{"id":"qld:act-1993-021","name":"Mixed Use Development Act 1993","slug":"mixed-use-development-act-1993","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"21 of 1993","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104778,"registerId":"qld-act-1993-021-current","compilationNumber":null,"startDate":"2026-04-03","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 Mixed Use Development Act 1993 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 5 defines particular words used in this Act.\ns 3 amd 2011 No. 27 s 292 (1) – (2) , (4)\nNote—s 3 contained definitions for this Act. Definitions are now located in schedule 5 (Dictionary). Annotations for definitions previously contained in s 3 are located in annotations for sch 5.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Words and expressions used in Building Units and Group Titles Act","content":"### sec.4 Words and expressions used in Building Units and Group Titles Act\n\nUnless the contrary intention appears, words and expressions used in the Building Units and Group Titles Act 1980 have the same respective meanings in this Act.","sortOrder":4},{"sectionNumber":"sec.4A","sectionType":"section","heading":"References to standard module","content":"### sec.4A References to standard module\n\nIn this Act, the information included in square brackets after a section heading is a reference to a similar section of the Body Corporate and Community Management (Standard Module) Regulation 2008 .\nThe brackets and information do not form part of this Act.\ns 4A ins 2011 No. 27 s 293\n(sec.4A-ssec.1) In this Act, the information included in square brackets after a section heading is a reference to a similar section of the Body Corporate and Community Management (Standard Module) Regulation 2008 .\n(sec.4A-ssec.2) The brackets and information do not form part of this Act.","sortOrder":5},{"sectionNumber":"pt.2","sectionType":"part","heading":"Basic concepts","content":"# Basic concepts","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Purpose of this part","content":"### sec.5 Purpose of this part\n\nThe purpose of this part is to assist in the understanding of this Act.\nThe part sets out some of the concepts that are important for an understanding of this Act.\n(sec.5-ssec.1) The purpose of this part is to assist in the understanding of this Act.\n(sec.5-ssec.2) The part sets out some of the concepts that are important for an understanding of this Act.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Mixed use scheme","content":"### sec.6 Mixed use scheme\n\nA mixed use scheme is a scheme that, if approved—\nwill allow the development of land that consists of 2 or more different classes of uses; and\nwill relate to property that is to be shared by some or all owners and occupiers of lots within the site of the development.\nAn approved mixed use scheme will allow the development and subdivision of land in a way not otherwise permitted by law.\n(sec.6-ssec.1) A mixed use scheme is a scheme that, if approved— will allow the development of land that consists of 2 or more different classes of uses; and will relate to property that is to be shared by some or all owners and occupiers of lots within the site of the development.\n(sec.6-ssec.2) An approved mixed use scheme will allow the development and subdivision of land in a way not otherwise permitted by law.\n- (a) will allow the development of land that consists of 2 or more different classes of uses; and\n- (b) will relate to property that is to be shared by some or all owners and occupiers of lots within the site of the development.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Types of development suitable for a mixed use scheme","content":"### sec.7 Types of development suitable for a mixed use scheme\n\nApproval of a mixed use scheme may be sought in relation to different types of developments or proposed developments of land.\nFor example, an industrial site, an inner city site or a site for a tourist complex may be developed or redeveloped under a mixed use scheme.\nA site for a single building or a site on which there is already a single building, in certain circumstances, may be able to be developed or redeveloped under a mixed use scheme.\n(sec.7-ssec.1) Approval of a mixed use scheme may be sought in relation to different types of developments or proposed developments of land.\n(sec.7-ssec.2) For example, an industrial site, an inner city site or a site for a tourist complex may be developed or redeveloped under a mixed use scheme.\n(sec.7-ssec.3) A site for a single building or a site on which there is already a single building, in certain circumstances, may be able to be developed or redeveloped under a mixed use scheme.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Proposed uses of mixed use scheme to be consistent with the planning scheme","content":"### sec.8 Proposed uses of mixed use scheme to be consistent with the planning scheme\n\nA mixed use scheme may be approved only if the uses under the scheme are consistent with the planning scheme for the proposed site.