall not deposit or throw upon the common property any rubbish, dirt, dust or other material likely to interfere with the peaceful enjoyment of the lessee or occupier of another lot or of any person lawfully using the common property.

(amended)

8   Appearance of building

A lessee or occupier of a lot shall not, except with the consent in writing of the body corporate, hang any washing, towel, bedding, clothing or other article or display any sign, advertisement, placard, banner, pamphlet or like matter on any part of his or her lot in such a way as to be visible from outside the building.

(amended)

9   Storage of flammable liquids etc.

A lessee or occupier of a lot shall not, except with the consent in writing of the body corporate, use or store upon his or her lot or upon the common property any flammable chemical, liquid or gas or other flammable material, other than chemicals, liquids, gases or other material used or intended to be used for domestic purposes, or any such chemical, liquid, gas or other material in a fuel tank of a motor vehicle or internal combustion engine.

(amended)

10   Garbage disposal

A lessee or occupier of a lot shall—

(a)unless the body corporate provides some other means of disposal of garbage, maintain within his or her lot, or on such part of the common property as may be authorised by the body corporate, in a clean and dry condition and adequately covered, a receptacle for garbage; and

(b)comply with all council local laws relating to the disposal of garbage; and

(c)ensure that the health, hygiene and comfort of the lessee or occupier of any other lot is not adversely affected by his or her disposal of garbage.

(amended)

11   Keeping of animals

Subject to section 30(12), a lessee or occupier of a lot shall not, without the approval in writing of the body corporate, keep any animal upon his or her lot or the common property.

(amended)

Schedule 4 Provisions applying to committees and office bearers

1   Committee’s power to employ agents and employees

Subject to sections 46, 48 and 50, a committee may employ for and on behalf of the body corporate such agents and employees as it thinks fit in connection with the exercise and performance of the powers and functions of the body corporate.

2   Noticeboard

A committee shall cause a noticeboard to be affixed to some part of the common property and, if there is no common property, on an appropriate place within the parcel, visible to the lessees.

(amended)

3   Meetings and delegation of powers and duties

The committee may—

(a)subject to clauses 4 and 5, meet together for the conduct of business, adjourn and otherwise regulate its meetings as it thinks fit; and

(b)subject to any restriction imposed or direction given at a general meeting, delegate to 1 or more of its members such of its powers and duties as it thinks fit and at any time revoke such delegation.

4   Meeting at request of members

The secretary of the body corporate or, in the secretary’s absence, any member of the committee, at the request of not less than one-third of the members of the committee, shall convene a meeting of the committee within the period of time (if any) specified in the request or, if not so specified, within 7 days of the making of the request.

5   Place of meeting

A meeting of the committee shall not be held at any place outside a radius of 15km—

(a)in any case—from the parcel; or

(b)in the case of a stratum parcel—from the site on which is erected the building, part of which is comprised in the leasehold building units plan;

if, prior to the commencement of the meeting, any person entitled to vote at the meeting objects to that place by notice in writing to the secretary of the committee.

(amended)

6   Notice of committee meetings

For not less than 24 hours ending immediately before a committee holds a meeting the secretary or member of the committee convening the meeting shall cause a notice of intention to hold the meeting, containing the agenda for the meeting, to be displayed on the noticeboard.

7   Voting in writing by members of a committee

Where—

(a)clause 6 has been complied with in relation to any meeting; and

(b)the committee has caused to be served on each member of the committee a copy of any motion for a proposed resolution to be submitted at that meeting; and

(c)any such resolution has been approved in writing by a majority of the members of the committee;

the resolution shall, subject to section 45(3), be valid as if it had been duly passed at a duly convened meeting of the committee, even though the meeting was not held.

8   Minute of certain resolutions to be included in committee’s minutes

The committee shall cause to be included in its minutes a minute of all resolutions passed under clause 7.

9   Acts etc. of committee valid despite vacancies

Any act or proceeding of a committee done in good faith, even though at the time when the act or proceeding was done, taken or commenced there was—

(a)a vacancy in the office of a member of the committee; or

(b)a defect in the appointment, or a disqualification of a member;

is valid as if the vacancy, defect or disqualification did not exist and the committee were fully and properly constituted.

