{"id":"qld:act-2006-007","name":"Inala Shopping Centre Freeholding Act 2006","slug":"inala-shopping-centre-freeholding-act-2006","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"7 of 2006","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30290,"registerId":"qld-act-2006-007-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Inala Shopping Centre Freeholding Act 2006 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act, other than section 32 (2) and part 6 , division 2 , commences on a day to be fixed by proclamation.\nSection 32 (2) and part 6 , division 2 commence 1 year after part 2 commences.\n(sec.2-ssec.1) This Act, other than section 32 (2) and part 6 , division 2 , commences on a day to be fixed by proclamation.\n(sec.2-ssec.2) Section 32 (2) and part 6 , division 2 commence 1 year after part 2 commences.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Act binds all persons","content":"### sec.3 Act binds all persons\n\nThis Act binds all persons, including the State.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Dictionary","content":"### sec.4 Dictionary\n\nThe dictionary in schedule 5 defines particular words used in this Act.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Preparation of shopping centre land for creation of community titles schemes","content":"# Preparation of shopping centre land for creation of community titles schemes","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Land shown on sch 1 plan","content":"### sec.5 Land shown on sch 1 plan\n\nThe shopping centre land is the land shown on the plan in schedule 1 , other than the excluded land.\nThe excluded land is the land shown on the plan in schedule 1 as the excluded land.\n(sec.5-ssec.1) The shopping centre land is the land shown on the plan in schedule 1 , other than the excluded land.\n(sec.5-ssec.2) The excluded land is the land shown on the plan in schedule 1 as the excluded land.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Permanent closure of road","content":"### sec.6 Permanent closure of road\n\nThis section applies to the parts of the shopping centre land and the excluded land that are, immediately before the commencement, dedicated as a road for public use.\nOn the commencement—\nthe road is permanently closed; and\nthe land becomes unallocated State land.\nSubsection (2) (a) applies despite the Land Act 1994 , chapter 3 , part 2 , division 2 .\n(sec.6-ssec.1) This section applies to the parts of the shopping centre land and the excluded land that are, immediately before the commencement, dedicated as a road for public use.\n(sec.6-ssec.2) On the commencement— the road is permanently closed; and the land becomes unallocated State land.\n(sec.6-ssec.3) Subsection (2) (a) applies despite the Land Act 1994 , chapter 3 , part 2 , division 2 .\n- (a) the road is permanently closed; and\n- (b) the land becomes unallocated State land.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Issue of deeds of grant for shopping centre land and excluded land","content":"### sec.7 Issue of deeds of grant for shopping centre land and excluded land\n\nOn the commencement—\nany part of the shopping centre land that was, immediately before the commencement, subject to a shopping centre lease becomes unallocated State land; and\na deed of grant issued before the commencement for any part of the shopping centre land is cancelled and the land becomes unallocated State land.\nThe Governor in Council must issue to the State—\na deed of grant for the shopping centre land; and\na deed of grant for the excluded land.\nA deed of grant required under subsection (2) to be issued—\nmust be issued under the Land Act 1994 ; and\nsubject to section 21 of that Act, is issued free of all of the interests to which the shopping centre land or the excluded land was subject immediately before the commencement.\nHowever, the conversion of the shopping centre land to freehold land, and the issue of a deed of grant for the land, under this section does not terminate a shopping centre lease.\nTo remove any doubt, it is declared that the Housing Act 2003 , section 112 continues to apply to a shopping centre lease until the lease is cancelled under section 15 or otherwise terminated.\nIn this section—\ndeed of grant means a document evidencing the grant of land in fee simple under the Land Act 1994 that includes an indefeasible title under the Land Title Act .\n(sec.7-ssec.1) On the commencement— any part of the shopping centre land that was, immediately before the commencement, subject to a shopping centre lease becomes unallocated State land; and a deed of grant issued before the commencement for any part of the shopping centre land is cancelled and the land becomes unallocated State land.\n(sec.7-ssec.2) The Governor in Council must issue to the State— a deed of grant for the shopping centre land; and a deed of grant for the excluded land.\n(sec.7-ssec.3) A deed of grant required under subsection (2) to be issued— must be issued under the Land Act 1994 ; and subject to section 21 of that Act, is issued free of all of the interests to which the shopping centre land or the excluded land was subject immediately before the commencement.\n(sec.7-ssec.4) However, the conversion of the shopping centre land to freehold land, and the issue of a deed of grant for the land, under this section does not terminate a shopping centre lease.\n(sec.7-ssec.5) To remove any doubt, it is declared that the Housing Act 2003 , section 112 continues to apply to a shopping centre lease until the lease is cancelled under section 15 or otherwise terminated.\n(sec.7-ssec.6) In this section— deed of grant means a document evidencing the grant of land in fee simple under the Land Act 1994 that includes an indefeasible title under the Land Title Act .\n- (a) any part of the shopping centre land that was, immediately before the commencement, subject to a shopping centre lease becomes unallocated State land; and\n- (b) a deed of grant issued before the commencement for any part of the shopping centre land is cancelled and the land becomes unallocated State land.\n- (a) a deed of grant for the shopping centre land; and\n- (b) a deed of grant for the excluded land.\n- (a) must be issued under the Land Act 1994 ; and\n- (b) subject to section 21 of that Act, is issued free of all of the interests to which the shopping centre land or the excluded land was subject immediately before the commencement.","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Preparation and registration of plan of survey","content":"### sec.8 Preparation and registration of plan of survey\n\nThe chief executive must ensure a plan of survey creating 1 lot for the shopping centre land and 1 lot for the excluded land is prepared as soon as practicable after the commencement.\nThe plan of survey must generally correspond with the plan in schedule 1 .\nThe chief executive must ensure the plan of survey is registered under the Land Act 1994 .\nNo fee is payable for registering the plan of survey under the Land Act 1994 .\n(sec.8-ssec.1) The chief executive must ensure a plan of survey creating 1 lot for the shopping centre land and 1 lot for the excluded land is prepared as soon as practicable after the commencement.\n(sec.8-ssec.2) The plan of survey must generally correspond with the plan in schedule 1 .\n(sec.8-ssec.3) The chief executive must ensure the plan of survey is registered under the Land Act 1994 .\n(sec.8-ssec.4) No fee is payable for registering the plan of survey under the Land Act 1994 .","sortOrder":9},{"sectionNumber":"pt.3","sectionType":"part","heading":"Establishment of community titles schemes","content":"# Establishment of community titles schemes","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Plans of subdivision for community titles schemes","content":"### sec.9 Plans of subdivision for community titles schemes\n\nAs soon as practicable after the plan of survey mentioned in section 8 is registered, the chief executive must ensure the following plans of subdivision are prepared and lodged for registration under the Land Title Act —\nplan of subdivision SP169871 (the principal scheme plan ), subdividing the shopping centre land into lots to be included in, and common property for, a community titles scheme;\nplan of subdivision SP169873 (the subsidiary scheme plan ), subdividing proposed lot 22 shown on the principal scheme plan into lots to be included in, and common property for, a community titles scheme.\nThe lots and common property, and the easements relating to the lots and common property, shown on the principal scheme plan must generally correspond with the lots, common property and easements shown on the plan in schedule 2 .\nThe lots and common property, and the easements relating to the lots and common property, shown on the subsidiary scheme plan must generally correspond with the lots, common property and easements shown on the plan in schedule 3 .\nFor the Land Title Act , section 50 , a plan of subdivision prepared under this section is taken to have been approved by the Brisbane City Council.\nTo remove any doubt, it is declared that section 44 of the BCCM Act does not prevent the registration under the Land Title Act of an easement shown on the principal scheme plan.\nIn this section—\ncommon property see the BCCM Act , section 10 .\n(sec.9-ssec.1) As soon as practicable after the plan of survey mentioned in section 8 is registered, the chief executive must ensure the following plans of subdivision are prepared and lodged for registration under the Land Title Act — plan of subdivision SP169871 (the principal scheme plan ), subdividing the shopping centre land into lots to be included in, and common property for, a community titles scheme; plan of subdivision SP169873 (the subsidiary scheme plan ), subdividing proposed lot 22 shown on the principal scheme plan into lots to be included in, and common property for, a community titles scheme.\n(sec.9-ssec.2) The lots and common property, and the easements relating to the lots and common property, shown on the principal scheme plan must generally correspond with the lots, common property and easements shown on the plan in schedule 2 .