\nIf a proposed use is inconsistent with the planning scheme for the site, an application to amend the planning scheme to enable the use to be lawfully established may be given to the relevant local government with the application for approval of the mixed use scheme.\ns 8 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.8-ssec.1) A mixed use scheme may be approved only if the uses under the scheme are consistent with the planning scheme for the proposed site.\n(sec.8-ssec.2) If a proposed use is inconsistent with the planning scheme for the site, an application to amend the planning scheme to enable the use to be lawfully established may be given to the relevant local government with the application for approval of the mixed use scheme.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"The site","content":"### sec.9 The site\n\nThe site of a mixed use scheme consists of the land within the boundaries of an approved mixed use scheme.","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Future development area","content":"### sec.10 Future development area\n\nAn application for approval of a mixed use scheme may identify an area in relation to which development is planned for the future.\nThe area identified is called a future development area.\nA provisional approval may be granted in relation to the area and an application for its inclusion in the site of the mixed use scheme may be made at a later stage.\n(sec.10-ssec.1) An application for approval of a mixed use scheme may identify an area in relation to which development is planned for the future.\n(sec.10-ssec.2) The area identified is called a future development area.\n(sec.10-ssec.3) A provisional approval may be granted in relation to the area and an application for its inclusion in the site of the mixed use scheme may be made at a later stage.","sortOrder":12},{"sectionNumber":"sec.11","sectionType":"section","heading":"First subdivision of the site","content":"### sec.11 First subdivision of the site\n\nThe first subdivision of the site is by a plan called a community plan.\nThis plan must subdivide the whole site.\n(sec.11-ssec.1) The first subdivision of the site is by a plan called a community plan.\n(sec.11-ssec.2) This plan must subdivide the whole site.","sortOrder":13},{"sectionNumber":"sec.12","sectionType":"section","heading":"The community plan","content":"### sec.12 The community plan\n\nThe community plan—\nis a plan that subdivides the site into lots; or\ncomprises a number of plans that subdivide the site into lots.\nThese lots are called community development lots and community property lots.\nThere must be—\nat least 1 community development lot; and\nat least 1 community property lot.\n(sec.12-ssec.1) The community plan— is a plan that subdivides the site into lots; or comprises a number of plans that subdivide the site into lots.\n(sec.12-ssec.2) These lots are called community development lots and community property lots.\n(sec.12-ssec.3) There must be— at least 1 community development lot; and at least 1 community property lot.\n- (a) is a plan that subdivides the site into lots; or\n- (b) comprises a number of plans that subdivide the site into lots.\n- (a) at least 1 community development lot; and\n- (b) at least 1 community property lot.","sortOrder":14},{"sectionNumber":"sec.13","sectionType":"section","heading":"Community development lots","content":"### sec.13 Community development lots\n\nA community development lot is initially owned by the person that owned the land subdivided by the community plan.\nA community development lot may be further developed under the mixed use scheme.\n(sec.13-ssec.1) A community development lot is initially owned by the person that owned the land subdivided by the community plan.\n(sec.13-ssec.2) A community development lot may be further developed under the mixed use scheme.","sortOrder":15},{"sectionNumber":"sec.14","sectionType":"section","heading":"Community property lots","content":"### sec.14 Community property lots\n\nCommunity property lots are shared by, and are property that is common to, owners of community development lots.\nCommunity property lots—\nusually provide access to the community development lots; but\nmay contain improvements.\n(sec.14-ssec.1) Community property lots are shared by, and are property that is common to, owners of community development lots.\n(sec.14-ssec.2) Community property lots— usually provide access to the community development lots; but may contain improvements.\n- (a) usually provide access to the community development lots; but\n- (b) may contain improvements.","sortOrder":16},{"sectionNumber":"sec.15","sectionType":"section","heading":"Community body corporate","content":"### sec.15 Community body corporate\n\nA body corporate is incorporated on registration of the community plan.\nThis body corporate is the community body corporate.\nThe community property lots are transferred to the community body corporate.\nThe community body corporate is responsible for, and may make by-laws in relation to, the ongoing management of the community property lots.\n(sec.15-ssec.1) A body corporate is incorporated on registration of the community plan.\n(sec.15-ssec.2) This body corporate is the community body corporate.