South Bank Corporation Amendment Act 1991 (Qld)

Queensland SOUTH BANK CORPORATION AMENDMENT ACT 1991 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Amendment of s.4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Insertion of new ss. 4A and 4B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4A. Interpretation—Modified Building Units and Group Titles Act . . . . . 7 4B. Interpretation—words etc. used in Modified Building Units and Group Titles Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6 Amendment of s. 12 (Variation of Corporation Area) . . . . . . . . . . . . . . . . . . 7 7 Amendment of s. 13 (Vesting of public lands other than roads) . . . . . . . . . . 7 8 Insertion of new s. 13A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 13A. Riverside Parkland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9 Amendment of s. 14 (Notification of vesting of land) . . . . . . . . . . . . . . . . . . 9 10 Replacement of s. 15 (Exemption from fees and charges) . . . . . . . . . . . . . . 9 15. Exemption from fees and charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 11 Amendment of s. 16 (Objects) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 12 Amendment of s. 17 (Functions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 13 Amendment of s. 22 (Implementation of Approved Development Plan) . . . 10 14 Insertion of new ss. 22A and 22B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 22A. Variation of development approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 22B. Completion of development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 15 Amendment of s. 23 (Powers in relation to land) . . . . . . . . . . . . . . . . . . . . . 13 16 Amendment of s. 24 (Closure of Roads) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 17 Replacement of s. 25 (Subdivision and amalgamation of land) . . . . . . . . . . 14 25. Subdivision and amalgamation of land and opening of roads . . . . . . . 14

18 Insertion of new ss. 25A to 25G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 25A. Stratum lots and dealings with stratum lots . . . . . . . . . . . . . . . . . . . . . 16 25B. Support and shelter for certain stratum lots . . . . . . . . . . . . . . . . . . . . . 19 25C. Services for certain stratum lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 25D. Ancillary rights for implied easements . . . . . . . . . . . . . . . . . . . . . . . . . 21 25E. Management statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 25F. Subdivision of land by a leasehold building units plan . . . . . . . . . . . . 24 25G. reation of easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 19 Amendment of s.34 (Effect of Act on Town Plan) . . . . . . . . . . . . . . . . . . . . . 26 20 Insertion of new s.34A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 34A. Interim use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 21 Amendment of s.35 (Application of Town Plan to Corporation Area) . . . . . 27 22 Amendment of s.36 (Complementary Development Area) . . . . . . . . . . . . . . 27 23 Amendment of s.37 (Payment in lieu of rates) . . . . . . . . . . . . . . . . . . . . . . . 28 24 Insertion of new s.38A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 38A. Payment of surplus funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 25 Insertion of new ss.39A to 39H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 39A. Fire safety requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 39B. Lessee taken to be owner of land or lot . . . . . . . . . . . . . . . . . . . . . . . . 29 39C. Valuation of stratum lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 39D. Acts not to apply to leases from Corporation . . . . . . . . . . . . . . . . . . . . 30 39E. Dividing Fences Act not to apply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 39F. Application of Land Sales Act to Public Authorities . . . . . . . . . . . . . . 31 39G. Building work by or on behalf of the Crown . . . . . . . . . . . . . . . . . . . . . 31 39H. Inconsistency with other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 26 Replacement of s.40 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 40. Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 27 Omission of s.44 (Winding up Corporation’s affairs) . . . . . . . . . . . . . . . . . . . 33 28 Insertion of Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 29 Amendment of other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

SCHEDULE 1 NEW SCHEDULES TO BE INSERTED IN THE SOUTH BANK CORPORATION ACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 SCHEDULE 6 MANAGEMENT STATEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 SCHEDULE 7 MODIFIED BUILDING UNITS AND GROUP TITLES ACT . . . . . . . . . . . . 37 SCHEDULE 8 COUNCIL LAND VESTED IN CORPORATION . . . . . . . . . . . . . . . . . . . . . . 226 SCHEDULE 9 PROVISIONS NOT TO APPLY AFTER DEVELOPMENT COMPLETION DATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226 SCHEDULE 2 AMENDMENT OF ACTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227

4 South Bank Corporation Amendment SOUTH BANK CORPORATION AMENDMENT ACT 1991 as amended by all amendments that commenced before 1 July 1991 An Act to Consolidate and Amend The Law relating to South Bank Corporation Amendment Act 1991 BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows. Short title 1. This Act may be cited as the South Bank Corporation Amendment Act 1991 . Commencement 2. This Act commences on a day to be fixed by proclamation. Amended Act 3. The South Bank Corporation Act 1989 is amended as set out in this Act. Amendment of s.4 (Interpretation) 4.(1) Section 4 (definition “land” )— omit. (2) Section 4— insert —

5 South Bank Corporation Amendment ‘ “appropriate authority” means— (a) at any time before the development completion date— (i) in relation to sections 25(13), 25(14), 25A(1) and 25F(1)—the Corporation after consultation with the Council; and (ii) in any other case—the Corporation; and (b) at any other time—the Council; ‘ “boundary adjustment plan” means a plan that, as provided by section 25A(4), shows minor adjustments to the boundaries of stratum lots; ‘ “building management committee” means the building management committee for a management statement referred to in clause 2(2) of Schedule 6; ‘ “development completion date” means the date of completion of development specified by proclamation under section 22B; ‘ “land” 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; and (d) a building; and (e) a stratum lot; ‘ “management statement” means a statement of by-laws and other particulars that, as provided by section 25E, regulates a building and its site or is intended to regulate a proposed building and its site; ‘ “Modified Building Units and GroupTitlesAct” has the meaning given by section 4A; ‘ “Parkland Precinct” means the land referred to as “Precinct 3—Parkland Precinct” in the Approved Development Plan; ‘ “Public Authority” means— (a) the Corporation; or (b) the Council; or

6 South Bank Corporation Amendment (c) a Public Agency; ‘ “Real Property Acts” means the Real Property Act 1861 and the Real Property Act 1877 ; ‘ “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; ‘ “South Bank public land” means land that is— (a) under the Real Property Acts; 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 section 8(1B) of Schedule 7; ‘ “stratum plan” means a plan of subdivision that, under section 25A, subdivides land into stratum lots; ‘ “stratum plan of amalgamation” means a plan, under section 25A, for the amalgamation of 2 or more, or all, stratum lots in a stratum plan; ‘ “stratum plan of subdivision” means a plan, under section 25A, for the subdivision of a stratum lot into 2 or more stratum lots; ’. (3) Section 4 (definition “development” )— omit ‘ (d)the subdivision or amalgamation of any land; ’ , insert — ‘ (d) the subdivision or amalgamation of any land; but does not include anything authorised under section 34A; ’. Insertion of new ss. 4A and 4B 5. After section 4— insert —

7 South Bank Corporation Amendment ‘Interpretation—Modified Building Units and Group Titles Act ‘4A. For the purposes of this Act, the Modified Building Units and Group Titles Act consists of the provisions set out in Schedule 7. ‘Interpretation—words etc. used in Modified Building Units and Group Titles Act ‘4B. Unless the contrary intention appears, words and expressions used in the Modified Building Units and GroupTitlesAct have the same meaning in this Act. ’. Amendment of s. 12 (Variation of Corporation Area) 6. Section 12(4)— omit , insert — ‘(4) If the Corporation Area is varied by the exclusion of certain land— (a) the provisions of this Act relating to the Corporation Area cease to apply to the land; and (b) the land becomes part of the Complementary Development Area and is subject to the Town Plan under section 35. ’. Amendment of s. 13 (Vesting of public lands other than roads) 7.(1) Section 13(1) to (4)— omit , insert — ‘Vesting of public lands other than roads ‘13.(1) The Governor in Council may, by order in council— (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.