\n(sec.9-ssec.3) The lots and common property, and the easements relating to the lots and common property, shown on the subsidiary scheme plan must generally correspond with the lots, common property and easements shown on the plan in schedule 3 .\n(sec.9-ssec.4) For the Land Title Act , section 50 , a plan of subdivision prepared under this section is taken to have been approved by the Brisbane City Council.\n(sec.9-ssec.5) To remove any doubt, it is declared that section 44 of the BCCM Act does not prevent the registration under the Land Title Act of an easement shown on the principal scheme plan.\n(sec.9-ssec.6) In this section— common property see the BCCM Act , section 10 .\n- (a) plan of subdivision SP169871 (the principal scheme plan ), subdividing the shopping centre land into lots to be included in, and common property for, a community titles scheme;\n- (b) plan of subdivision SP169873 (the subsidiary scheme plan ), subdividing proposed lot 22 shown on the principal scheme plan into lots to be included in, and common property for, a community titles scheme.","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Community management statements for community titles schemes","content":"### sec.10 Community management statements for community titles schemes\n\nThe chief executive must ensure the first community management statements for the proposed community titles schemes are lodged for recording under the Land Title Act .\nFor the BCCM Act , section 60 , the Brisbane City Council is taken to have endorsed the community management statements with community management statement notations.\nIn this section—\nproposed community titles schemes means the community titles schemes mentioned in section 9 (1) (a) and (b) .\n(sec.10-ssec.1) The chief executive must ensure the first community management statements for the proposed community titles schemes are lodged for recording under the Land Title Act .\n(sec.10-ssec.2) For the BCCM Act , section 60 , the Brisbane City Council is taken to have endorsed the community management statements with community management statement notations.\n(sec.10-ssec.3) In this section— proposed community titles schemes means the community titles schemes mentioned in section 9 (1) (a) and (b) .","sortOrder":12},{"sectionNumber":"sec.11","sectionType":"section","heading":"Date of establishment of community titles schemes","content":"### sec.11 Date of establishment of community titles schemes\n\nThe principal scheme and subsidiary scheme are taken to be established on the conversion day.\nSubsection (1) applies despite the BCCM Act , section 24 (2) .\nIf the State grants an easement before the conversion day over land that will be scheme land for the principal scheme or subsidiary scheme, the easement takes effect in relation to the shopping centre land from the day the easement is created.\nHowever, if an easement to which subsection (3) applies is inconsistent with the terms of a shopping centre lease, the lease prevails to the extent of the inconsistency.\n(sec.11-ssec.1) The principal scheme and subsidiary scheme are taken to be established on the conversion day.\n(sec.11-ssec.2) Subsection (1) applies despite the BCCM Act , section 24 (2) .\n(sec.11-ssec.3) If the State grants an easement before the conversion day over land that will be scheme land for the principal scheme or subsidiary scheme, the easement takes effect in relation to the shopping centre land from the day the easement is created.\n(sec.11-ssec.4) However, if an easement to which subsection (3) applies is inconsistent with the terms of a shopping centre lease, the lease prevails to the extent of the inconsistency.","sortOrder":13},{"sectionNumber":"sec.12","sectionType":"section","heading":"State as original owner for community titles schemes","content":"### sec.12 State as original owner for community titles schemes\n\nThe State can not be prosecuted for not complying with an obligation under the BCCM Act in the State’s capacity as the original owner for the principal scheme or subsidiary scheme.\nThe Body Corporate and Community Management (Commercial Module) Regulation 1997 , section 49 (1) (b) and (f) , does not apply to the State as the original owner for the principal scheme or subsidiary scheme.\n(sec.12-ssec.1) The State can not be prosecuted for not complying with an obligation under the BCCM Act in the State’s capacity as the original owner for the principal scheme or subsidiary scheme.\n(sec.12-ssec.2) The Body Corporate and Community Management (Commercial Module) Regulation 1997 , section 49 (1) (b) and (f) , does not apply to the State as the original owner for the principal scheme or subsidiary scheme.","sortOrder":14},{"sectionNumber":"sec.13","sectionType":"section","heading":"Notice to lessees of recording of community management statements etc.","content":"### sec.13 Notice to lessees of recording of community management statements etc.\n\nWithin 7 days after the first community management statements for the principal scheme and subsidiary scheme are recorded, the chief executive must give each lessee of a shopping centre lease—\na notice (a conversion notice ) stating each of the following—\nthat community management statements for the principal scheme and subsidiary scheme have been recorded;\nthe conversion day;\nthe information the lessee is required to give the chief executive before the conversion day; and\na tax invoice issued by the department that shows the conversion cost payable by the lessee.\nThe information stated in a conversion notice under subsection (1) (a) (iii) must be—\ninformation in, or to the effect of, the approved form for the Valuation of Land Act 1944 , section 81 (1) ; and\nany other information reasonably required by the chief executive in relation to the vesting of a transfer lot in the lessee.\nIn this section—\ntax invoice see the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth) , section 195 -1\n(sec.13-ssec.1) Within 7 days after the first community management statements for the principal scheme and subsidiary scheme are recorded, the chief executive must give each lessee of a shopping centre lease— a notice (a conversion notice ) stating each of the following— that community management statements for the principal scheme and subsidiary scheme have been recorded; the conversion day; the information the lessee is required to give the chief executive before the conversion day; and a tax invoice issued by the department that shows the conversion cost payable by the lessee.\n(sec.13-ssec.2) The information stated in a conversion notice under subsection (1) (a) (iii) must be— information in, or to the effect of, the approved form for the Valuation of Land Act 1944 , section 81 (1) ; and any other information reasonably required by the chief executive in relation to the vesting of a transfer lot in the lessee.\n(sec.13-ssec.3) In this section— tax invoice see the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth) , section 195 -1\n- (a) a notice (a conversion notice ) stating each of the following— (i) that community management statements for the principal scheme and subsidiary scheme have been recorded; (ii) the conversion day; (iii) the information the lessee is required to give the chief executive before the conversion day; and\n- (i) that community management statements for the principal scheme and subsidiary scheme have been recorded;\n- (ii) the conversion day;\n- (iii) the information the lessee is required to give the chief executive before the conversion day; and\n- (b) a tax invoice issued by the department that shows the conversion cost payable by the lessee.\n- (i) that community management statements for the principal scheme and subsidiary scheme have been recorded;\n- (ii) the conversion day;\n- (iii) the information the lessee is required to give the chief executive before the conversion day; and\n- (a) information in, or to the effect of, the approved form for the Valuation of Land Act 1944 , section 81 (1) ; and\n- (b) any other information reasonably required by the chief executive in relation to the vesting of a transfer lot in the lessee.","sortOrder":15},{"sectionNumber":"sec.14","sectionType":"section","heading":"Requirement for lessees to pay conversion cost and provide information","content":"### sec.14 Requirement for lessees to pay conversion cost and provide information\n\nThe lessee of a shopping centre lease must pay to the chief executive, before the conversion day, the total of the following amounts (the conversion cost )—\nthe unimproved value amount for each shopping centre lease held by the person immediately before the conversion day;\nany GST payable on a supply relating to the vesting of a transfer lot in the person under section 15 ;\nany transfer duty imposed under the Duties Act 2001 on the vesting.\nFor the enforcement of this provision, see sections 19 to 22 .\nThe lessee of a shopping centre lease must also, before the conversion day, give the chief executive the information required to be given to the chief executive under the conversion notice given to the lessee.\nMaximum penalty—5 penalty units.\nIn this section—\nunimproved value amount , for a shopping centre lease, means the amount of the valuation of the unimproved value of the land contained in the lease that was in force under the Valuation of Land Act 1944 on 30 June 2003.\n(sec.14-ssec.1) The lessee of a shopping centre lease must pay to the chief executive, before the conversion day, the total of the following amounts (the conversion cost )— the unimproved value amount for each shopping centre lease held by the person immediately before the conversion day; any GST payable on a supply relating to the vesting of a transfer lot in the person under section 15 ; any transfer duty imposed under the Duties Act 2001 on the vesting. For the enforcement of this provision, see sections 19 to 22 .\n(sec.14-ssec.2) The lessee of a shopping centre lease must also, before the conversion day, give the chief executive the information required to be given to the chief executive under the conversion notice given to the lessee. Maximum penalty—5 penalty units.\n(sec.14-ssec.3) In this section— unimproved value amount , for a shopping centre lease, means the amount of the valuation of the unimproved value of the land contained in the lease that was in force under the Valuation of Land Act 1944 on 30 June 2003.