\n(sec.15-ssec.3) The community property lots are transferred to the community body corporate.\n(sec.15-ssec.4) The community body corporate is responsible for, and may make by-laws in relation to, the ongoing management of the community property lots.","sortOrder":17},{"sectionNumber":"sec.16","sectionType":"section","heading":"Staged development","content":"### sec.16 Staged development\n\nIf a community development lot is to be developed in stages, it may be subdivided by a precinct plan.","sortOrder":18},{"sectionNumber":"sec.17","sectionType":"section","heading":"Precinct plan","content":"### sec.17 Precinct plan\n\nA precinct plan is a plan that subdivides a community development lot into lots.\nThese lots are called precinct development lots and precinct property lots.\nThere must be—\nat least 1 precinct development lot; and\nthe number of precinct property lots (if any) that is necessary to ensure access to precinct development lots.\nIf the precinct development lots and any precinct property lots do not comprise the whole of the community development lot, a further lot is also created.\nThis lot is called a balance precinct development lot.\n(sec.17-ssec.1) A precinct plan is a plan that subdivides a community development lot into lots.\n(sec.17-ssec.2) These lots are called precinct development lots and precinct property lots.\n(sec.17-ssec.3) There must be— at least 1 precinct development lot; and the number of precinct property lots (if any) that is necessary to ensure access to precinct development lots.\n(sec.17-ssec.4) If the precinct development lots and any precinct property lots do not comprise the whole of the community development lot, a further lot is also created.\n(sec.17-ssec.5) This lot is called a balance precinct development lot.\n- (a) at least 1 precinct development lot; and\n- (b) the number of precinct property lots (if any) that is necessary to ensure access to precinct development lots.","sortOrder":19},{"sectionNumber":"sec.18","sectionType":"section","heading":"Balance precinct development lots","content":"### sec.18 Balance precinct development lots\n\nA balance precinct development lot is initially owned by the person that owned the community development lot subdivided by the precinct plan.\nA balance precinct development lot may be subdivided by a further precinct plan as if it were a community development lot.\n(sec.18-ssec.1) A balance precinct development lot is initially owned by the person that owned the community development lot subdivided by the precinct plan.\n(sec.18-ssec.2) A balance precinct development lot may be subdivided by a further precinct plan as if it were a community development lot.","sortOrder":20},{"sectionNumber":"sec.19","sectionType":"section","heading":"Precinct development lots","content":"### sec.19 Precinct development lots\n\nA precinct development lot is initially owned by the person that owned the community development lot or balance precinct development lot subdivided by a precinct plan.","sortOrder":21},{"sectionNumber":"sec.20","sectionType":"section","heading":"Precinct property lots","content":"### sec.20 Precinct property lots\n\nPrecinct property lots are shared by, and are property that is common to, owners of precinct development lots.\nPrecinct property lots—\nusually provide access to the precinct development lots; but\nmay contain improvements.\n(sec.20-ssec.1) Precinct property lots are shared by, and are property that is common to, owners of precinct development lots.\n(sec.20-ssec.2) Precinct property lots— usually provide access to the precinct development lots; but may contain improvements.\n- (a) usually provide access to the precinct development lots; but\n- (b) may contain improvements.","sortOrder":22},{"sectionNumber":"sec.21","sectionType":"section","heading":"Precinct body corporate","content":"### sec.21 Precinct body corporate\n\nA body corporate is incorporated on registration of the first precinct plan subdividing a community development lot.\nThis body corporate is a precinct body corporate.\nThe precinct property lots created by a precinct plan are transferred to the precinct body corporate.\nThe precinct body corporate is responsible for, and may make by-laws in relation to, the ongoing management of the precinct property lots.\n(sec.21-ssec.1) A body corporate is incorporated on registration of the first precinct plan subdividing a community development lot.\n(sec.21-ssec.2) This body corporate is a precinct body corporate.\n(sec.21-ssec.3) The precinct property lots created by a precinct plan are transferred to the precinct body corporate.\n(sec.21-ssec.4) The precinct body corporate is responsible for, and may make by-laws in relation to, the ongoing management of the precinct property lots.","sortOrder":23},{"sectionNumber":"sec.22","sectionType":"section","heading":"Subdivision of community development lots and precinct development lots by group titles and building units plans","content":"### sec.22 Subdivision of community development lots and precinct development lots by group titles and building units plans\n\nA community development lot or precinct development lot may be subdivided by—\na group titles plan; or\na building units plan.