8 South Bank Corporation Amendment ‘(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) In this section— “land” does not include the land owned in fee simple by Queensland Railways 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. ’. (2) Section 13(5)— renumber as section 13(4). Insertion of new s. 13A 8. After section 13— insert — ‘Riverside Parkland ‘13A.(1) The land referred to in Schedule 8 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 Acts 1909 or the Local Government Act 1936 ) is extinguished and compensation is not payable for the extinguishment. ‘(3) The Governor in Council may, by order in council, vest for an estate in fee simple in the Corporation and the Council, as tenants in common in the shares of 60 per cent and 40 per cent respectively, the part of the Parkland Precinct held by the Corporation. ‘(4) The Corporation is to manage the Parkland Precinct. ‘(5) The Corporation and the Council must not transfer an estate in the land contained in the Parkland Precinct if the estate is required to be registered under the Real Property Acts, unless the written consent of the Minister has been obtained. ’.

9 South Bank Corporation Amendment Amendment of s. 14 (Notification of vesting of land) 9.(1) Section 14(1)(a)— omit , insert — ‘ (a) on the written request of the Corporation, register the Corporation or the Corporation and the Council with respect to any estate in land that vests in the Corporation or the Corporation and the Council under this Act; ’. (2) Section 14(1)(b)— omit ‘ , in the prescribed form, ’. Replacement of s. 15 (Exemption from fees and charges) 10. Section 15— omit , insert — ‘Exemption from fees and charges ‘15. No fee or charge, nor any duty under the Stamp Act 1894 , is payable by the Corporation 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; to or from the Corporation or the Council. ’. Amendment of s. 16 (Objects) 11. Section 16— omit ‘ of land ’, insert ‘ , disposal and management of land and other property ’.

10 South Bank Corporation Amendment Amendment of s. 17 (Functions) 12. Section 17(1)(c)— omit , insert — ‘ (c) 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; (d) 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; (e) 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; (f) to promote, organise and conduct tourist, educational, recreational, entertainment, cultural and commercial activities in the Corporation Area; (g) to construct, establish, maintain, develop and operate tourist, educational, recreational, entertainment, cultural and commercial facilities within the Corporation Area; (h) to construct, establish, maintain, develop and operate transport facilities between places in the Corporation Area; (i) to carry out works for the purpose of landscaping the Corporation Area. ’. Amendment of s. 22 (Implementation of Approved Development Plan) 13.(1) Section 22(1)— omit ‘ within a period of five years of the date of commencement of this Act or such other period as the Governor in Council by Order in Council may determine ’ , insert ‘ as soon as is reasonably practicable having regard to the objects and functions of the Corporation ’.

11 South Bank Corporation Amendment (2) After section 22(1)— insert — ‘(1A) The Corporation is to submit a development program for the approval of the Minister. ‘(1B) 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. ’. (3) Section 22(2)(b)— omit , insert — ‘ (b) the land the subject of the development has become subject to the Town Plan and the developmental conditions, if any, under section 35; and ’. (4) After section 22(2)— insert— ‘(3) Subsection (2) does not apply, and never did apply, to development within the Parkland Precinct. ‘(4) When the Corporation is satisfied that development within the Parkland Precinct is substantially complete, the Precinct must, as soon as practicable, be included in an appropriate zone under the Town Plan. ‘(5) The inclusion of the Precinct in a zone is not to be subject to any developmental conditions. ‘(6) Before the Parkland Precinct is included in an appropriate zone under the Town Plan, the Corporation may, in writing, approve development within the Parkland Precinct that is in accordance with the Approved Development Plan. ‘(7) Where the Corporation approves development under subsection (6), the development is taken to be— (a) development in accordance with the Approved Development Plan; and

12 South Bank Corporation Amendment (b) a lawful use of the land for the purposes of the Local Government(Planning and Environment) Act 1990 and the Town Plan from the day that the Parkland Precinct is included in an appropriate zone under the Town Plan. ’. Insertion of new ss. 22A and 22B 14. After section 22— insert— ‘Variation of development approval ‘22A.(1) An application for variation of a development approval before completion of development is to be made to the Corporation. ‘(2) The Corporation must— (a) if it considers that the variation is in accordance with the Approved Development Plan—approve the application in writing; or (b) in any other case—refuse the application in writing. ‘(3) The provisions of this Act that apply to an application for approval of development apply to an application for approval to vary the development. ‘Completion of development ‘22B.(1) When the Governor in Council is satisfied that development within the Corporation Area is substantially complete, the Governor in Council may, by order in council, 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, by proclamation, specify the date of completion of development.

13 South Bank Corporation Amendment ‘(4) After the development completion date— (a) the Approved Development Plan does not apply to the Corporation Area; and (b) the Town Plan applies to the Corporation Area; and (c) the provisions of this Act referred to in Schedule 9 no longer have any effect and are taken to be repealed. ’. Amendment of s. 23 (Powers in relation to land) 15.(1) Section 23(2) to (4)— omit. (2) After section 23(5)— insert — ‘(6) Subsection (5) does not apply to leases of land in the Parkland Precinct. ‘(7) The Corporation must not transfer an estate in fee simple in its land to any person other than the Council under section 13A. ‘(8) The Minister’s approval under subsection (1) is not required for the transfer of an estate that does not require registration under the Real Property Acts. ‘(9) Before entering into a lease of land over a road, a Public Authority is to consult with the Minister administering the Land Act 1962 . ’. Amendment of s. 24 (Closure of Roads) 16. Section 24(3)— omit ‘ become ’ , insert ‘ on application made to the Minister administering the Land Act 1962 be issued with a Deed of Grant and becomes ’.

14 South Bank Corporation Amendment Replacement of s. 25 (Subdivision and amalgamation of land) 17. Section 25— omit , insert — ‘Subdivision and amalgamation of land and opening of roads ‘25.(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 lot concerned or by means of an easement; ‘ “land” means land— (a) under the Real Property Acts; and (b) within the Corporation Area; ‘ “lot” means a single parcel of land, the boundaries of which are defined in a plan of survey registered under this Act or the Real Property Acts; ‘ “road” means (for the purposes of subsection (19) and 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 the subdivision or amalgamation of land includes a reference to a subdivision or amalgamation of land and the opening of roads permitted under sections 25A and 25F. ‘(3) Land may be subdivided and amalgamated and roads may be opened under this Act. ‘(4) Despite the LocalGovernment(PlanningandEnvironment)Act1990 and the City of Brisbane Act 1924 , the owner of land may lodge with the Registrar of Titles a plan for the subdivision or amalgamation of land.

15 South Bank Corporation Amendment ‘(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 licensed surveyor within the meaning of the Surveyors Act 1977 ; and (d) for the purposes of the Real Property Act 1861 , be certified by the owner as being correct for registration as an instrument. ‘(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 Real Property Act 1861 . ‘(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) If land under the Real Property Act 1861 is the subject of a plan under this section, the owner of the land must, immediately after the plan has been registered, apply to take out and receive, in the owner’s own name, a certificate or certificates of title in relation to the land. ‘(12) On receiving an application under subsection (11), the Registrar of Titles may issue to the applicant a certificate or certificates of title, each containing such number of parcels as the Registrar of Titles considers appropriate for the orderly registration of dealings with the parcels. ‘(13) Land may be subdivided only if— (a) each proposed lot in the proposed subdivision has access; and (b) the appropriate authority has approved the subdivision.