\n- (a) the unimproved value amount for each shopping centre lease held by the person immediately before the conversion day;\n- (b) any GST payable on a supply relating to the vesting of a transfer lot in the person under section 15 ;\n- (c) any transfer duty imposed under the Duties Act 2001 on the vesting.","sortOrder":16},{"sectionNumber":"pt.4","sectionType":"part","heading":"Vesting of lots in lessees","content":"# Vesting of lots in lessees","sortOrder":17},{"sectionNumber":"sec.15","sectionType":"section","heading":"Termination of shopping centre leases and vesting of lots in lessees","content":"### sec.15 Termination of shopping centre leases and vesting of lots in lessees\n\nOn the conversion day—\na shopping centre lease still in force is cancelled; and\na lot included in the principal scheme or subsidiary scheme and identified in schedule 4 , column 1 (a transfer lot ) vests in each person (each a first owner ) who was, immediately before the conversion day, a lessee of a relevant lease for the lot.\nEach shopping centre lease listed in schedule 4 , column 2 opposite a transfer lot is a relevant lease for the lot.\nSubsection (1) (b) applies subject to sections 16 and 17 .\nIf a shopping centre lease cancelled under this section was, immediately before its cancellation, subject to a sublease or other interest—\nthe cancellation of the lease under this section does not terminate the sublease or other interest; and\non the conversion day, the sublease or other interest is taken to be held in relation to each lot vested under subsection (1) in the lessee of the lease.\nIf there is an unregistered document in relation to a shopping centre lease cancelled under this section, the document must be relodged by the registrar of titles, for the person who lodged the document, against each transfer lot vested in the lessee of the lease.\nThe following do not apply in relation to the vesting of a transfer lot under this section—\nthe Land Sales Act 1984 ;\nthe BCCM Act , chapter 5 , parts 1 to 3 .\nIn this section—\nunregistered document means a document that—\nhas been lodged under the Land Act 1994 but has not been registered in the appropriate register under that Act; and\nhas not been rejected.\n(sec.15-ssec.1) On the conversion day— a shopping centre lease still in force is cancelled; and a lot included in the principal scheme or subsidiary scheme and identified in schedule 4 , column 1 (a transfer lot ) vests in each person (each a first owner ) who was, immediately before the conversion day, a lessee of a relevant lease for the lot.\n(sec.15-ssec.2) Each shopping centre lease listed in schedule 4 , column 2 opposite a transfer lot is a relevant lease for the lot.\n(sec.15-ssec.3) Subsection (1) (b) applies subject to sections 16 and 17 .\n(sec.15-ssec.4) If a shopping centre lease cancelled under this section was, immediately before its cancellation, subject to a sublease or other interest— the cancellation of the lease under this section does not terminate the sublease or other interest; and on the conversion day, the sublease or other interest is taken to be held in relation to each lot vested under subsection (1) in the lessee of the lease.\n(sec.15-ssec.5) If there is an unregistered document in relation to a shopping centre lease cancelled under this section, the document must be relodged by the registrar of titles, for the person who lodged the document, against each transfer lot vested in the lessee of the lease.\n(sec.15-ssec.6) The following do not apply in relation to the vesting of a transfer lot under this section— the Land Sales Act 1984 ; the BCCM Act , chapter 5 , parts 1 to 3 .\n(sec.15-ssec.7) In this section— unregistered document means a document that— has been lodged under the Land Act 1994 but has not been registered in the appropriate register under that Act; and has not been rejected.\n- (a) a shopping centre lease still in force is cancelled; and\n- (b) a lot included in the principal scheme or subsidiary scheme and identified in schedule 4 , column 1 (a transfer lot ) vests in each person (each a first owner ) who was, immediately before the conversion day, a lessee of a relevant lease for the lot.\n- (a) the cancellation of the lease under this section does not terminate the sublease or other interest; and\n- (b) on the conversion day, the sublease or other interest is taken to be held in relation to each lot vested under subsection (1) in the lessee of the lease.\n- (a) the Land Sales Act 1984 ;\n- (b) the BCCM Act , chapter 5 , parts 1 to 3 .\n- (a) has been lodged under the Land Act 1994 but has not been registered in the appropriate register under that Act; and\n- (b) has not been rejected.","sortOrder":18},{"sectionNumber":"sec.16","sectionType":"section","heading":"Transfer lot for which a relevant lease is not in force immediately before conversion day","content":"### sec.16 Transfer lot for which a relevant lease is not in force immediately before conversion day\n\nThis section applies if a relevant lease for a transfer lot is not in force immediately before the conversion day.\nIf there is another relevant lease for the transfer lot that is in force immediately before the conversion day (the current lease ), the transfer lot is vested in each of the following persons (each a first owner )—\nthe persons who were, immediately before the conversion day, the lessees of the current lease;\nthe persons who were the lessees of the lease mentioned in subsection (1) immediately before its termination.\nIf there is no relevant lease for the transfer lot in force immediately before the conversion day, the lot is not a transfer lot.\n(sec.16-ssec.1) This section applies if a relevant lease for a transfer lot is not in force immediately before the conversion day.\n(sec.16-ssec.2) If there is another relevant lease for the transfer lot that is in force immediately before the conversion day (the current lease ), the transfer lot is vested in each of the following persons (each a first owner )— the persons who were, immediately before the conversion day, the lessees of the current lease; the persons who were the lessees of the lease mentioned in subsection (1) immediately before its termination.\n(sec.16-ssec.3) If there is no relevant lease for the transfer lot in force immediately before the conversion day, the lot is not a transfer lot.\n- (a) the persons who were, immediately before the conversion day, the lessees of the current lease;\n- (b) the persons who were the lessees of the lease mentioned in subsection (1) immediately before its termination.","sortOrder":19},{"sectionNumber":"sec.17","sectionType":"section","heading":"Co-ownership of transfer lots","content":"### sec.17 Co-ownership of transfer lots\n\nThis section applies if a transfer lot is vested under section 15 (1) (b) in more than 1 person.\nFor lot 3 of the subsidiary scheme, the persons take—\nif the lessees of SHPTL 1201, acting jointly, give notice to the chief executive before the conversion day of the individual interests in the lot they have agreed to take—the individual interests in the lot stated in the notice; or\notherwise—the same individual interests in the lot as they had in SHPTL 1201 immediately before its cancellation.\nFor another transfer lot, the persons take the same individual interests in the lot as they had in the relevant lease or leases for the lot immediately before their cancellation.\n(sec.17-ssec.1) This section applies if a transfer lot is vested under section 15 (1) (b) in more than 1 person.\n(sec.17-ssec.2) For lot 3 of the subsidiary scheme, the persons take— if the lessees of SHPTL 1201, acting jointly, give notice to the chief executive before the conversion day of the individual interests in the lot they have agreed to take—the individual interests in the lot stated in the notice; or otherwise—the same individual interests in the lot as they had in SHPTL 1201 immediately before its cancellation.\n(sec.17-ssec.3) For another transfer lot, the persons take the same individual interests in the lot as they had in the relevant lease or leases for the lot immediately before their cancellation.\n- (a) if the lessees of SHPTL 1201, acting jointly, give notice to the chief executive before the conversion day of the individual interests in the lot they have agreed to take—the individual interests in the lot stated in the notice; or\n- (b) otherwise—the same individual interests in the lot as they had in SHPTL 1201 immediately before its cancellation.","sortOrder":20},{"sectionNumber":"sec.18","sectionType":"section","heading":"Recording conversion of title etc.","content":"### sec.18 Recording conversion of title etc.\n\nThe chief executive must, as soon as practicable after the conversion day—\ngive the chief executive (land) a notice asking that the chief executive note in the appropriate register under the Land Act 1994 the cancellation under section 15 (1) (a) of the shopping centre leases to which the section applies; and\ngive the registrar of titles a notice asking that the registrar record the vesting of the transfer lots under section 15 (1) (b) , 16 or 17 and stating—\nthe name of the first owner of each transfer lot and, if a transfer lot vests in co-owners, the interests taken by the co-owners; and\nif a transfer lot vests subject to the chief executive’s charge—the lot vests subject to the charge and the conversion cost for the lot.\nThe registrar of titles must—\nrecord in the freehold land register—\nthe vesting of the transfer lots; and\nthe interests mentioned in section 15 (4) (b) in relation to the transfer lots; and\nif a transfer lot vests subject to the chief executive’s charge—\nrecord the chief executive’s charge in the freehold land register; and\nwhile a chief executive’s charge is recorded in the freehold land register, keep a record of the conversion cost for the lot.\nFees payable under the Land Title Act for recording the vesting of a transfer lot under section 15 (1) (b) , 16 or 17 must be paid by the department.\nHowever, no fee is payable for recording the chief executive’s charge under this section.