\nA group titles plan that subdivides a community development lot or precinct development lot creates group title lots.\nA group title lot may be further subdivided by—\na group titles plan; or\na building units plan.\nIf a community development lot is subdivided by a group titles or building units plan, it may not then be subdivided by a precinct plan.\n(sec.22-ssec.1) A community development lot or precinct development lot may be subdivided by— a group titles plan; or a building units plan.\n(sec.22-ssec.2) A group titles plan that subdivides a community development lot or precinct development lot creates group title lots.\n(sec.22-ssec.3) A group title lot may be further subdivided by— a group titles plan; or a building units plan.\n(sec.22-ssec.4) If a community development lot is subdivided by a group titles or building units plan, it may not then be subdivided by a precinct plan.\n- (a) a group titles plan; or\n- (b) a building units plan.\n- (a) a group titles plan; or\n- (b) a building units plan.","sortOrder":24},{"sectionNumber":"sec.23","sectionType":"section","heading":"Stratum subdivision","content":"### sec.23 Stratum subdivision\n\nA community development lot, precinct development lot or balance precinct development lot may be subdivided by a stratum plan.\nA stratum plan that subdivides a community development lot creates community stratum lots.\nA stratum plan that subdivides a precinct development lot or balance precinct development lot creates precinct stratum lots.\nA community stratum lot or precinct stratum lot may be further subdivided by a building units plan.\nA stratum plan may be registered only if it is accompanied by a management statement.\nA management statement is a document that—\nregulates a building and its site; or\nis intended to regulate a proposed building and its site.\nThe management of the building and its site is the responsibility of a building management committee.\n(sec.23-ssec.1) A community development lot, precinct development lot or balance precinct development lot may be subdivided by a stratum plan.\n(sec.23-ssec.2) A stratum plan that subdivides a community development lot creates community stratum lots.\n(sec.23-ssec.3) A stratum plan that subdivides a precinct development lot or balance precinct development lot creates precinct stratum lots.\n(sec.23-ssec.4) A community stratum lot or precinct stratum lot may be further subdivided by a building units plan.\n(sec.23-ssec.5) A stratum plan may be registered only if it is accompanied by a management statement.\n(sec.23-ssec.6) A management statement is a document that— regulates a building and its site; or is intended to regulate a proposed building and its site.\n(sec.23-ssec.7) The management of the building and its site is the responsibility of a building management committee.\n- (a) regulates a building and its site; or\n- (b) is intended to regulate a proposed building and its site.","sortOrder":25},{"sectionNumber":"sec.24","sectionType":"section","heading":"Membership of community body corporate On subdivision of site by community plan","content":"### sec.24 Membership of community body corporate On subdivision of site by community plan\n\nOn registration of the community plan, the owners of the community development lots become members of the community body corporate.\nOn registration of a stratum plan subdividing a community development lot, the owners of the community stratum lots become members of the community body corporate in place of the owner of the community development lot.\nIf a community stratum lot is subdivided by a building units plan, the body corporate incorporated by registration of the building units plan becomes a member of the community body corporate in place of the owner of the community stratum lot.\nIf a community development lot is subdivided by a building units or group titles plan, the body corporate incorporated by registration of the plan becomes a member of the community body corporate in place of the owner of the community development lot.\nIf a community development lot is subdivided by a precinct plan, the precinct body corporate incorporated by registration of the plan becomes a member of the community body corporate in place of the owner of the community development lot.\n(sec.24-ssec.1) On registration of the community plan, the owners of the community development lots become members of the community body corporate.\n(sec.24-ssec.2) On registration of a stratum plan subdividing a community development lot, the owners of the community stratum lots become members of the community body corporate in place of the owner of the community development lot.\n(sec.24-ssec.3) If a community stratum lot is subdivided by a building units plan, the body corporate incorporated by registration of the building units plan becomes a member of the community body corporate in place of the owner of the community stratum lot.\n(sec.24-ssec.4) If a community development lot is subdivided by a building units or group titles plan, the body corporate incorporated by registration of the plan becomes a member of the community body corporate in place of the owner of the community development lot.