16 South Bank Corporation Amendment ‘(14) Land may be amalgamated and a road may be opened, only with the approval of the appropriate authority. ‘(15) When giving its approval to a dealing under this section, the appropriate authority must endorse the approval on the plan. ‘(16) Despite the LocalGovernment(PlanningandEnvironment)Act1990 , a lease or sublease of land in the Parkland Precinct, which would otherwise be a subdivision referred to in section 1.4 of the LocalGovernment(PlanningandEnvironment)Act1990 , is not a subdivision within the meaning of that Act. ‘(17) A lease or sublease of land within the Parkland Precinct, which would otherwise be a subdivision referred to in section 1.4 of the LocalGovernment (Planning and Environment) Act 1990 , may be granted only if the appropriate authority is satisfied that the area the subject of the lease has access. ‘(18) Subject to subsection (19) and except where a contrary intention appears in this Act, the Local Government (Planning and Environment) Act1990 (as modified by this Act) and the Town Plan do not apply before the development completion date to the subdivision and amalgamation of land and the opening of roads within the Corporation Area. ‘(19) For the purposes of subsections (13) and (17), the Council, in considering whether there is access, must apply the meanings given to “access” , “lot” and “road” in subsection (1) instead of the definitions “access” , “allotment” and “road” in section 1.4 of the Local Government(Planning and Environment) Act 1990 . ’. Insertion of new ss. 25A to 25G 18. After section 25— insert — ‘Stratum lots and dealings with stratum lots ‘25A.(1) Despite the Real Property Acts or any other Act— (a) South Bank public land may be subdivided by a stratum plan; and (b) South Bank public land may be opened as a road by a stratum

17 South Bank Corporation Amendment plan; and (c) a stratum lot may be subdivided by a stratum plan of subdivision; and (d) minor adjustments may be made to the boundaries of stratum lots by a boundary adjustment plan; and (e) stratum lots may be amalgamated by a stratum plan of amalgamation; under this section only if the appropriate authority approves. ‘(2) The Real Property Acts apply to stratum lots in the same way as they apply to other land except to the extent that they are 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— (a) operates, without any further assurance, to vest the land in accordance with the adjusted boundaries; and (b) does not of itself give rise to any liability for stamp duty. ‘(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 unimproved value proportion for each stratum lot for the purposes of section 39C and clause 2(1)(p) of Schedule 6. ‘(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.

18 South Bank Corporation Amendment ‘(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 39C and clause 2(1)(p) of Schedule 6, the relevant unimproved value proportion for the stratum lot created by the amalgamation of 2 or more stratum lots is the sum of the unimproved 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 7. ‘(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 the regulations. ‘(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 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 the regulations.

19 South Bank Corporation Amendment ‘(17) Despite the Real Property Acts, the SurveyorsAct1977 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 Real Property Acts; and (b) issue certificates of title for stratum lots created by the registration of the relevant plan; and (c) make such other recordings in the 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 Real Property Acts, taken to form part of the register. ‘Support and shelter for certain stratum lots ‘25B.(1) Without affecting the implied easements appurtenant to and affecting the lots in a leasehold building units plan created under section 15 of Schedule 7, 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.

20 South Bank Corporation Amendment ‘(2) An easement for support and shelter created by subsection (1)— (a) entitles the 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. ‘Services for certain stratum lots ‘25C.(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 sections 17 and 17A of Schedule 7, 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.

21 South Bank Corporation Amendment ‘(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. ‘Ancillary rights for implied easements ‘25D. All ancillary rights and obligations reasonably necessary to make an easement implied by sections 25B or 25C effective are conferred by this section. ‘Management statement ‘25E.(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 6. ‘(4) The appropriate authority may, in relation to a particular management statement, waive compliance with an item in clause 2(1) of Schedule 6 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 clause 2(1) of Schedule 6, 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

22 South Bank Corporation Amendment 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 clause 2(1)(p) of Schedule 6 may only be amended— (a) in the way provided in section 25A(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—

23 South Bank Corporation Amendment (a) 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 6. ‘(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 25A(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

24 South Bank Corporation Amendment (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 1990 . ‘(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. ‘Subdivision of land by a leasehold building units plan ‘25F.(1) Despite the Real Property Acts 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. ‘Creation of easements ‘25G.(1) In this section— “instrument” means an instrument in the form approved by the regulations. ‘(2) Despite the Real Property Acts 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

25 South Bank Corporation Amendment (b) is accompanied by an instrument executed by the registered proprietor 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.

26 South Bank Corporation Amendment ‘(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 Real Property Acts, 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) When issuing a certificate of title for land benefited or burdened by an easement created under this section, the Registrar of Titles is to record the easement on the certificate of title in such manner as 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 25(1)) must be approved by the appropriate authority. Amendment of s.34 (Effect of Act on Town Plan) 19. At the end of section 34(3)(d)— insert ‘ except an interim use authorised by section 34A ’. Insertion of new s.34A 20. After section 34— insert —

27 South Bank Corporation Amendment ‘Interim use ‘34A.(1) It is competent and has always been competent to use land within the Corporation Area of which the Corporation is the registered proprietor (whether solely or jointly) for a use other than a use to which land was put immediately before the commencement of this Act— (a) before development starts on the relevant land in accordance with the Approved Development Plan; and (b) for a period specified by the Corporation and subject to the terms and conditions imposed by the Corporation; where that use is authorised by the Corporation. ‘(2) The Corporation must consult with the Council before authorising a use under subsection (1) if the use is to happen after the commencement of section 20 of the South Bank Corporation Amendment Act 1991 . ’. Amendment of s.35 (Application of Town Plan to Corporation Area) 21.(1) Section 35(3)— omit ‘ subject to the Town Plan ’ , insert ‘ subject to the Town Plan and the Approved Development Plan ’. (2) After section 35(3)— insert — ‘(3A) If there is an inconsistency between the Town Plan and the Approved Development Plan, the Approved Development Plan applies. ’. (3) Section 35(7)— omit. Amendment of s.36 (Complementary Development Area) 22. Section 36— omit ‘ in accordance with section 4(4B) of the City of Brisbane Town Planning Act 1964 ’ , insert ‘ and dealt with under the LocalGovernment(PlanningandEnvironment) Act 1990 ’.

28 South Bank Corporation Amendment Amendment of s.37 (Payment in lieu of rates) 23. After section 37(2)— insert— ‘(3) Despite subsection (2), if land referred to in subsection (1) becomes the subject of a lease from a Public Authority, the land is taken to be rateable land for the purposes of the City of Brisbane Act 1924 . ‘(4) Nothing in this section requires a Public Authority to pay rates under the City of Brisbane Act 1924 . ’. Insertion of new s.38A 24. After section 38— insert — ‘Payment of surplus funds ‘38A. The Minister may direct, from time to time, the Corporation to pay amounts from accumulated funds to the Consolidated Fund. ’. Insertion of new ss.39A to 39H 25. After section 39— insert — ‘Fire safety requirements ‘39A. Despite the Fire Service Act 1990 or any other Act relating to fire safety, but without compromising the principles of fire safety in those Acts, when issuing a fire safety approval for a building on South Bank public land, the relevant fire authority and fire safety officer must take into account— (a) the provisions of this Act; and (b) the physical structure of the building as opposed to its title boundaries; and (c) the methods of subdivision permitted by this Act; and

29 South Bank Corporation Amendment (d) requests made by a Public Authority; and (e) the by-laws in the management statement (if any) regulating the building; and (f) any other matters relating to fire safety approvals for buildings situated within the Corporation Area as are prescribed by the regulations. ‘Lessee taken to be owner of land or lot ‘39B.(1) A lessee from a Public Authority is, for the purposes of the ValuationofLandAct1944 , the CityofBrisbaneAct1924 , the Local Government Act 1936 and any other Act relating to the valuation or rating of land, taken to be the owner of the land or lot the subject of the lease. ‘(2) For the purposes of the LandTaxAct1915 and any other Acts relating to land tax, a lessee from a Public Authority is not to be taken to be the owner of the land the subject of the lease. ‘Valuation of stratum lots ‘39C.(1) Despite the ValuationofLandAct1944 and any other Act relating to valuation of land or the rating of land, the Valuer-General in valuing land comprised in a stratum plan within the Corporation Area must, for the purposes of those Acts, apply the following principles of valuation— (a)the Valuer-General must first value the land comprised in the stratum plan as though the land were a single parcel of land in 1 ownership even though the land may consist of 1 or more stratum lots; (b) the Valuer-General must then apportion the unimproved value of the land in the stratum plan between the stratum lots in the stratum plan according to the unimproved value proportions allocated from time to time in the management statement for each stratum lot.