\nSubsection (6) applies to an instrument of covenant—\nin favour of the State relating to the use for a taxi rank of the part of lot 20 of the principal scheme identified on the principal scheme plan as ‘taxi rank covenant’; and\nexecuted before the conversion day by the chief executive.\nThe instrument of covenant may be registered under the Land Title Act even though the covenant is entered into by the State with the State.\nIn this section—\nchief executive (land) means the chief executive of the department in which the Land Act 1994 is administered.\n(sec.18-ssec.1) The chief executive must, as soon as practicable after the conversion day— give the chief executive (land) a notice asking that the chief executive note in the appropriate register under the Land Act 1994 the cancellation under section 15 (1) (a) of the shopping centre leases to which the section applies; and give the registrar of titles a notice asking that the registrar record the vesting of the transfer lots under section 15 (1) (b) , 16 or 17 and stating— the name of the first owner of each transfer lot and, if a transfer lot vests in co-owners, the interests taken by the co-owners; and if a transfer lot vests subject to the chief executive’s charge—the lot vests subject to the charge and the conversion cost for the lot.\n(sec.18-ssec.2) The registrar of titles must— record in the freehold land register— the vesting of the transfer lots; and the interests mentioned in section 15 (4) (b) in relation to the transfer lots; and if a transfer lot vests subject to the chief executive’s charge— record the chief executive’s charge in the freehold land register; and while a chief executive’s charge is recorded in the freehold land register, keep a record of the conversion cost for the lot.\n(sec.18-ssec.3) Fees payable under the Land Title Act for recording the vesting of a transfer lot under section 15 (1) (b) , 16 or 17 must be paid by the department.\n(sec.18-ssec.4) However, no fee is payable for recording the chief executive’s charge under this section.\n(sec.18-ssec.5) Subsection (6) applies to an instrument of covenant— in favour of the State relating to the use for a taxi rank of the part of lot 20 of the principal scheme identified on the principal scheme plan as ‘taxi rank covenant’; and executed before the conversion day by the chief executive.\n(sec.18-ssec.6) The instrument of covenant may be registered under the Land Title Act even though the covenant is entered into by the State with the State.\n(sec.18-ssec.7) In this section— chief executive (land) means the chief executive of the department in which the Land Act 1994 is administered.\n- (a) give the chief executive (land) a notice asking that the chief executive note in the appropriate register under the Land Act 1994 the cancellation under section 15 (1) (a) of the shopping centre leases to which the section applies; and\n- (b) give the registrar of titles a notice asking that the registrar record the vesting of the transfer lots under section 15 (1) (b) , 16 or 17 and stating— (i) the name of the first owner of each transfer lot and, if a transfer lot vests in co-owners, the interests taken by the co-owners; and (ii) if a transfer lot vests subject to the chief executive’s charge—the lot vests subject to the charge and the conversion cost for the lot.\n- (i) the name of the first owner of each transfer lot and, if a transfer lot vests in co-owners, the interests taken by the co-owners; and\n- (ii) if a transfer lot vests subject to the chief executive’s charge—the lot vests subject to the charge and the conversion cost for the lot.\n- (i) the name of the first owner of each transfer lot and, if a transfer lot vests in co-owners, the interests taken by the co-owners; and\n- (ii) if a transfer lot vests subject to the chief executive’s charge—the lot vests subject to the charge and the conversion cost for the lot.\n- (a) record in the freehold land register— (i) the vesting of the transfer lots; and (ii) the interests mentioned in section 15 (4) (b) in relation to the transfer lots; and\n- (i) the vesting of the transfer lots; and\n- (ii) the interests mentioned in section 15 (4) (b) in relation to the transfer lots; and\n- (b) if a transfer lot vests subject to the chief executive’s charge— (i) record the chief executive’s charge in the freehold land register; and (ii) while a chief executive’s charge is recorded in the freehold land register, keep a record of the conversion cost for the lot.\n- (i) record the chief executive’s charge in the freehold land register; and\n- (ii) while a chief executive’s charge is recorded in the freehold land register, keep a record of the conversion cost for the lot.\n- (i) the vesting of the transfer lots; and\n- (ii) the interests mentioned in section 15 (4) (b) in relation to the transfer lots; and\n- (i) record the chief executive’s charge in the freehold land register; and\n- (ii) while a chief executive’s charge is recorded in the freehold land register, keep a record of the conversion cost for the lot.\n- (a) in favour of the State relating to the use for a taxi rank of the part of lot 20 of the principal scheme identified on the principal scheme plan as ‘taxi rank covenant’; and\n- (b) executed before the conversion day by the chief executive.","sortOrder":21},{"sectionNumber":"sec.19","sectionType":"section","heading":"Creation of chief executive’s charge","content":"### sec.19 Creation of chief executive’s charge\n\nThis section applies if the conversion cost for a transfer lot is not paid by the first owner of the lot before the conversion day.\nEach transfer lot vesting in the first owner under section 15 (1) (b) , 16 or 17 vests subject to a charge (the chief executive’s charge ) in favour of the chief executive securing payment of the conversion cost.\nThe charge is binding on the first owner of the lot and the owner’s successors in title.\nFor the Local Government Act 2009 , the chief executive’s charge is an encumbrance conferring rights on the State.\ns 19 amd 2009 No. 17 s 331 sch 1\n(sec.19-ssec.1) This section applies if the conversion cost for a transfer lot is not paid by the first owner of the lot before the conversion day.\n(sec.19-ssec.2) Each transfer lot vesting in the first owner under section 15 (1) (b) , 16 or 17 vests subject to a charge (the chief executive’s charge ) in favour of the chief executive securing payment of the conversion cost.\n(sec.19-ssec.3) The charge is binding on the first owner of the lot and the owner’s successors in title.\n(sec.19-ssec.4) For the Local Government Act 2009 , the chief executive’s charge is an encumbrance conferring rights on the State.","sortOrder":22},{"sectionNumber":"sec.20","sectionType":"section","heading":"Enforcement of chief executive’s charge—notice of intention to sell lot","content":"### sec.20 Enforcement of chief executive’s charge—notice of intention to sell lot\n\nThis section applies if—\na transfer lot vests in the first owner subject to the chief executive’s charge; and\nthe chief executive decides the lot should be sold to recover the unpaid conversion cost.\nThe chief executive must give notice (a notice of intention to sell ) stating the matters mentioned in subsection (3) to—\nthe registered owner of the lot; and\neach mortgagee of the lot.\nThe matters are each of the following—\nthe conversion day;\nthe amount of the unpaid conversion cost;\nthat the chief executive may sell the lot if the registered owner does not pay to the chief executive within a stated period—\nthe amount of the unpaid conversion cost; and\nif the chief executive requires interest on the unpaid conversion cost to be paid by the registered owner—interest on the unpaid conversion cost.\nThe total amount payable by the registered owner under subsection (3) (c) is the demand amount .\nThe period stated in the notice under subsection (3) (c) must be at least 14 days after the notice is given to the registered owner.\nIf the notice requires the registered owner to pay interest under subsection (3) (c) (ii) , the interest is payable—\nfor the period starting on the day after the conversion day and ending on the day the amount of the unpaid conversion cost is paid in full; and\nat the Reserve Bank of Australia’s official cash rate for each day in the period plus 2%.\nThe Reserve Bank of Australia’s official cash rate is published on the bank’s website at <www.rba.gov.au>.\nIf the registered owner does not pay the demand amount within the period stated in the notice, the chief executive may—\nsell the lot; or\nif a mortgagee agrees to sell the lot—allow the mortgagee to sell the lot.\nIf the chief executive allows a mortgagee to sell the lot under subsection (7) (b) , the registered owner is taken to be in default under the mortgage.\n(sec.20-ssec.1) This section applies if— a transfer lot vests in the first owner subject to the chief executive’s charge; and the chief executive decides the lot should be sold to recover the unpaid conversion cost.\n(sec.20-ssec.2) The chief executive must give notice (a notice of intention to sell ) stating the matters mentioned in subsection (3) to— the registered owner of the lot; and each mortgagee of the lot.\n(sec.20-ssec.3) The matters are each of the following— the conversion day; the amount of the unpaid conversion cost; that the chief executive may sell the lot if the registered owner does not pay to the chief executive within a stated period— the amount of the unpaid conversion cost; and if the chief executive requires interest on the unpaid conversion cost to be paid by the registered owner—interest on the unpaid conversion cost.\n(sec.20-ssec.4) The total amount payable by the registered owner under subsection (3) (c) is the demand amount .\n(sec.20-ssec.5) The period stated in the notice under subsection (3) (c) must be at least 14 days after the notice is given to the registered owner.\n(sec.20-ssec.6) If the notice requires the registered owner to pay interest under subsection (3) (c) (ii) , the interest is payable— for the period starting on the day after the conversion day and ending on the day the amount of the unpaid conversion cost is paid in full; and at the Reserve Bank of Australia’s official cash rate for each day in the period plus 2%. The Reserve Bank of Australia’s official cash rate is published on the bank’s website at <www.rba.gov.au>.