\n(sec.24-ssec.5) If a community development lot is subdivided by a precinct plan, the precinct body corporate incorporated by registration of the plan becomes a member of the community body corporate in place of the owner of the community development lot.","sortOrder":26},{"sectionNumber":"sec.25","sectionType":"section","heading":"Membership of precinct body corporate","content":"### sec.25 Membership of precinct body corporate\n\nOn registration of a precinct plan, the owners of the precinct development lots and any balance precinct development lot become members of the precinct body corporate.\nOn registration of a stratum plan subdividing a precinct development lot, the owners of the precinct stratum lots become members of the precinct body corporate in place of the owner of the precinct development lot.\nIf a precinct stratum lot is subdivided by a building units plan, the body corporate incorporated by registration of the building units plan becomes a member of the precinct body corporate in place of the owner of the precinct stratum lot.\nIf a precinct development lot is subdivided by a building units or group titles plan, the body corporate incorporated by registration of the plan becomes a member of the precinct body corporate in place of the owner of the precinct development lot.\nIf a group title lot is subdivided by a building units plan, the owners of the building unit lots become members of the body corporate incorporated by registration of the group titles plan that created the group title lot.\nA further body corporate is not incorporated on subdivision of a group title lot by a building units plan.\n(sec.25-ssec.1) On registration of a precinct plan, the owners of the precinct development lots and any balance precinct development lot become members of the precinct body corporate.\n(sec.25-ssec.2) On registration of a stratum plan subdividing a precinct development lot, the owners of the precinct stratum lots become members of the precinct body corporate in place of the owner of the precinct development lot.\n(sec.25-ssec.3) If a precinct stratum lot is subdivided by a building units plan, the body corporate incorporated by registration of the building units plan becomes a member of the precinct body corporate in place of the owner of the precinct stratum lot.\n(sec.25-ssec.4) If a precinct development lot is subdivided by a building units or group titles plan, the body corporate incorporated by registration of the plan becomes a member of the precinct body corporate in place of the owner of the precinct development lot.\n(sec.25-ssec.5) If a group title lot is subdivided by a building units plan, the owners of the building unit lots become members of the body corporate incorporated by registration of the group titles plan that created the group title lot.\n(sec.25-ssec.6) A further body corporate is not incorporated on subdivision of a group title lot by a building units plan.","sortOrder":27},{"sectionNumber":"pt.3","sectionType":"part","heading":"Scheme of mixed use development","content":"# Scheme of mixed use development","sortOrder":28},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Approval of schemes","content":"## Approval of schemes","sortOrder":29},{"sectionNumber":"sec.26","sectionType":"section","heading":"Minimum requirements for approval of scheme","content":"### sec.26 Minimum requirements for approval of scheme\n\nA scheme may be approved under this Act only if it provides for at least—\na mixed use development; and\ncommunity property; and\nthe division of the site into precincts specifying—\nthe name of each precinct; and\ngenerally, the intended development of each precinct; and\nthe permitted uses of the land within each precinct.\nSubsection (1) does not limit the matters that may be included in the scheme.\n(sec.26-ssec.1) A scheme may be approved under this Act only if it provides for at least— a mixed use development; and community property; and the division of the site into precincts specifying— the name of each precinct; and generally, the intended development of each precinct; and the permitted uses of the land within each precinct.\n(sec.26-ssec.2) Subsection (1) does not limit the matters that may be included in the scheme.\n- (a) a mixed use development; and\n- (b) community property; and\n- (c) the division of the site into precincts specifying— (i) the name of each precinct; and (ii) generally, the intended development of each precinct; and (iii) the permitted uses of the land within each precinct.\n- (i) the name of each precinct; and\n- (ii) generally, the intended development of each precinct; and\n- (iii) the permitted uses of the land within each precinct.\n- (i) the name of each precinct; and\n- (ii) generally, the intended development of each precinct; and\n- (iii) the permitted uses of the land within each precinct.","sortOrder":30},{"sectionNumber":"sec.27","sectionType":"section","heading":"Land taken to be zoned for mixed use development","content":"### sec.27 Land taken to be zoned for mixed use development\n\nIf—\nland is proposed to be used for a mixed use development; and\nthe uses proposed for the mixed use development may be lawfully established—\non an as of right basis under the planning scheme that applies to the proposed site; or\nbecause a town planning consent permit exists;\nthe land is taken to be zoned for the mixed use development.