10   Powers and duties of secretary

The powers and duties of a secretary of a body corporate include—

(a)the preparation and distribution of minutes of meetings of the body corporate and the submission of a motion for confirmation of the minutes of any meeting of the body corporate at the next such meeting; and

(b)the giving on behalf of the body corporate and of the committee of the notices required to be given under this Act; and

(c)the maintenance of the roll; and

(d)the supply of information on behalf of the body corporate under section 40(1)(a) and (b); and

(e)the answering of communications addressed to the body corporate; and

(f)the calling of nominations of candidates for election as chairperson, secretary and treasurer of the body corporate and other members of the committee; and

(g)subject to sections 29(1) and (6) and 43(2A) and clause 3(b), the convening of meetings of the body corporate and of the committee.

(amended)

11   Powers and duties of treasurer

The powers and duties of a treasurer of a body corporate include—

(a)the notifying of lessees of any contributions levied under this Act; and

(b)the receipt, acknowledgement and depositing at a financial institution of and the accounting for any money paid to the body corporate; and

(c)the preparation of any certificate applied for under section 40(1)(c); and

(d)the keeping of the books of account referred to in section 38D(1)(b) and the preparation of the statement of accounts referred to in section 38D(1)(c).

(amended)

Schedule 5 Rights and obligations implied in certain easements

1   Interpretation

(1)In this schedule—

pipes includes cables, tubes, wires and conduits of all kinds.

service has the same meaning as in section 17(1).

(new)

(2)For the purposes of this schedule, a reference to a person entitled to the benefit of a right of vehicular or personal access or of an easement for a specified service—

(a)where a stratum parcel is the dominant tenement—is a reference to—

(i)a lessee of a lot within the parcel; or

(ii)the body corporate of the leasehold building units plan; or

(iii)any person authorised by either of them; or

(iv)any person who is, under any Act, entitled to immediate possession of the lot or former lot; or

(b)where a stratum parcel is the servient tenement—is a reference to—

(i)the lessor under the leasehold building units plan concerned; or

(ii)any person entitled to an estate or interest in possession in the dominant tenement; or

(iii)any person authorised by either of them.

(new)

2   Right of vehicular access

Each person entitled to the benefit of a right of vehicular access has at all times an unrestricted right—

(a)to pass and repass, with or without vehicles, machinery, implements and other equipment of every kind, over the roadways, ramps and land over which the right of access is created; and

(b)to carry out an inspection of those roadways and ramps and that land.

(new)

3   Right of personal access

Each person entitled to the benefit of a right of personal access has at all times an unrestricted right—

(a)to pass and repass, without vehicles but with or without hand tools, hand implements and other equipment capable of being carried by hand, over the stairs, escalators, lifts, passages, corridors, shafts and other areas over which the right of access is created; and

(b)to carry out an inspection of those stairs, escalators, lifts, passages, corridors, shafts and other areas.

(new)

4   Obligations relating to rights of access

(1)Where a right of vehicular or personal access is created over or appurtenant to a stratum parcel, the roadways, ramps, land, stairs, escalators, lifts, passages, corridors, shafts and other areas to which the right relates shall be maintained in good order and repaired—

(a)by the body corporate concerned, the lessor or another person indicated, in the instrument by which the right is created or in any instrument in an approved form by which the instrument is varied, as having responsibility for those matters; or

(b)where any such instrument does not indicate who is responsible for those matters—by the person or, if more than 1, jointly by the persons entitled to an estate or interest in possession in the dominant tenement.

(new)

(2)If a body corporate, the lessor or someone else fails to carry out a responsibility imposed by subclause (1) and at least 7 days have passed since the failure first happened, any other of them may take the lawful steps necessary to ensure the responsibility is carried out.

(new)

5   Easements for services

(1)Each person entitled to the benefit of an easement for a specified service has at all times an unrestricted right—

(a)(except when it is necessary to halt the service for any essential maintenance or repairs relating to the service) to the passage of the service, to any extent consistent with the rights of other persons having the same or similar rights, along or through any existing line of pipes or any existing apparatus that is for the time being within the burdened land; and

(b)to carry out an inspection of the pipes or apparatus to which the easement relates; and

(c)in order to maintain the efficiency of any such pipes or apparatus—

(i)to enter the part of the burdened land in respect of which the easement is created by such route as is reasonable in the circumstances; and

(ii)to remain there for such reasonable time as may be necessary for the purpose of replacing, inspecting, cleaning, repairing, maintaining or renewing the pipes or apparatus or any part of the pipes or apparatus and of making such excavations as may be reasonably necessary;

subject to the conditions that—

(iii)the burdened land is disturbed as little as possible; and

(iv)any excavated surface is restored as nearly as possible to its original state; and

(v)any other damage attributable to the operations referred to in this clause is repaired.