\n(sec.20-ssec.7) If the registered owner does not pay the demand amount within the period stated in the notice, the chief executive may— sell the lot; or if a mortgagee agrees to sell the lot—allow the mortgagee to sell the lot.\n(sec.20-ssec.8) If the chief executive allows a mortgagee to sell the lot under subsection (7) (b) , the registered owner is taken to be in default under the mortgage.\n- (a) a transfer lot vests in the first owner subject to the chief executive’s charge; and\n- (b) the chief executive decides the lot should be sold to recover the unpaid conversion cost.\n- (a) the registered owner of the lot; and\n- (b) each mortgagee of the lot.\n- (a) the conversion day;\n- (b) the amount of the unpaid conversion cost;\n- (c) that the chief executive may sell the lot if the registered owner does not pay to the chief executive within a stated period— (i) the amount of the unpaid conversion cost; and (ii) if the chief executive requires interest on the unpaid conversion cost to be paid by the registered owner—interest on the unpaid conversion cost.\n- (i) the amount of the unpaid conversion cost; and\n- (ii) if the chief executive requires interest on the unpaid conversion cost to be paid by the registered owner—interest on the unpaid conversion cost.\n- (i) the amount of the unpaid conversion cost; and\n- (ii) if the chief executive requires interest on the unpaid conversion cost to be paid by the registered owner—interest on the unpaid conversion cost.\n- (a) for the period starting on the day after the conversion day and ending on the day the amount of the unpaid conversion cost is paid in full; and\n- (b) at the Reserve Bank of Australia’s official cash rate for each day in the period plus 2%. Note— The Reserve Bank of Australia’s official cash rate is published on the bank’s website at <www.rba.gov.au>.\n- (a) sell the lot; or\n- (b) if a mortgagee agrees to sell the lot—allow the mortgagee to sell the lot.","sortOrder":23},{"sectionNumber":"sec.21","sectionType":"section","heading":"Release of chief executive’s charge on payment of conversion cost etc.","content":"### sec.21 Release of chief executive’s charge on payment of conversion cost etc.\n\nThis section applies if—\nthe chief executive receives payment of the demand amount during the period stated in a notice of intention to sell; or\nwith the Minister’s consent, the chief executive, after the period stated in a notice of intention to sell, agrees to accept, and receives payment of, another amount in payment of the chief executive’s charge.\nThe amount mentioned in subsection (1) (b) may be more or less than the demand amount.\nEach lot that is subject to the chief executive’s charge is released from the charge.\nThe chief executive must, as soon as practicable, ask the registrar of titles to record the release of the charge in the freehold land register.\nThe registrar of titles must, on the chief executive’s request, record the release of the charge in the freehold land register.\nNo fee is payable for recording the release of the chief executive’s charge under this section.\n(sec.21-ssec.1) This section applies if— the chief executive receives payment of the demand amount during the period stated in a notice of intention to sell; or with the Minister’s consent, the chief executive, after the period stated in a notice of intention to sell, agrees to accept, and receives payment of, another amount in payment of the chief executive’s charge.\n(sec.21-ssec.2) The amount mentioned in subsection (1) (b) may be more or less than the demand amount.\n(sec.21-ssec.3) Each lot that is subject to the chief executive’s charge is released from the charge.\n(sec.21-ssec.4) The chief executive must, as soon as practicable, ask the registrar of titles to record the release of the charge in the freehold land register.\n(sec.21-ssec.5) The registrar of titles must, on the chief executive’s request, record the release of the charge in the freehold land register.\n(sec.21-ssec.6) No fee is payable for recording the release of the chief executive’s charge under this section.\n- (a) the chief executive receives payment of the demand amount during the period stated in a notice of intention to sell; or\n- (b) with the Minister’s consent, the chief executive, after the period stated in a notice of intention to sell, agrees to accept, and receives payment of, another amount in payment of the chief executive’s charge.","sortOrder":24},{"sectionNumber":"sec.22","sectionType":"section","heading":"Sale of lot by chief executive","content":"### sec.22 Sale of lot by chief executive\n\nIf the chief executive may sell a transfer lot under section 20 (7) (a) , the lot may be sold by public auction or private contract.\nThe chief executive must apply the proceeds of sale as follows—\nfirstly, in payment of all costs, charges and expenses properly incurred by the chief executive in the sale or a previous attempted sale of the transfer lot;\nsecondly, in payment of the demand amount to the chief executive;\nthirdly, in payment of any amount owing to a mortgagee or, if there is more than 1 mortgagee, according to their priorities;\nlastly, in payment to the previous registered owner of the lot.\nOn the sale of the transfer lot, the chief executive must give the registrar of titles an instrument of transfer executed by the chief executive, in the approved form under the Land Title Act , in relation to the sale.\nOn receiving the instrument of transfer, the registrar of titles must register the purchaser stated in the instrument for the interest held in the transfer lot by the previous registered owner, free of all encumbrances.\nThe registrar of titles must comply with subsection (4) even if an instrument of title relating to the transfer lot is not produced.\nSubsection (4) applies subject to section 23 .\nIf the demand amount has not been paid in full after the proceeds of sale are applied, the unpaid part of the amount may be recovered from the previous registered owner of the transfer lot as a debt owing to the State.\nThe Property Law Act 1974 does not apply to the exercise of the chief executive’s powers under this section.\nIn this section—\nencumbrance —\nincludes any of the following affecting land—\na mortgage, lien or charge;\na caveat;\nan agreement;\na judgment, writ or process;\nan interest adverse to the interest of the land’s owner; but\ndoes not include an easement.\nprevious registered owner , of a transfer lot sold under this section, means the person who was the registered owner of the lot immediately before its sale.\n(sec.22-ssec.1) If the chief executive may sell a transfer lot under section 20 (7) (a) , the lot may be sold by public auction or private contract.\n(sec.22-ssec.2) The chief executive must apply the proceeds of sale as follows— firstly, in payment of all costs, charges and expenses properly incurred by the chief executive in the sale or a previous attempted sale of the transfer lot; secondly, in payment of the demand amount to the chief executive; thirdly, in payment of any amount owing to a mortgagee or, if there is more than 1 mortgagee, according to their priorities; lastly, in payment to the previous registered owner of the lot.\n(sec.22-ssec.3) On the sale of the transfer lot, the chief executive must give the registrar of titles an instrument of transfer executed by the chief executive, in the approved form under the Land Title Act , in relation to the sale.\n(sec.22-ssec.4) On receiving the instrument of transfer, the registrar of titles must register the purchaser stated in the instrument for the interest held in the transfer lot by the previous registered owner, free of all encumbrances.\n(sec.22-ssec.5) The registrar of titles must comply with subsection (4) even if an instrument of title relating to the transfer lot is not produced.\n(sec.22-ssec.6) Subsection (4) applies subject to section 23 .\n(sec.22-ssec.7) If the demand amount has not been paid in full after the proceeds of sale are applied, the unpaid part of the amount may be recovered from the previous registered owner of the transfer lot as a debt owing to the State.\n(sec.22-ssec.8) The Property Law Act 1974 does not apply to the exercise of the chief executive’s powers under this section.\n(sec.22-ssec.9) In this section— encumbrance — includes any of the following affecting land— a mortgage, lien or charge; a caveat; an agreement; a judgment, writ or process; an interest adverse to the interest of the land’s owner; but does not include an easement. previous registered owner , of a transfer lot sold under this section, means the person who was the registered owner of the lot immediately before its sale.\n- (a) firstly, in payment of all costs, charges and expenses properly incurred by the chief executive in the sale or a previous attempted sale of the transfer lot;\n- (b) secondly, in payment of the demand amount to the chief executive;\n- (c) thirdly, in payment of any amount owing to a mortgagee or, if there is more than 1 mortgagee, according to their priorities;\n- (d) lastly, in payment to the previous registered owner of the lot.\n- (a) includes any of the following affecting land— (i) a mortgage, lien or charge; (ii) a caveat; (iii) an agreement; (iv) a judgment, writ or process; (v) an interest adverse to the interest of the land’s owner; but\n- (i) a mortgage, lien or charge;\n- (ii) a caveat;\n- (iii) an agreement;\n- (iv) a judgment, writ or process;\n- (v) an interest adverse to the interest of the land’s owner; but\n- (b) does not include an easement.\n- (i) a mortgage, lien or charge;\n- (ii) a caveat;\n- (iii) an agreement;\n- (iv) a judgment, writ or process;\n- (v) an interest adverse to the interest of the land’s owner; but","sortOrder":25},{"sectionNumber":"sec.23","sectionType":"section","heading":"Priority of local government charge preserved","content":"### sec.23 Priority of local government charge preserved\n\nThis section applies if—\nthe chief executive intends to sell a transfer lot under section 22 ; and\nthe lot is subject to a charge for an overdue rate under the Local Government Act 2009 .