30 South Bank Corporation Amendment ‘(2) The unimproved value apportioned to each stratum lot under subsection (1)(b) is, for the purposes of making, levying, imposing, assessing or recovering rates, taken to be the unimproved value of the stratum lot. ‘(3) If a management statement is amended to give effect to a change in the unimproved value proportions allocated to a stratum lot, the Valuer- General must, on notification of the amendment, cause new valuations to be made of the stratum lots affected by the amendment— (a) if the amendment is made under section 25A(8)—by apportioning the former unimproved value of the former stratum lot the subject of the subdivision between the new stratum lots created by the subdivision according to the new unimproved value proportions allocated for each new stratum lot; and (b) if the amendment is made under section 25A(10)—by taking the sum of the former unimproved values of the former stratum lots the subject of the amalgamation as the unimproved value of the stratum lot created by the amalgamation; and (c) if the amendment is made under section 25E(11)—by apportioning the unimproved value of the land in the stratum plan between the stratum lots in the stratum plan according to the new unimproved value proportions allocated for each stratum lot, or, if the unimproved value proportions of some stratum lots remain unchanged, according to those unchanged proportions. ‘(4) If a stratum lot in a stratum plan is a stratum parcel, the value apportioned under this section to the stratum lot is taken to be the value of the stratum parcel for the purposes of Division 7 of Part 4 of Schedule 7. ‘Acts not to apply to leases from Corporation ‘39D.(1) Leases of land within the Corporation Area from a Public Authority are not subject to the Residential Tenancies Act 1975 or the RetailShop Leases Act 1984 . (2) Subsection (1) does not apply to subleases of land within the Corporation Area granted by lessees from a Public Authority.

31 South Bank Corporation Amendment ‘Dividing Fences Act not to apply ‘39E. The DividingFencesAct1953 does not apply to South Bank public land. ‘Application of Land Sales Act to Public Authorities ‘39F. Part 3 of the Land Sales Act 1984 applies to the sale of a proposed lot, within the meaning of section 6 of that Act, by a Public Authority. ‘Building work by or on behalf of the Crown ‘39G . For the purposes of section 4 of the Building Act 1975 , building work, within the meaning of that Act, carried out on South Bank public land is taken to be building work carried out on behalf of the Crown. ‘Inconsistency with other Acts ‘39H.(1) It is the intention of the Parliament that, to the greatest extent practicable, this Act should have effect despite any inconsistency with any other Act. ‘(2) Without limiting subsection (1), this Act has effect despite any law in force at the time of commencement of this Act. ‘(3) Without limiting any provision of this Act, the Registrar of Titles is authorised and directed to accept and register all plans and other instruments prepared under the authority of this Act if, subject to this Act, they are in a form acceptable to the Registrar. ’. Replacement of s.40 (Regulations) 26. Section 40— omit , insert —

32 South Bank Corporation Amendment ‘Regulations ‘40.(1) The Governor in Council may make regulations, not inconsistent with this Act, with respect to any matter that— (a) is required or permitted to be prescribed by this Act; or (b) is necessary or convenient to be prescribed for carrying out or giving effect to this Act. ‘(2) Without limiting subsection (1), the regulations may make provision with respect to the following— (a) the preparation of plans and documents for the purposes of this Act; (b) the plans and documents that may be lodged with the Registrar of Titles; (c) the registration by the Registrar of Titles of plans and documents; (d) the fees to be paid in respect of the lodgement and registration by the Registrar of Titles of plans and documents; (e) the forms to be used for the purposes of this Act; (f) the nomination and election of the offices of chairperson, secretary and treasurer of bodies corporate and of other members of committees; (g) the practice or procedure to be followed by referees and tribunals; (h) the enforcement of orders made by referees and tribunals; (i) matters relating to fire safety approvals for buildings in the Corporation Area; (j) the information to be contained in a management statement. ‘(3) A regulation may impose a penalty not exceeding 10 penalty units for an offence against a regulation.

33 South Bank Corporation Amendment ‘(4) Regulations prescribing forms to be used for the purposes of this Act may also prescribe— (a) the size, type and quality of paper on which a form must be printed; and (b) the size and nature of the type to be used in the printing and completion of the form; and (c) the ink or other substance with which the form must be printed or completed. ’. Omission of s.44 (Winding up Corporation’s affairs) 27. Section 44— omit. Insertion of Schedules 28. At the end of the Act— insert the Schedules set out in Schedule 1. Amendment of other Acts 29. The Acts specified in Schedule 2 are amended as set out in that Schedule.

34 South Bank Corporation Amendment SCHEDULE 1 New Schedules to be inserted in the South Bank Corporation Act 1989 . ‘SCHEDULE 6 ‘MANAGEMENT STATEMENT ‘Form of management statement ‘1. A management statement must— (a) include the prescribed information; and (b) bear the approval of the appropriate authority; and (c) not be inconsistent with this Act. section 25E ‘Matters to be included ‘2.(1) A management statement must include— (a) the real property description of the stratum lots in the stratum plan to which the management statement relates; and (b) a plan that delineates the external surface boundaries of the site of the building and shows the location of the building in relation to the external surface boundaries; and must also include by-laws and other particulars relating to the following— (c) the regulation (including the control, management, use, maintenance and enjoyment) of the building and its site; (d) the establishment and composition of the building management committee and its office bearers; (e) the functions of the building management committee and its office bearers in regulating the building and its site; (f) meetings of the building management committee; (g) voting on motions submitted to the building management committee;

35 South Bank Corporation Amendment (h) the keeping of records of proceedings of the building management committee; (i) the manner in which the building management committee may enter into contracts and the provision of appropriate indemnities to contracting parties by the other members of the building management committee; (j) the inspection of records and documents in the custody or under the control of the building management committee; (k) certification to members of the building management committee and lessees of lots in a leasehold building units plan as to whether there is any amount unpaid by a member or a lessee of a lot in a leasehold building units plan under the management statement; (l) the establishment and operation of bank accounts by the building management committee; (m) the storage and collection of garbage on and from the various parts of the building and its site; (n) the location of any restricted property; (o) compliance with fire safety requirements; (p) the apportionment of the unimproved value of land comprised in the relevant stratum plan between stratum lots in the stratum plan; (q) where section 55B of Schedule 7 applies—the apportionment of the cost of insurance premiums for a damage policy for the building effected under section 55B of Schedule 7; (r) any other matters required by the appropriate authority. ‘(2) Each body corporate for a leasehold building units plan for part of the building, and any other lessee of land in any part of the building or its site, that does not form part of a stratum parcel must be members of the building management committee. ‘(3) If a by-law restricts use of any part of the building or its site, the by- law must include the following— (a) a description of the restricted property; (b) details of the persons entitled to use the restricted property; (c) the terms and conditions on which those persons may use the

36 South Bank Corporation Amendment restricted property; (d) particulars relating to access to the restricted property and the supply and keeping of any necessary key; (e) particulars of the hours during which the restricted property may be used; (f) provisions relating to the maintenance of the restricted property; (g) provisions relating to the determination, imposition and collection of levies from those entitled to use the restricted property. ‘Optional matters for management statement ‘3.(1) A management statement may include by-laws and other particulars relating to any of the following— (a) safety and security measures; (b) the appointment of a building manager; (c) the control of unacceptable noise levels; (d) prohibiting or regulating trading activities; (e) management and service contracts (which must not be for a term of more than 5 years); (f) an architectural code to preserve the appearance of the building; (g) a landscaping code to preserve the appearance of the building or its site. ‘(2) This clause does not limit the matters that may be included in a management statement. ‘(3) A management statement may incorporate plans and other instruments as part of the statement. ’.