\n- (a) land is proposed to be used for a mixed use development; and\n- (b) the uses proposed for the mixed use development may be lawfully established— (i) on an as of right basis under the planning scheme that applies to the proposed site; or (ii) because a town planning consent permit exists;\n- (i) on an as of right basis under the planning scheme that applies to the proposed site; or\n- (ii) because a town planning consent permit exists;\n- (i) on an as of right basis under the planning scheme that applies to the proposed site; or\n- (ii) because a town planning consent permit exists;","sortOrder":31},{"sectionNumber":"sec.28","sectionType":"section","heading":"Application for approval of scheme","content":"### sec.28 Application for approval of scheme\n\nAn application for approval of a scheme may be made to the relevant local government.\nHowever, on and from the commencement of this subsection, no further applications for approval may be made (other than an application that, under a provision of this Act other than this division, is required to be made under this division).\nExcept in relation to land intended to be freeholded, the application may be made only in relation to land that—\nis taken to be zoned for the mixed use development proposed; or\nif not taken to be zoned for the mixed use development proposed—is the subject of an application to amend a planning scheme under the Local Government (Planning and Environment) Act 1990 that, if approved, would allow the mixed use development.\nThe application must—\nbe in writing; and\nbe signed by the applicant; and\nbe in the form (if any) determined by the local government; and\nset out or be accompanied by the matters mentioned in subsection (4) .\nThe matters required by subsection (3) are—\nthe name of the proposed mixed use development; and\nthe name and address of the applicant; and\nthe address of—\nthe site; and\nany other land proposed to be used in conjunction with the mixed use development; and\nthe name and address of—\neach owner (other than the applicant) of land within the site; and\neach owner of any other land that is proposed to be used in conjunction with the mixed use development; and\nthe written consent of each owner mentioned in paragraph (d) to the inclusion of the owner’s land in the scheme, signed by the owner; and\nadvice that the land comprising the site is freehold land or is intended to be freeholded; and\ndetails of the existing and proposed form of tenure of any land outside the site that is proposed to be used as part of the scheme; and\ndetails of each matter for which approval is required, or that must be done, under another Act before approval of the scheme may be granted; and\ndetails of all agreements that relate to land within the site; and\nevidence of all—\nundertakings affecting the proposed development given by an interested person; and\ncontracts affecting the proposed development entered into between the applicant and another interested person; and\na schedule setting out the type and extent of development in each precinct; and\ndetails of any minimum lot sizes, height restrictions, building setback requirements, car parking requirements and other requirements that are proposed for the site; and\na schedule setting out the voting entitlements, and the way of calculating the voting entitlements, of members of the community body corporate; and\nthe proposed plan of development for the scheme.\nThe proposed plan of development must—\ninclude—\na site plan; and\na delineation of the site; and\nreal property descriptions and, if appropriate, metes and bounds descriptions; and\nidentify the location, and specify the area, of each of the proposed precincts; and\nspecify the name of each proposed precinct; and\nspecify the proposed uses to be permitted within each precinct; and\nidentify the staged use precincts proposed at the time; and\nidentify on the site plan the relationship between the site and any adjoining lands; and\nidentify any lands outside the site that are proposed to be used in conjunction with the establishment or operation of the proposed mixed use development; and\nidentify—\nthe proposed community property; and\nany community thoroughfare; and\nthe access points to the site from roads outside the site; and\nidentify the proposed roads and other proposed major engineering works within the site; and\nidentify existing easements and reserves; and\nidentify existing buildings; and\nidentify any watercourse lines, flood lines, storm surge levels, waterholes and similar features.\nIf the application relates to land that is taken to be zoned for the proposed mixed use development, a matter mentioned in subsection (4) is required to be set out in, or accompany, the application only if the applicant has not already given the relevant information or material to the local government.\nA matter mentioned in subsection (4) or (5) may be expressed in words or by way of words and a diagram.