\nThe chief executive must, before selling the transfer lot, give written notice to the local government to which the rate is payable stating the chief executive’s intention to sell the lot.\nThe chief executive may sell the transfer lot only—\nsubject to the charge; or\nfree of the charge to the extent, and subject to any conditions, agreed by the local government to which the rate is payable.\ns 23 amd 2009 No. 17 s 331 sch 1\n(sec.23-ssec.1) This section applies if— the chief executive intends to sell a transfer lot under section 22 ; and the lot is subject to a charge for an overdue rate under the Local Government Act 2009 .\n(sec.23-ssec.2) The chief executive must, before selling the transfer lot, give written notice to the local government to which the rate is payable stating the chief executive’s intention to sell the lot.\n(sec.23-ssec.3) The chief executive may sell the transfer lot only— subject to the charge; or free of the charge to the extent, and subject to any conditions, agreed by the local government to which the rate is payable.\n- (a) the chief executive intends to sell a transfer lot under section 22 ; and\n- (b) the lot is subject to a charge for an overdue rate under the Local Government Act 2009 .\n- (a) subject to the charge; or\n- (b) free of the charge to the extent, and subject to any conditions, agreed by the local government to which the rate is payable.","sortOrder":26},{"sectionNumber":"sec.24","sectionType":"section","heading":"Chief executive’s charge not affected by mortgagee sale","content":"### sec.24 Chief executive’s charge not affected by mortgagee sale\n\nThis section applies if—\na transfer lot vests in the first owner subject to the chief executive’s charge; and\na mortgagee exercising the power of sale under the Land Title Act sells the lot before the chief executive’s charge is released under this part.\nThe chief executive’s charge is not released by the sale and the transfer lot is transferred to the purchaser subject to the charge.\nThis section applies despite the Property Law Act 1974 , section 86 .\n(sec.24-ssec.1) This section applies if— a transfer lot vests in the first owner subject to the chief executive’s charge; and a mortgagee exercising the power of sale under the Land Title Act sells the lot before the chief executive’s charge is released under this part.\n(sec.24-ssec.2) The chief executive’s charge is not released by the sale and the transfer lot is transferred to the purchaser subject to the charge.\n(sec.24-ssec.3) This section applies despite the Property Law Act 1974 , section 86 .\n- (a) a transfer lot vests in the first owner subject to the chief executive’s charge; and\n- (b) a mortgagee exercising the power of sale under the Land Title Act sells the lot before the chief executive’s charge is released under this part.","sortOrder":27},{"sectionNumber":"sec.25","sectionType":"section","heading":"No compensation","content":"### sec.25 No compensation\n\nCompensation is not payable for any action taken by the chief executive or the registrar of titles under this part.","sortOrder":28},{"sectionNumber":"pt.5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":29},{"sectionNumber":"sec.26","sectionType":"section","heading":"Particular proceedings not affected by cancellation of shopping centre leases","content":"### sec.26 Particular proceedings not affected by cancellation of shopping centre leases\n\nThis section applies if shopping centre leases SHPTL 1803 and SHPTL 1252 (the relevant leases ) are cancelled under section 15 (1) (a) .\nIf the easement proceeding is not finished before the conversion day, the proceeding may be continued, and the Supreme Court may make an easement order, as if the relevant leases had not been cancelled.\nSubsection (2) —\ndoes not limit the orders that may be made by the court; and\napplies despite section 15 .\nSubsection (5) applies if—\nan easement order is made by the Supreme Court; and\nthe relevant easement is not registered before the conversion day; and\nthe following approvals in relation to registration of the relevant easement have been obtained—\nthe written approval of the Minister administering the Land Act 1994 ;\nif the Supreme Court considers any other approval in relation to the easement is necessary to give effect to SHPTL 1803—any approval required to comply with an order of the court; and\nthe relevant easement would have been capable of registration under the Land Act 1994 had the relevant leases not been cancelled.\nThe relevant easement must be registered under the Land Title Act as if the easement had been granted over lot 20 of the principal scheme in favour of lot 21 of the principal scheme.\nIn this section—\neasement order means an order requiring the lessee of SHPTL 1803 to grant an easement over part of the land contained in the lease in favour of the lessee of SHPTL 1252.\neasement proceeding means the proceeding started in the Supreme Court in 2004 by the lessee of SHPTL 1252 against the lessee of SHPTL 1803 seeking an easement over, or a statutory right of user in respect of, part of the land contained in SHPTL 1803.\nrelevant easement means an easement granted in compliance with an easement order.\n(sec.26-ssec.1) This section applies if shopping centre leases SHPTL 1803 and SHPTL 1252 (the relevant leases ) are cancelled under section 15 (1) (a) .\n(sec.26-ssec.2) If the easement proceeding is not finished before the conversion day, the proceeding may be continued, and the Supreme Court may make an easement order, as if the relevant leases had not been cancelled.\n(sec.26-ssec.3) Subsection (2) — does not limit the orders that may be made by the court; and applies despite section 15 .\n(sec.26-ssec.4) Subsection (5) applies if— an easement order is made by the Supreme Court; and the relevant easement is not registered before the conversion day; and the following approvals in relation to registration of the relevant easement have been obtained— the written approval of the Minister administering the Land Act 1994 ; if the Supreme Court considers any other approval in relation to the easement is necessary to give effect to SHPTL 1803—any approval required to comply with an order of the court; and the relevant easement would have been capable of registration under the Land Act 1994 had the relevant leases not been cancelled.\n(sec.26-ssec.5) The relevant easement must be registered under the Land Title Act as if the easement had been granted over lot 20 of the principal scheme in favour of lot 21 of the principal scheme.\n(sec.26-ssec.6) In this section— easement order means an order requiring the lessee of SHPTL 1803 to grant an easement over part of the land contained in the lease in favour of the lessee of SHPTL 1252. easement proceeding means the proceeding started in the Supreme Court in 2004 by the lessee of SHPTL 1252 against the lessee of SHPTL 1803 seeking an easement over, or a statutory right of user in respect of, part of the land contained in SHPTL 1803. relevant easement means an easement granted in compliance with an easement order.\n- (a) does not limit the orders that may be made by the court; and\n- (b) applies despite section 15 .\n- (a) an easement order is made by the Supreme Court; and\n- (b) the relevant easement is not registered before the conversion day; and\n- (c) the following approvals in relation to registration of the relevant easement have been obtained— (i) the written approval of the Minister administering the Land Act 1994 ; (ii) if the Supreme Court considers any other approval in relation to the easement is necessary to give effect to SHPTL 1803—any approval required to comply with an order of the court; and\n- (i) the written approval of the Minister administering the Land Act 1994 ;\n- (ii) if the Supreme Court considers any other approval in relation to the easement is necessary to give effect to SHPTL 1803—any approval required to comply with an order of the court; and\n- (d) the relevant easement would have been capable of registration under the Land Act 1994 had the relevant leases not been cancelled.\n- (i) the written approval of the Minister administering the Land Act 1994 ;\n- (ii) if the Supreme Court considers any other approval in relation to the easement is necessary to give effect to SHPTL 1803—any approval required to comply with an order of the court; and","sortOrder":30},{"sectionNumber":"sec.27","sectionType":"section","heading":"Accepted development","content":"### sec.27 Accepted development\n\nThis section applies if development under this Act would, other than for subsection (2) , be prohibited development or assessable development under the Planning Act 2016 .\nThe development is taken to be accepted development for the Planning Act 2016 .\nIn this section—\ndevelopment see the Planning Act 2016 , schedule 2 .\ns 27 amd 2009 No. 36 s 872 sch 2\nsub 2016 No. 27 s 267\n(sec.27-ssec.1) This section applies if development under this Act would, other than for subsection (2) , be prohibited development or assessable development under the Planning Act 2016 .\n(sec.27-ssec.2) The development is taken to be accepted development for the Planning Act 2016 .\n(sec.27-ssec.3) In this section— development see the Planning Act 2016 , schedule 2 .","sortOrder":31},{"sectionNumber":"sec.28","sectionType":"section","heading":"Provision for survey plan if particular access easement created","content":"### sec.28 Provision for survey plan if particular access easement created\n\nThis section applies if the Land Title Act , section 83 (2) , would, if subsection (2) did not apply, require a plan of survey prepared for this Act to be approved by the Brisbane City Council.\nThe Brisbane City Council is taken to have approved the plan of survey.\n(sec.28-ssec.1) This section applies if the Land Title Act , section 83 (2) , would, if subsection (2) did not apply, require a plan of survey prepared for this Act to be approved by the Brisbane City Council.\n(sec.28-ssec.2) The Brisbane City Council is taken to have approved the plan of survey.","sortOrder":32},{"sectionNumber":"sec.29","sectionType":"section","heading":"Notice of change of ownership of transfer lot","content":"### sec.29 Notice of change of ownership of transfer lot\n\nThe Land Valuation Act 2010 , section 245 , does not apply in relation to the acquisition by the first owner, or the disposal by the State, of a transfer lot.