37 South Bank Corporation Amendment ‘SCHEDULE 7 section 25F ‘MODIFIED BUILDING UNITS AND GROUP TITLES ACT Explanatory Notes to Schedule 7 1. The provisions set out in this Schedule are, subject to note 2, the provisions of the Building Units and Group Titles Act 1980 as in force at the enactment of this Schedule (in these notes called the “applied Act”). 2. Various provisions of the applied Act have been omitted or appear in a modified form in this Schedule. Other provisions have been inserted. 3. Notes have been included at the end of various provisions of the Schedule to indicate the source of provisions. The following rules have been followed in the inclusion of notes— (a) if a provision of the applied Act has not been amended (other than in a way in which an Act is authorised to be reprinted by section 47F of the Acts Interpretation Act 1954 )—no note is included; (b) if a provision of the applied Act has been omitted—instead of that provision, the note “(not applied)” appears; (c) if an additional provision has been inserted or a provision has been replaced—the note “(new)” appears; (d) if a provision has been otherwise amended (other than in a way in which an Act is authorised to be reprinted by section 47F of the Acts Interpretation Act 1954 )—the note “(amended)” appears. 4. The notes do not form part of the provisions of this Schedule. 5. In the provisions of the Schedule, unless the contrary intention appears— (a) a reference to the “Principal Act” is a reference to this Act; and (b) a reference to a “section” or other provision is a reference to a section or other provision in this Schedule; and

38 South Bank Corporation Amendment (c) a reference to “Act” or “this Act” is a reference to this Schedule; and (d) a reference to a “Schedule” or “the Schedules” is a reference to a Schedule or the Schedules to this Schedule. PART 1—PRELIMINARY Short title 1. (not applied) Commencement 2. (not applied) Arrangement of Act 3. (not applied) Repeals and amendments 4. (not applied) Savings and Transitional 5. (not applied) Construction of Act 6.(1) This Act shall be read and construed with and as an amendment of the Real Property Acts, Registrar of Titles Act 1884 , Real Property (Local Registries) Act 1887 and Central and Northern District Boundaries Act 1900 .

39 South Bank Corporation Amendment Provided that those Acts shall be read and construed subject to this Act and to the extent that those Acts are inconsistent with this Act, this Act shall prevail. (2) The Real Property Acts apply to lots and common property in the same way as they apply to other land except in so far as any provision of the Real Property Acts is inconsistent with this Act or is incapable of applying to lots or common property. (new) (3) No stamp duty is payable under the Stamp Act 1894 in respect of the determination or partial determination of a lease by the operation of Parts 2 or 3. (new) Interpretation 7.(1) In this Act— “administrative fund” means the fund established by a body corporate under section 38(1); “aggregate lot entitlement” means the sum of the lot entitlements of all lots on a leasehold building units plan; “body corporate” means a body corporate incorporated by section 27; “body corporate manager” means a person appointed under section 50 or 94 for the time being a body corporate manager of a body corporate; “building” means the building or buildings shown on the leasehold building units plan each of which contains 2 or more lots or parts of lots and, where more than 1 building is shown on the leasehold building units plan, means any 1 or more of those buildings; “building approvals authority” means the authority required to give approval to building work as defined in the Building Act 1975 , carried out on land, which is land— (a) under the Real Property Acts; and (b) within the Corporation Area; and (c) held in fee simple by the Corporation, the Council or other Public Agency, solely or jointly;

40 South Bank Corporation Amendment “Building Units and Group Titles Act” means the BuildingUnitsandGroup Titles Act 1980 in force at the commencement of this Schedule; “ceiling” does not include a false ceiling; “committee” means the committee of a body corporate constituted under this Act; “common property” means so much of a parcel as from time to time is not comprised in any lot and includes contiguous common property and non-contiguous common property; “company nominee” , in relation to a corporation, means the individual, if any, for the time being authorised under section 52 by the corporation; “contiguous common property” means land within the Corporation Area which is contiguous— (a) in any case, to the parcel; or (b) in the case of a stratum parcel, to the site on which is erected the building, part of which is comprised in the leasehold building units plan; “Court” means the Supreme Court of Queensland; “leasehold building units plan” means a plan which— (a) is described in the title or heading as a leasehold building units plan; and (b) in the case of a plan that does not relate to a proposed stratum parcel, shows the building comprised therein as being divided into lots; and (c) in the case of a plan that does relate to a proposed stratum parcel, shows— (i) the building; and (ii) part of the building being subdivided into lots; and (d) shows the common property (if any) comprised therein; and (e) complies with the requirements of section 9; “lessee” , in relation to a lot, means a person for the time being recorded in the register as entitled to a leasehold estate in the lot but does not include a sublessee from a lessee of the lot;

41 South Bank Corporation Amendment “lessor” means the person who is the lessor of the lots or the lots and common property in a leasehold building units plan; “local authority” means the Corporation, until the proclamation is made under section 22B of the Principal Act, and after the day on which that proclamation is made, the Council; “lot” means a lot shown as such on a leasehold building units plan; “lot entitlement” means the lot entitlement of a lot specified or apportioned in accordance with the provisions of section 10(5) or (6) or 19, as the case may be; “mortgage” includes a charge on a lease of a lot for securing money or money’s worth; “non-contiguous common property” means land within the Corporation Area which is not contiguous— (a) in any case, to the parcel; or (b) in the case of a stratum parcel, to the site on which is erected the building, part of which is comprised in the leasehold building units plan; “occupier” , in relation to a lot, means a person in lawful occupation of that lot; “original leasehold building units plan” — (a) in relation to a leasehold plan of resubdivision, means the registered leasehold building units plan containing the lots or common property the subject of the leasehold plan of resubdivision; (b) in relation to a leasehold plan of amalgamation, means the registered leasehold building units plan containing the lots the subject of the leasehold plan of amalgamation; (c) in relation to a conversion of lots into common property, means the registered leasehold building units plan containing those lots; “original lessee” means— (a) for the purposes of sections 29, 39(3)(b), 53(1), clauses 2 and 3 of Part 1 of Schedule 2 and clauses 15 and 16 of Part 2 of Schedule 2, any person who, immediately after the registration of

42 South Bank Corporation Amendment the leasehold building units plan concerned, is— (i) the lessee of all lots in the leasehold building units plan; or (ii) the lessee of 2 or more of those lots, the sum of whose lot entitlements is more than two-thirds of the aggregate lot entitlement; and includes any successor or assignee of the lessee or lessees referred to in subparagraphs (i) or (ii) but does not include a bona fide transferee for value of the lease of a lot or any successor or assignee of that transferee; and (b) for the purposes of sections 30(7B), 49, 49A, 50(9) and 55C, any person who, immediately after the registration of the leasehold building units plan concerned, is the lessee of all lots in the leasehold building units plan, and includes any successor or assignee of that lessee but does not include a bona fide transferee for value of the lease of a lot or any successor or assignee of that transferee; “parcel” means the land comprised in a leasehold building units plan; “person” includes, where the context permits, the Corporation, Council or other Public Agency; “prescribed arrangement” means any agreement or arrangement (including an arrangement set out in the by-laws or the management statement (if any) for the building and its site the subject of the leasehold building units plan concerned) between— (a) in the case of a lot the leasehold estate of which is recorded in the register, the body corporate or the original lessee and any other person; or (b) in the case of a proposed lot, the original lessee and any other person; being an agreement or arrangement— (c) by instrument in writing appointing, pursuant to section 50, a body corporate manager; or (d) for the carrying out of any of the duties of the body corporate under section 37(1)(a), (b) or (c); or