\nIn this section—\ninterested person means the applicant, the local government, the State, the Commonwealth or the provider of a public utility service.\ns 28 amd 1997 No. 28 s 295 sch 3 ; 1997 No. 78 s 93 ; 1999 No. 30 s 98 sch 3 pt 1\n(sec.28-ssec.1) An application for approval of a scheme may be made to the relevant local government.\n(sec.28-ssec.1A) However, on and from the commencement of this subsection, no further applications for approval may be made (other than an application that, under a provision of this Act other than this division, is required to be made under this division).\n(sec.28-ssec.2) Except in relation to land intended to be freeholded, the application may be made only in relation to land that— is taken to be zoned for the mixed use development proposed; or if not taken to be zoned for the mixed use development proposed—is the subject of an application to amend a planning scheme under the Local Government (Planning and Environment) Act 1990 that, if approved, would allow the mixed use development.\n(sec.28-ssec.3) The application must— be in writing; and be signed by the applicant; and be in the form (if any) determined by the local government; and set out or be accompanied by the matters mentioned in subsection (4) .\n(sec.28-ssec.4) The matters required by subsection (3) are— the name of the proposed mixed use development; and the name and address of the applicant; and the address of— the site; and any other land proposed to be used in conjunction with the mixed use development; and the name and address of— each owner (other than the applicant) of land within the site; and each owner of any other land that is proposed to be used in conjunction with the mixed use development; and the written consent of each owner mentioned in paragraph (d) to the inclusion of the owner’s land in the scheme, signed by the owner; and advice that the land comprising the site is freehold land or is intended to be freeholded; and details of the existing and proposed form of tenure of any land outside the site that is proposed to be used as part of the scheme; and details of each matter for which approval is required, or that must be done, under another Act before approval of the scheme may be granted; and details of all agreements that relate to land within the site; and evidence of all— undertakings affecting the proposed development given by an interested person; and contracts affecting the proposed development entered into between the applicant and another interested person; and a schedule setting out the type and extent of development in each precinct; and details of any minimum lot sizes, height restrictions, building setback requirements, car parking requirements and other requirements that are proposed for the site; and a schedule setting out the voting entitlements, and the way of calculating the voting entitlements, of members of the community body corporate; and the proposed plan of development for the scheme.\n(sec.28-ssec.5) The proposed plan of development must— include— a site plan; and a delineation of the site; and real property descriptions and, if appropriate, metes and bounds descriptions; and identify the location, and specify the area, of each of the proposed precincts; and specify the name of each proposed precinct; and specify the proposed uses to be permitted within each precinct; and identify the staged use precincts proposed at the time; and identify on the site plan the relationship between the site and any adjoining lands; and identify any lands outside the site that are proposed to be used in conjunction with the establishment or operation of the proposed mixed use development; and identify— the proposed community property; and any community thoroughfare; and the access points to the site from roads outside the site; and identify the proposed roads and other proposed major engineering works within the site; and identify existing easements and reserves; and identify existing buildings; and identify any watercourse lines, flood lines, storm surge levels, waterholes and similar features.\n(sec.28-ssec.6) If the application relates to land that is taken to be zoned for the proposed mixed use development, a matter mentioned in subsection (4) is required to be set out in, or accompany, the application only if the applicant has not already given the relevant information or material to the local government.\n(sec.28-ssec.7) A matter mentioned in subsection (4) or (5) may be expressed in words or by way of words and a diagram.\n(sec.28-ssec.8) In this section— interested person means the applicant, the local government, the State, the Commonwealth or the provider of a public utility service.\n- (a) is taken to be zoned for the mixed use development proposed; or\n- (b) if not taken to be zoned for the mixed use development proposed—is the subject of an application to amend a planning scheme under the Local Government (Planning and Environment) Act 1990 that, if approved, would allow the mixed use development.\n- (a) be in writing; and\n- (b) be signed by the applicant; and\n- (c) be in the form (if any) determined by the local government; and\n- (d) set out or be accompanied by the matters mentioned in subsection (4) .