\nAs soon as practicable after receiving the relevant information from the first owner, the chief executive must give the information to the valuer-general.\nIn this section—\nrelevant information means information in, or to the effect of, the approved form for the Land Valuation Act 2010 , section 245 .\ns 29 amd 2010 No. 39 s 325 sch 1 pt 2\n(sec.29-ssec.1) The Land Valuation Act 2010 , section 245 , does not apply in relation to the acquisition by the first owner, or the disposal by the State, of a transfer lot.\n(sec.29-ssec.2) As soon as practicable after receiving the relevant information from the first owner, the chief executive must give the information to the valuer-general.\n(sec.29-ssec.3) In this section— relevant information means information in, or to the effect of, the approved form for the Land Valuation Act 2010 , section 245 .","sortOrder":33},{"sectionNumber":"sec.30","sectionType":"section","heading":"Payment of costs—adjustment of lot entitlement schedule for subsidiary scheme","content":"### sec.30 Payment of costs—adjustment of lot entitlement schedule for subsidiary scheme\n\nThis section applies if—\nthe first owner of a transfer lot included in the subsidiary scheme applies, within 3 months after the conversion day, under the BCCM Act , chapter 6 , to the commissioner for an adjustment of the lot entitlement schedule for the scheme; and\nthe application is dealt with by specialist adjudication under the BCCM Act , chapter 6 , part 8 .\nThe chief executive is responsible for the costs of the adjudication.\nIf the application is made before the commencement of the Body Corporate and Community Management and Other Legislation Amendment Act 2007 , section 50 (the commencement ), subsection (2) applies despite the BCCM Act , section 280 as in force immediately before the commencement.\nIf the application is made after the commencement, subsection (2) applies despite the BCCM Act , section 264 as in force after the commencement.\nIn this section—\ncommissioner means the commissioner for body corporate and community management under the BCCM Act .\ns 30 amd 2007 No. 11 s 76\n(sec.30-ssec.1) This section applies if— the first owner of a transfer lot included in the subsidiary scheme applies, within 3 months after the conversion day, under the BCCM Act , chapter 6 , to the commissioner for an adjustment of the lot entitlement schedule for the scheme; and the application is dealt with by specialist adjudication under the BCCM Act , chapter 6 , part 8 .\n(sec.30-ssec.2) The chief executive is responsible for the costs of the adjudication.\n(sec.30-ssec.3) If the application is made before the commencement of the Body Corporate and Community Management and Other Legislation Amendment Act 2007 , section 50 (the commencement ), subsection (2) applies despite the BCCM Act , section 280 as in force immediately before the commencement.\n(sec.30-ssec.4) If the application is made after the commencement, subsection (2) applies despite the BCCM Act , section 264 as in force after the commencement.\n(sec.30-ssec.5) In this section— commissioner means the commissioner for body corporate and community management under the BCCM Act .\n- (a) the first owner of a transfer lot included in the subsidiary scheme applies, within 3 months after the conversion day, under the BCCM Act , chapter 6 , to the commissioner for an adjustment of the lot entitlement schedule for the scheme; and\n- (b) the application is dealt with by specialist adjudication under the BCCM Act , chapter 6 , part 8 .","sortOrder":34}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act remains narrowly focused on converting the identified Inala Shopping Centre land from State leases to freehold within two community titles schemes, and on the administrative, registration and enforcement mechanics required to achieve that conversion (preparation of plans, notices, payment and charging mechanisms, vesting rules). Subsequent amendments reflected in the text (references to later Acts and regulatory adjustments) provide clarifications, fee waivers and procedural detail but do not materially broaden the Act’s original subject‑matter beyond its purpose of freeholding and establishing the specified community titles schemes."},"complexity_factors":["Multiple cross‑references to other Acts (Land Act 1994; Land Title Act; BCCM Act; Valuation of Land Act 1944; Duties Act 2001; Planning Act 2016; Local Government Act 2009; Property Law Act 1974) increasing interpretive dependencies","Conditional commencements with staggered start dates (s 2)","Schedules containing plan and lot designations and a dictionary (s 4; schedule references throughout) requiring spatial and defined‑term cross‑checks","Numerous procedural steps allocated to the chief executive (ss 8–13, 18) with time limits and approved‑form requirements","Complex charge and enforcement regime with multiple steps: automatic creation of a charge, notice requirements, interest formula referencing RBA rate, sale mechanics, priority rules and recovery of shortfalls (ss 19–22, 23, 24)","Exceptions and preserved rights: preservation of subleases and unregistered documents (s 15); State immunity as original owner (s 12); continuation of particular court proceedings and specialized easement registration rules (s 26)","Multiple fee waivers and special recording instructions (no fee for certain registrations/releases: ss 8(4), 18(3), 21(6))","Nested mapping requirements: survey plan must \"generally correspond\" with plans in schedules and separate principal and subsidiary subdivision plans must be created (ss 8–9)","Specific co‑ownership rule applying differently to one lot (lot 3 of subsidiary scheme) requiring pre‑conversion notice to the chief executive (s 17)"],"plain_english_summary":"**What this Act does (mechanically)**\n\n- Converts a defined area of State land used for the Inala Shopping Centre into freehold lots and creates two community titles schemes (a \"principal\" and a \"subsidiary\" scheme) by preparing and registering survey and subdivision plans and lodging the first community management statements (see ss 5–11, 8–10).\n\n- Permanently closes any parts of that land that are public roads and makes them unallocated State land on commencement (s 6).\n\n- Requires the Governor in Council to issue deeds of grant to the State for the shopping‑centre land and the excluded land, generally free of earlier interests (s 7). The State then proceeds to make the subdivision and community‑titles arrangements under the Land Act and Land Title Act (ss 7–9, 18).\n\n- Treats the community titles schemes as established on the “conversion day” (the date the conversions take effect) and preserves certain easements and procedural approvals in relation to the schemes (ss 11, 9(4)–(5)).\n\n- Cancels specified existing shopping centre leases on the conversion day and vests the identified lots (\"transfer lots\") in the persons who were the lessees immediately before conversion (ss 15–17). Subleases and other existing interests are preserved and taken to apply to the newly vested lots (s 15(4)).\n\n- Requires lessees who will become first owners to pay a conversion cost before the conversion day. The conversion cost is made up of: (a) an \"unimproved value amount\" (derived from the unimproved value in the lease as at 30 June 2003); (b) any GST payable on the vesting; and (c) any transfer duty payable on the vesting (s 14). Failure to pay or supply required information attracts a small penalty (5 penalty units) and enforcement provisions apply (s 14; ss 19–22).\n\n- If a first owner does not pay the conversion cost before the conversion day, a charging interest in favour of the chief executive (the \"chief executive’s charge\") automatically attaches to the lot to secure payment; the charge binds successors in title (s 19).\n\n- Sets out an enforcement path if the conversion cost remains unpaid: the chief executive must give a notice of intention to sell to the registered owner and mortgagees (s 20), interest on unpaid amounts is calculated at the Reserve Bank official cash rate plus 2% (s 20(6)), and the chief executive may sell the lot by auction or private contract and apply sale proceeds in a specified order (s 22). If a shortfall remains after sale, it can be recovered from the previous registered owner as a debt to the State (s 22(7)).\n\n- Preserves priority for local government rate charges: before selling, the chief executive must notify the relevant council and may only sell subject to or free of a rates charge with the council’s agreement (s 23).\n\n- Provides that a mortgagee sale does not discharge the State’s chief executive’s charge; the lot transfers to the mortgagee’s purchaser subject to the State’s charge (s 24).\n\n- Limits certain liabilities and procedural requirements of the State when acting as the \"original owner\" of the schemes (e.g. the State cannot be prosecuted under the BCCM Act for non‑compliance in that role; s 12), and waives some fees for registration and release of the chief executive’s charge (ss 8(4), 18(3), 21(6)).\n\n- Preserves particular court proceedings about easements that were started before conversion and provides for their continuation and registration if the court so orders (s 26).\n\n- Treats development under this Act as \"accepted development\" for planning law purposes in Queensland (s 27).\n\n**Who is affected**\n\n- Lessees of the named shopping centre leases who will become the first owners of the transfer lots: they must pay conversion costs, provide specified information, and will receive freehold lots subject to any chief executive’s charge if they do not pay (ss 13–15, 14, 19).\n\n- The State (via the chief executive and the department administering land): it arranges surveys and registrations, issues conversion notices and tax invoices, may create easements, holds charging security where conversion costs are unpaid, and may sell lots to recover unpaid amounts (ss 7–10, 13–22).\n\n- Mortgagees and prospective purchasers: mortgagees are notified and their priorities are recognised in the sale‑proceeds distribution, but a mortgagee sale does not extinguish the chief executive’s charge (ss 20–24).