43 South Bank Corporation Amendment (e) entered into pursuant to section 37(2)(a), (b), (c), (d) or (e) or section 38C; or (f) for the protection of the parcel or any part or of the security of the occupants of the lots; or (g) for the conduct of a business upon the parcel (whether upon a lot or the common property) of subletting of lots on behalf of any lessees of lots; or (h) under which the rights of the lessee of a lot are or are likely to be affected to a material extent; “Principal Act” means the SouthBankCorporationAct1989 including regulations or other instruments under it and consolidations, amendments, re-enactments or replacements of it; “Public Trustee” means the Public Trustee within the meaning of the Public Trustee Act 1978 ; “Real Property Acts” means the Real Property Act 1861 and the Real Property Act 1877 ; “referee” means a referee appointed under section 69 of the Building Unitsand Group Titles Act; “registered leasehold building units plan” means a leasehold building units plan as amended from time to time registered under this Act; “resolution without dissent” means a resolution which is passed at a duly convened general meeting of a body corporate and against which no vote is cast; “roll” means the roll referred to in section 39 that relates to a leasehold building units plan or to a leasehold building units plan that has been terminated; “service obligation” means a service obligation created or implied by section 17, 17A or 18; “service right” means a service right created or implied by section 17, 17A or 18; “sinking fund” means the fund established by a body corporate under section 38(4); “special resolution” means a resolution proposed as a special resolution

44 South Bank Corporation Amendment that is passed at a duly convened general meeting of a body corporate by the lessees if the lessees who vote against the resolution do not together— (a) constitute more than 25% of the total number of lessees (determined on the basis of each lot having 1 lessee); and (b) hold more than 25% of the aggregate lot entitlements; “tribunal” means a tribunal constituted under section 96; “unanimous resolution” means a resolution which is unanimously passed at a duly convened general meeting of a body corporate at which all persons entitled to exercise the powers of voting conferred by or under this Act are present personally or by proxy or vote in writing at the time of the motion; “wall” includes door, window or other structure dividing a lot from common property or from another lot. (amended) (2) A reference in this Act to a resubdivision of a lot or common property or of a lot and common property is a reference to the alteration of the boundaries of— (a) 1 or more lots so as to create only 2 or more different lots; or (b) 1 or more lots so as to create 1 or more different lots and common property; or (c) 1 or more lots and common property so as to create 1 or more different lots or 1 or more different lots and common property; or (d) common property so as to create 1 or more lots; but does not include a reference to the amalgamation of 2 or more lots into 1 lot or the conversion of 1 or more lots into common property. (3) In this Act, unless the contrary intention appears— (a) a reference to the Local Government Act 1936 includes a reference to the City of Brisbane Act 1924 ; and (b) a reference to a provision of the Local Government Act 1936 includes a reference to any corresponding provision of the City ofBrisbane Act 1924 . (amended)

45 South Bank Corporation Amendment (4) In this Act, unless the contrary intention appears, a reference to the LocalGovernment(PlanningandEnvironment)Act1990 includes a reference to the Town Plan. (amended) PART 2—SUBDIVISION OF LAND Division 1—Creation of lots and common property Subdivision 8.(1) In this section, “land” means land as defined in section 4 of the Principal Act being land— (a) under the Real Property Acts; and (b) within the Corporation Area; and (c) held in fee simple by the Corporation, the Council or other Public Agency, solely or jointly; and, where the land is leased, being land subject to a lease or leases (the terms of which are all expressed to expire at the same time) which is or are registered, or lodged for registration under the Real Property Acts. (new) (1A) Land, including the whole of a building may be subdivided into lots or into lots and common property by the registration of a leasehold building units plan. (new) (1B) Land comprised in a stratum lot, including part only of a building may be subdivided into lots or into lots and common property by the registration of a leasehold building units plan, but only if the building is erected on a site of land within the Corporation Area held in fee simple by the Corporation, the Council or other Public Agency, solely or jointly. (new) (2) A lot may consist of separate parts.

46 South Bank Corporation Amendment (3) (not applied) (4) (not applied) (5) (not applied) Registration of leasehold building units plan 9.(1) A leasehold building units plan shall— (a) where the leasehold building units plan does not relate to a proposed stratum parcel, delineate the external surface boundaries of the parcel and in relation to those boundaries delineate the location of the building; and (b) where the leasehold building units plan relates to a proposed stratum parcel, delineate the external surface boundaries of the site of the building, being the building of which the proposed stratum parcel forms part, and, in relation to those boundaries delineate the location of— (i) the building; and (ii) the proposed stratum parcel; and, in relation to the external surface boundaries of the proposed stratum parcel, delineate the location of the part of the building which will be the subject of the proposed leasehold building units plan; and (c) where the leasehold building units plan comprises contiguous common property or non-contiguous common property, or both, delineate the external surface boundaries of that common property and in relation to those boundaries show the location of that common property in relation to the parcel or, in the case of a proposed stratum parcel, to the site on which is erected the building part of which is comprised in the leasehold building units plan; and (d) bear a statement containing such particulars as may be necessary to identify the title to such parcel; and

47 South Bank Corporation Amendment (e) include a drawing illustrating the lots and distinguishing such lots by numbers; and (f) define the boundaries of each lot— (i) where the leasehold building units plan does not relate to a proposed stratum parcel, in the building; or (ii) where the leasehold building units plan relates to a proposed stratum parcel, in part of the building; by reference to floors, walls, ceilings and, in the case where a boundary may be defined by reference to a permanent structure or permanent structures of the building, each such structure. Provided that it shall not be necessary to show any bearing or dimensions of a lot; and (g) show the approximate floor area of each lot; and (h) have endorsed upon it a schedule complying with the provisions of section 19; and (i) have endorsed upon it— (i) where the leasehold building units plan does not relate to a proposed stratum parcel, the name of the building; or (ii) where the leasehold building units plan relates to a proposed stratum parcel, the name of the proposed stratum parcel; and (j) have endorsed upon it the address at which documents may be served on the body corporate in accordance with section 127; and (k) contain such other features as may be prescribed. (amended) (1A) A leasehold building units plan must not be registered unless— (a) where land which is subject to a lease or leases registered under the Real Property Acts which is or are intended to be replaced wholly or partly by leases of each of the lots and the common property (if any) shown on the leasehold building units plan— (i) the replacement leases relating to the proposed lots and, if the leasehold building units plan provides for common

48 South Bank Corporation Amendment property, the common property, have been lodged in the office of the Registrar of Titles for registration; and (ii) those replacement leases are expressed to be wholly or partly in substitution for the lease or leases first referred to in this paragraph; and (iii) the terms of those replacement leases are all expressed to commence on registration of the leasehold building units plan and to expire at the same time as the lease or leases first referred to in this paragraph and, if those replacement leases confer rights of renewal, the renewal terms are the same; and (b) where the land is subject to leases registered under the Real Property Acts which are intended to subsist (after the leasehold building units plan is registered) as leases of each of the lots shown on the leasehold building units plan— (i) the terms of those leases have commenced and are all expressed to expire at the same time and, if those leases confer rights of renewal, the renewal terms are the same; and (ii) a certificate of a licensed surveyor under the Surveyors Act1977 has been produced to the Registrar of Titles, stating that the area to which each of those leases relates (not being an area that is leased solely or principally for use by lessees of the land in common with each other) corresponds to a lot or lots shown on the plan; and (iii) a meeting of the lessees is held and a resolution is proposed agreeing to the proposed subdivision of the land as shown on the leasehold building units plan; and (iv) there is produced to the Registrar of Titles at the time of lodgment of the leasehold building units plan— (A) where all of the lessees agree to the resolution referred to in subparagraph (iii), a certificate in the approved form, purporting to be signed by the persons prescribed for the purposes of this subparagraph, stating that the resolution was so passed; or