(new)

(2)In this clause, a reference to burdened land—

(a)where a stratum parcel is the dominant tenement—is a reference to so much of—

(i)the building, part of which is subject to the leasehold building units plan; and

(ii)the site of that building;

as is not part of the parcel; or

(b)where a stratum parcel is the servient tenement—is a reference to the parcel.

(new)

6   Obligations relating to an easement for the provision of services

(1)Where an easement for services is created over or appurtenant to a stratum parcel, the pipes or apparatus to which the easement relates shall be maintained in good order and repaired—

(a)by the body corporate concerned, the lessor or another person, indicated in the instrument by which the easement is created or in any instrument in the approved form, by which that easement is varied, as having responsibility for those matters; or

(b)where any such instrument fails to indicate who is responsible for those matters—by the person or, if more than 1, jointly by the persons entitled to an estate or interest in possession in the dominant tenement.

(new)

(2)If a body corporate, the lessor or someone else fails to carry out a responsibility imposed by subclause (1) and at least 7 days have passed since the failure first happened, any other of them may take the lawful steps necessary to ensure the responsibility is carried out.

(new)

7   Sharing of costs of maintenance and repair

(1)The costs of maintenance and repair in respect of a right of vehicular or personal access or an easement for services to which this schedule applies shall be borne by the lessor, body corporate or other person concerned—

(a)in the proportions specified in the instrument by which the easement was created or, where the proportions so specified have been varied, those proportions as varied; or

(b)where no such proportions are so specified—in equal proportions.

(new)

(2)Where a person (whether or not the body corporate or the lessor) incurs costs referred to in subclause (1), the person may demand in writing the amount that the body corporate, the lessor or other person referred to in that subclause is liable to contribute to those costs.

(new)

(3)A demand made under subclause (2) must be accompanied by receipts or invoices or copies of receipts or invoices which evidence the expenditure to which the demand relates.

(new)

(4)Where the body corporate, the lessor or other person fails to comply with any such demand within 7 days after it has been made, the amount demanded may be recovered in a court of competent jurisdiction as a debt due to the body corporate, lessor or other person.

(new)

8   Ancillary rights and powers

All easements to which this schedule applies shall carry with them such ancillary rights and powers as may be necessary to render them effective.

(new)

Schedule 6 Compensation payable on termination of leasehold building units plan

For the purposes of sections 24E(1)(c) and 26(7)(e), the formula is—where—

A means the value, at the date of termination of the leasehold building units plan concerned, of the improvements attributable to a lot.

B means the market value, at that date, of the lot, being the value of the lot at that date calculated on the basis that the lot—

(a)is held for an estate in fee simple in possession; and

(b)may be used, whether or not only with the consent of the local government for any purpose the use of the lot for which is not at that date prohibited.

where—

E means the site value, at that date, of the parcel the subject of that leasehold building units plan, being the value of the land included in that parcel at that date calculated on the basis that the land—

(a)is held for an estate in fee simple in possession; and

(b)may be used for the purpose of a site for the building or part of the building subject to the leasehold building units plan;

but excluding the value at that date of all improvements within the parcel.

U₁ means the unit entitlement of the lot.

U_n means the aggregate unit entitlement for that leasehold building units plan.

D means the part of factor B (if any) attributable to the value, at that date, of improvements to the lot effected by the lessor.

(new)

Schedule 5 Council land vested in corporation

section 18

(a)freehold held by council

•lots 1 to 4 on RP 81435

•lots 1 to 3 on RP 1419

•lot 293 on plan B 3139

•lot 92 on plan B 118250

(b)reserve land with council as trustee

•R 1744 lot 7 on plan SL 11015 GG 1956.3.163

•R 689 lot 5 on plan SL 11015 GG 1956.3.161.

Schedule 6 Provisions not to apply after development completion date

section 39

section 25(1)(a) to (c)

sections 32 to 38

section 40

part 7

section 92

SCHEDULE 7 [Repealed]

SCHEDULE 8 [Repealed]

Schedule 9

section 19

Schedule 10

section 20

SCHEDULE 11 [Repealed]

SCHEDULE 12 [Repealed]

SCHEDULE 13 [Repealed]

SCHEDULE 14 [Repealed]

Schedule 15 Commercial precinct

section 26(7), definition commercial precinct

Plan 1   

Plan 2