\n\n- Brisbane City Council and the valuer‑general: the Act treats certain approvals and endorsement processes as already given (s 9(4), s 10(2), s 28) and requires the chief executive to pass acquisition/disposal information to the valuer‑general (s 29).\n\n**Why it matters (official purpose and practical effects)**\n\n- Official purpose-claim: the Act converts specified State‑leased shopping‑centre land into freehold lots and establishes community titles schemes so lessees can become freehold owners (see pt 2–4). That mechanical change alters ownership form, land registers, and the statutory framework that applies (freehold + BCCM) instead of long State leases.\n\n- Practical effects and trade‑offs: \n  - Who pays: costs of conversion fall primarily on the lessees who become owners (the \"first owners\") in the form of the conversion cost (s 14). The conversion cost includes a historical unimproved value component keyed to the valuation in the lease as at 30 June 2003 (s 14(3)). The department pays certain registration fees and may cover adjudication costs for entitlement disputes in the subsidiary scheme (ss 18(3), 30).\n  - Incentives and private behaviour: lessees are incentivised to provide the required information and to pay before conversion to avoid a charging interest and possible forced sale (ss 13–15, 19–22). Mortgagees may need to manage added State charges attached to title after conversion (ss 19, 24). Some private interests and subleases are preserved on vesting (s 15(4)), minimising abrupt termination of pre‑existing arrangements.\n  - Bureaucratic discretion and implementation risk: the chief executive has multiple administrative roles and discretions—preparing and lodging plans, issuing notices and invoices, deciding whether to sell lots to recover unpaid conversion costs, and recording and releasing charges (ss 8–13, 18–22). Implementation risk arises from the need to reconcile historical valuations, calculate GST and duties at vesting, and correctly record interests on title.\n  - Compliance burden: affected lessees must supply valuation and identity information in approved forms and meet time limits (s 13–14). Failure to provide information or pay attracts a penalty and possible registration of a State charge (s 14; ss 19–22).\n  - Distribution of benefits and costs: the main benefit (acquisition of freehold title) is concentrated among named lessees; the costs (conversion cost, compliance) are concentrated on the same group. The State assumes certain administrative and transactional costs and gains the power to secure unpaid conversion costs by charge (ss 7, 8, 18–21).\n\n**Key implementation details to watch**\n\n- Timing: most of the Act commences on proclamation; some provisions commence one year after part 2 (s 2).\n- The unimproved value amount is fixed by reference to a past valuation (30 June 2003), which may differ materially from current market value (s 14(3)).\n- Interest on unpaid conversion costs is tied to the Reserve Bank official cash rate + 2% and calculated daily from the day after conversion until payment (s 20(6)).\n- The chief executive’s charge binds successors and is enforceable through sale; a mortgagee sale does not defeat the charge (ss 19, 24). Local government rates charges retain priority unless the council agrees otherwise (s 23).\n\n**Sections to read first for operational steps**: s 13 (notice and invoice to lessees), s 14 (conversion cost and obligations), s 15 (cancellation of leases and vesting), s 19–22 (creation and enforcement of State charge), s 18 (recording the conversions)."},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act is tightly scoped to its original purpose: converting a specific shopping centre in Inala, Queensland from Crown leasehold to private freehold ownership through a community titles scheme structure. There is no evidence of scope creep — all provisions are directly related to this single land conversion transaction. Some amendments updated cross-references to other legislation (e.g., Planning Act 2016 replacing predecessor Acts) but did not expand the Act's substantive reach."},"complexity_factors":["Multiple interacting pieces of legislation referenced simultaneously (Land Act 1994, Land Title Act, BCCM Act, Duties Act 2001, Housing Act 2003, Valuation of Land Act 1944, Local Government Act 2009, Property Law Act 1974, Planning Act 2016, Land Valuation Act 2010)","Layered community titles scheme structure with a principal scheme and subsidiary scheme creating nested ownership arrangements","Complex transitional mechanics — land must move through several legal states (unallocated State land → deed of grant → survey lot → community titles lot) before final vesting","Site-specific and highly technical land law concepts (fee simple, indefeasible title, unallocated State land, co-ownership interests, lot entitlement schedules)","Enforcement mechanism involving a government charge that survives mortgagee sales and runs with the land — departs from standard property law defaults","Special provisions for co-ownership scenarios, unregistered documents, subleases, and pre-existing Supreme Court proceedings","Multiple deemed approvals overriding normal regulatory processes (Brisbane City Council approvals, planning approvals)","Staggered commencement dates creating a need to track which provisions are in force at any given time","Financial calculation for conversion cost involves multiple components (unimproved value, GST, transfer duty) and interest accrual provisions","Has been amended multiple times since enactment, with some provisions varying in application depending on which version of the BCCM Act was in force"],"plain_english_summary":"This Act converts Inala Shopping Centre from government‑leased land into private freehold: existing government shopping‑centre leases are cancelled and lessees become first owners of their individual lots. A statutory conversion process issues new titles, requires each lessee to pay a prescribed conversion cost (or face a government charge and possible forced sale), and deems planning approvals given. It affects shop tenants, mortgagees, the State and Brisbane City Council and shifts tenants into outright property ownership."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: converting the specific Inala Shopping Centre from leasehold to freehold community title. While it contains detailed machinery provisions for enforcement and payment, these are ancillary to the core conversion purpose. The references to specific lease numbers (SHPTL series) and survey plans confirm this is a single-purpose statute without scope creep."},"complexity_factors":["Multiple overlapping legislative schemes: integrates Land Act 1994, Land Title Act, BCCM Act (Body Corporate and Community Management), Housing Act 2003, Duties Act 2001, and Local Government Act 2009","Staged commencement: different parts commence at different times (immediate vs 1 year after Part 2)","Specific reference to numbered survey plans (SP169871, SP169873) and individual lease numbers (SHPTL 1201, SHPTL 1803, SHPTL 1252)","Nested conditional logic: vesting of lots depends on whether leases are 'in force', whether there are subleases, and specific co-ownership rules for lot 3","Cross-references to schedules (Schedules 1-5) not provided in the text, which contain critical plan details and lease-to-lot mappings","Exception to exception structure: section 11(4) creates an exception to the easement creation in 11(3) where leases prevail","Special enforcement mechanism: creates a statutory 'chief executive's charge' with powers of sale, priority rules, and interaction with mortgagee sales","Transitional provisions preserving specific Supreme Court proceedings (section 26) and dealing with amendments to other Acts over time (sections 27, 29, 30)"],"plain_english_summary":"This legislation converts the Inala Shopping Centre in Queensland from leasehold land (land owned by the State that people rent) to freehold land (land that people can own outright).\n\n**What it does:**\n- **Closes a public road** running through the shopping centre and converts that land to State land.\n- **Cancels existing leases** that shop owners and businesses held with the State.\n- **Creates a community titles scheme** (a legal structure for shared property ownership, like a strata title) dividing the shopping centre into individual lots that can be owned separately.\n- **Transfers ownership** of these lots directly to the former leaseholders (the people who were renting the land), turning them into freehold owners.\n- **Charges conversion costs** to the new owners, including the unimproved value of the land, GST, and stamp duty (transfer duty). If they don't pay, the State can place a charge on their property and potentially sell it to recover the debt.\n\n**Who it affects:**\n- **Shop owners and businesses** at the Inala Shopping Centre who previously held leases from the State (called \"shopping centre leases\").\n- **The Queensland Government**, which administers the conversion and issues new title deeds.\n- **Local government** (Brisbane City Council), which is bypassed for certain approvals.\n\n**Why it matters:**\nThis allows long-term leaseholders to become outright owners of their shop lots, giving them full property rights they can sell, mortgage, or pass on. It modernises the land tenure system for this specific shopping centre, moving it from old-style State leases to modern freehold community title ownership. However, it also imposes significant costs on the new owners and gives the State strong powers to enforce payment, including forced sale of the property if debts aren't paid."}},"importantCases":[],"_links":{"self":"/api/acts/inala-shopping-centre-freeholding-act-2006","history":"/api/acts/inala-shopping-centre-freeholding-act-2006/history","analysis":"/api/acts/inala-shopping-centre-freeholding-act-2006/analysis","conflicts":"/api/acts/inala-shopping-centre-freeholding-act-2006/conflicts","importantCases":"/api/acts/inala-shopping-centre-freeholding-act-2006/important-cases","documents":"/api/acts/inala-shopping-centre-freeholding-act-2006/documents"}}