49 South Bank Corporation Amendment (B) where a majority but not all of the lessees agree to the resolution referred to in subparagraph (iii), a copy of an order made under subsection (19) approving the proposed subdivision; and (v) if the leasehold building units plan provides for common property, there has been lodged in the office of the Registrar of Titles for registration a lease of the common property; and (vi) the term of the lease of the common property is expressed to commence on registration of the leasehold building units plan and to expire at the same time as the terms of the leases referred to in subparagraph (i) and, if the leases so referred to confer rights of renewal, the lease of the common property confers a right of renewal for a term that is the same as that conferred by those rights; and (c) where the leasehold building units plan is lodged in circumstances different from those described in paragraph (a) or (b)— (i) there have been lodged in the office of the Registrar of Titles for registration leases from the lessor of each of the lots (which may consist of or include leases to the lessor) and, if the leasehold building units plan provides for common property, a lease of the common property; and (ii) the terms of the leases referred to in subparagraph (i) are all expressed to commence on registration of the leasehold building units plan (but, in the case of the leases of the lots, may be expressed to commence before registration of the leasehold building units plan) and to expire at the same time and, if the leases confer rights of renewal, the renewal terms are the same. (2) (not applied) (3) Save with the consent of the Minister responsible for the administration of the BuildingUnitsandGroupTitlesAct a leasehold building units plan shall not be registered if the name of the building or the name of the stratum parcel, as the case may be, endorsed thereon, in the opinion of the Registrar of Titles, is undesirable. (3A) A leasehold building units plan shall not be registered if the name of the building or the name of the stratum parcel, as the case may be,

50 South Bank Corporation Amendment endorsed thereon is currently endorsed on— (a) a registered building units plan under the BuildingUnitsandGroup Titles Act; or (b) a registered leasehold building units plan; or is reserved pursuant to— (c) section 120 of the Building Units and Group Titles Act; or (d) section 120 of this Act. (amended) (4) A body corporate may, by resolution without dissent and with the consent of the Registrar of Titles, change the name of the building or the stratum parcel, as the case may be, endorsed upon the leasehold building units plan to a name with which the leasehold building units plan could be registered without contravention of subsection (3) or (3A). (amended) (5) In a leasehold building units plan, the common boundary of any lot with another lot or with common property shall be— (a) except as provided by paragraph (b), the centre of the wall, floor or ceiling, as the case may be; or (b) as described in the leasehold building units plan in the prescribed manner by reference to a wall, floor or ceiling, as the case may be. (5A) Notwithstanding subsection (5), a balcony, courtyard, roof garden or other area (being part of a building) which is not bounded wholly by walls or a ceiling or walls and a ceiling may be included as part of a lot shown on a leasehold building units plan. Provided that the balcony, courtyard, roof garden or other area shall be contiguous to a part of the lot the boundary of which part if it, by itself, were a lot would be the centre of walls, floor and ceiling. (5B) Where, pursuant to subsection (5A), a balcony, courtyard, roof garden or other area of a building is included as part of a lot shown on a leasehold building units plan— (a) that part of the boundary of the lot that is not the centre of a wall and would, but for the operation of subsection (5A), be required

51 South Bank Corporation Amendment to be the centre of a wall shall be the vertical plane from the upper boundary of the lot to the floor along the line described connecting the centres of the permanent vertical structures of the building approved for that purpose by the Registrar of Titles (which may include part of a wall) on that boundary, with the centres of the walls that form part of the boundary of the lot; (b) that part of the boundary of the lot that is not the centre of a ceiling and would, but for subsection (5A), be required to be the centre of a ceiling shall be the horizontal plane from the edge of the existing ceiling to the vertical boundary of the lot over which that ceiling does not extend at the level or levels of the walls and, where paragraph (a) applies, the permanent vertical structures to that part, such that, in any case, the plane is no higher than the boundary of the area of the lot that is the centre of a ceiling. (amended) (6) (not applied) (7) Every leasehold building units plan lodged for registration shall be endorsed with or be accompanied by a certificate of the local authority sealed with the common seal of the local authority that the proposed subdivision of the parcel as illustrated in the leasehold building units plan has been approved by the local authority and that all the requirements of the Principal Act and, where the Corporation is not the local authority, the LocalGovernment (Planning and Environment) Act 1990 as modified by this Act and the Principal Act have been complied with in regard to the subdivision. (amended) (8) Every leasehold building units plan lodged for registration shall be endorsed with or be accompanied by certificates respectively— (a) where the proposed parcel will not be a stratum parcel, of a licensed surveyor registered under the Surveyors Act 1977 that the building shown on the leasehold building units plan is within the external surface boundaries of the parcel the subject of the leasehold building units plan and, where eaves or guttering project beyond such external boundaries, that an appropriate easement has been granted as an appurtenance of the parcel or, where that projection is over a road, that the local authority has consented, and where the Corporation is not the local authority, such consent is given pursuant to the ordinances or by-laws of the local

52 South Bank Corporation Amendment authority, as the case may be; and (ab) of a licensed surveyor registered under the SurveyorsAct1977 containing the particulars prescribed; and (b) where the proposed parcel will be a stratum parcel, of a licensed surveyor under the Surveyors Act 1977 that— (i) part only of a building is included in the proposed stratum parcel; and (ii) the proposed stratum parcel and that building are wholly within the external surface boundaries of the site of the building and, where eaves or guttering project beyond such external boundaries, that an appropriate easement has been granted as an appurtenance of the parcel or, where that projection is over a road, that the local authority has consented, and where the Corporation is not the local authority such consent is given pursuant to the ordinances or by-laws of the local authority, as the case may be; and (iii) that each part of the building and so much (if any) of the site as constitute the proposed lots and the common property (if any) shown on the leasehold building units plan are wholly within the proposed stratum parcel and, where eaves or guttering project beyond such external boundaries, that an appropriate easement has been granted as an appurtenance of the parcel or, where that projection is over a road, that the local authority has consented, and where the Corporation is not the local authority such consent is given pursuant to the ordinances or by-laws of the local authority, as the case may be; and (c) of an architect within the meaning of the Architects Act 1962 that the building has been substantially completed in accordance with plans and specifications approved by the building approvals authority or a designated officer of the building approvals authority or, where the building has not been constructed under the supervision of an architect, of a building surveyor (or where there is no building surveyor a building inspector) of the building approvals authority (which certificate a building surveyor or building inspector is hereby authorised to give unless otherwise directed by the building approvals authority) that the building has

210 South Bank Corporation Amendment Chairperson to preside 7. 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. Scrutineers 8. 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. Chairperson to have available names of persons entitled to vote 9. 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. Counting of votes on election of chairperson, secretary, treasurer and committee 10. 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. Counting of votes on motions 11.(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

211 South Bank Corporation Amendment 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. (3A) (Omitted) (4) Any 1 colessee or comortgagee may demand a poll and on any poll each colessee or comortgagee 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. 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 colessees or comortgagees 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.

212 South Bank Corporation Amendment Chairperson’s declaration of vote 12. 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. Requisition for motion to be included on agenda for general meeting 13.(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 mentioned 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) Amendment or revocation of resolution 14. 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. Duties of original lessee until officers elected 15. Until the offices of chairperson, secretary and treasurer of the body corporate are filled the powers, authorities, duties and functions conferred or imposed 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

213 South Bank Corporation Amendment (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) Meetings of body corporate before first annual general meeting 16.(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-fourth of the aggregate lot entitlement. (amended) (2) The provisions of this Part (other than clause 1(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. Appointment of proxy 17. 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. A proxy need not be a lessee. (amended)

214 South Bank Corporation Amendment SCHEDULE 3 BY-LAWS Noise 1. 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) Vehicles 2. Save where a by-law made pursuant to 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) Obstruction 3. A lessee or occupier of a lot shall not obstruct lawful use of common property by any person. (amended) Damage to lawns, etc. on common property 4. 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)

215 South Bank Corporation Amendment Damage to common property 5. 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. Provided that the locking or other safety device or, as the case may be, screen or other device is constructed in a workman-like manner, is maintained in a state of good and serviceable repair by the lessee and does not detract from the amenity of the building. (amended) Behaviour of invitees 6. 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) Depositing rubbish, etc., on common property 7. 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) Appearance of building 8. 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,

216 South Bank Corporation Amendment 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) Storage of flammable liquids, etc. 9. 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) Garbage disposal 10. A lessee or occupier of a lot shall— (a) save where 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; (b) comply with all Council by-laws and ordinances relating to the disposal of garbage; (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) Keeping of animals 11. 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)

217 South Bank Corporation Amendment SCHEDULE 4 PROVISIONS APPLYING TO COMMITTEES AND OFFICE BEARERS Committee’s power to employ agents and servants 1. Subject to sections 46, 48 and 50, a committee may employ for and on behalf of the body corporate such agents and servants as it thinks fit in connection with the exercise and performance of the powers, authorities, duties and functions of the body corporate. Notice-board 2. A committee shall cause a notice-board 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) Meetings and delegation of powers and duties 3. 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; (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. Meeting at request of members 4. 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.

218 South Bank Corporation Amendment Place of meeting 5. A meeting of the committee shall not be held at any place outside a radius of 15 kilometres— (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) Notice of committee meetings 6. 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 notice-board. Voting in writing by members of a committee 7. 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, notwithstanding that the meeting was not held.

219 South Bank Corporation Amendment Minute of certain resolutions to be included in committee’s minutes 8. The committee shall cause to be included in its minutes a minute of all resolutions passed pursuant to clause 7. Acts, etc., of committee valid notwithstanding vacancies 9. Any act or proceeding of a committee done in good faith, notwithstanding that 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; as valid as if the vacancy, defect or disqualification did not exist and the committee were fully and properly constituted. Powers and duties of secretary 10. 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 in accordance with 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

220 South Bank Corporation Amendment (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) Powers and duties of treasurer 11. The powers and duties of a treasurer of a body corporate include— (a) the notifying of lessees of any contributions levied pursuant to this Act; and (b) the receipt, acknowledgement and banking 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)

221 South Bank Corporation Amendment SCHEDULE 5 RIGHTS AND OBLIGATIONS IMPLIED IN CERTAIN EASEMENTS Interpretation 1.(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)

222 South Bank Corporation Amendment Right of vehicular access 2. 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) Right of personal access 3. 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) Obligations relating to rights of access 4.(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

223 South Bank Corporation Amendment (b) (new) 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. (2) Where a body corporate, the lessor or other person— (a) has failed to carry out a responsibility imposed by subclause (1); and (b) at least 7 days have passed since that failure first arose; any other of them may take all lawful steps necessary to ensure that the responsibility is carried out. (new) Easements for services 5.(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;

224 South Bank Corporation Amendment 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 (new) (v) any other damage attributable to the operations referred to in this clause is repaired. (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) Obligations relating to an easement for the provision of services 6.(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) (new) 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.

225 South Bank Corporation Amendment (2) Where a body corporate, the lessor or other person— (a) has failed to carry out a responsibility imposed by subclause (1); and (b) at least 7 days have passed since that failure first arose; any of them may take all lawful steps necessary to ensure that the responsibility is carried out. (new) Sharing of costs of maintenance and repair 7.(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 porportions 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)

226 South Bank Corporation Amendment Ancillary rights and powers 8. 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)

227 South Bank Corporation Amendment 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— A = B - (C - D) where— “A” represents the value, at the date of termination of the leasehold building units plan concerned, of the improvements attributable to a lot; “B” represents 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 authority for any purpose the use of the lot for which is not at that date prohibited; C = E x U 1 U n where— “E” represents 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; “U 1 ” represents the unit entitlement of the lot; and “U n ” represents the aggregate unit entitlement for that leasehold building units plan; and “D” represents the part of factor “B” , if any, attributable to the value,

228 South Bank Corporation Amendment at that date, of improvements to the lot effected by the lessor. (new) ‘SCHEDULE 8 section 13A ‘COUNCIL LAND VESTED IN CORPORATION (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 9 section 22B ‘PROVISIONS NOT TO APPLY AFTER DEVELOPMENT COMPLETION DATE Section 17(1)(a) and (b) Sections 18 to 22A inclusive Section 24 Sections 27 to 30 inclusive Sections 34 to 37 inclusive ’. SCHEDULE 2

229 South Bank Corporation Amendment AMENDMENT OF ACTS section 29 PART 1—AMENDMENT OF THE AUCTIONEERS AND AGENTS ACT 1971 Amended Act 1. The Auctioneers and Agents Act 1971 is amended as set out in this Part. Amendment of s. 5 (Interpretation) 2. Section 5 (definition “land” )— at the end, insert — ‘ and includes land as defined in section 4 of the South Bank CorporationAct 1989 including a lot shown on a leasehold building units plan under that Act and that which will become a lot upon registration of a leasehold building units plan under that Act ’. Amendment of s. 42 (Real estate agents’ licences) 3. Section 42(2)— omit ‘ , wishes to carry on business ’ , insert ‘ or a body corporate manager within the meaning of the SouthBank Corporation Act 1989 , wishes to carry on business ’. PART 2—AMENDMENT OF THE BUILDING UNITS AND GROUP TITLES ACT 1980

230 South Bank Corporation Amendment Amended Act 4. The Building Units and Group Titles Act 1980 is amended as set out in this Part. Amendment of s. 9 5. Section 9(3)(b)— omit , insert— ‘ (b) a plan shall not be registered if the name of the building or the name of the parcel, as the case may be, endorsed thereon is currently endorsed on— (i) a registered leasehold building units plan under the SouthBank Corporation Act 1989 ; and (ii) a registered building units plan; or is reserved pursuant to— (iii) section 120 of this Act; or (iv) section 120 of Schedule 7 of the SouthBankCorporationAct 1989 . ’. Amendment of s. 120 (Reservation of name) 6. Section 120(4)(a)— omit , insert — ‘ (a) in respect of a proposed building units plan, another building units plan or a leasehold building units plan within the meaning of the South Bank Corporation Act 1989 ; or ’. PART 3—AMENDMENT OF THE LAND SALES ACT 1984

231 South Bank Corporation Amendment Amended Act 7. The Land Sales Act 1984 is amended as set out in this Part. Amendment of s. 6 (Interpretation) 8.(1) Section 6— insert — ‘ “leasehold building units plan” means a leasehold building units plan within the meaning of the South Bank Corporation Act 1989 ;’. (2) Section 6 (definition “plan” )— omit , insert — ‘ “plan” includes a building units plan, a group titles plan and a leasehold building units plan; ’. (3) Section 6 (definition “registered lot”)— omit , insert — ‘ “registered lot” means a lot shown on a plan registered under the BuildingUnitsandGroupTitlesAct1980 or the SouthBankCorporation Act 1989 ; ’. The State of Queensland 1991