\n- (a) the name of the proposed mixed use development; and\n- (b) the name and address of the applicant; and\n- (c) the address of— (i) the site; and (ii) any other land proposed to be used in conjunction with the mixed use development; and\n- (i) the site; and\n- (ii) any other land proposed to be used in conjunction with the mixed use development; and\n- (d) the name and address of— (i) each owner (other than the applicant) of land within the site; and (ii) each owner of any other land that is proposed to be used in conjunction with the mixed use development; and\n- (i) each owner (other than the applicant) of land within the site; and\n- (ii) each owner of any other land that is proposed to be used in conjunction with the mixed use development; and\n- (e) the written consent of each owner mentioned in paragraph (d) to the inclusion of the owner’s land in the scheme, signed by the owner; and\n- (f) advice that the land comprising the site is freehold land or is intended to be freeholded; and\n- (g) details of the existing and proposed form of tenure of any land outside the site that is proposed to be used as part of the scheme; and\n- (h) details of each matter for which approval is required, or that must be done, under another Act before approval of the scheme may be granted; and\n- (i) details of all agreements that relate to land within the site; and\n- (j) evidence of all— (i) undertakings affecting the proposed development given by an interested person; and (ii) contracts affecting the proposed development entered into between the applicant and another interested person; and\n- (i) undertakings affecting the proposed development given by an interested person; and\n- (ii) contracts affecting the proposed development entered into between the applicant and another interested person; and\n- (k) a schedule setting out the type and extent of development in each precinct; and\n- (l) details of any minimum lot sizes, height restrictions, building setback requirements, car parking requirements and other requirements that are proposed for the site; and\n- (m) a schedule setting out the voting entitlements, and the way of calculating the voting entitlements, of members of the community body corporate; and\n- (n) the proposed plan of development for the scheme.\n- (i) the site; and\n- (ii) any other land proposed to be used in conjunction with the mixed use development; and\n- (i) each owner (other than the applicant) of land within the site; and\n- (ii) each owner of any other land that is proposed to be used in conjunction with the mixed use development; and\n- (i) undertakings affecting the proposed development given by an interested person; and\n- (ii) contracts affecting the proposed development entered into between the applicant and another interested person; and\n- (a) include— (i) a site plan; and (ii) a delineation of the site; and (iii) real property descriptions and, if appropriate, metes and bounds descriptions; and\n- (i) a site plan; and\n- (ii) a delineation of the site; and\n- (iii) real property descriptions and, if appropriate, metes and bounds descriptions; and\n- (b) identify the location, and specify the area, of each of the proposed precincts; and\n- (c) specify the name of each proposed precinct; and\n- (d) specify the proposed uses to be permitted within each precinct; and\n- (e) identify the staged use precincts proposed at the time; and\n- (f) identify on the site plan the relationship between the site and any adjoining lands; and\n- (g) identify any lands outside the site that are proposed to be used in conjunction with the establishment or operation of the proposed mixed use development; and\n- (h) identify— (i) the proposed community property; and (ii) any community thoroughfare; and (iii) the access points to the site from roads outside the site; and\n- (i) the proposed community property; and\n- (ii) any community thoroughfare; and\n- (iii) the access points to the site from roads outside the site; and\n- (i) identify the proposed roads and other proposed major engineering works within the site; and\n- (j) identify existing easements and reserves; and\n- (k) identify existing buildings; and\n- (l) identify any watercourse lines, flood lines, storm surge levels, waterholes and similar features.\n- (i) a site plan; and\n- (ii) a delineation of the site; and\n- (iii) real property descriptions and, if appropriate, metes and bounds descriptions; and\n- (i) the proposed community property; and\n- (ii) any community thoroughfare; and\n- (iii) the access points to the site from roads outside the site; and","sortOrder":32},{"sectionNumber":"sec.29","sectionType":"section","heading":"Decision on application if site taken to be appropriately zoned","content":"### sec.29 Decision on application if site taken to be appropriately zoned\n\nThe local government must decide, in accordance with this section, an application for approval of a scheme in relation to a site that is taken to be zoned for the mixed use development proposed.\nThe local government must decide the application—\nwithin 40 days of receiving it; or\nif the local government extends or further extends the period—before the end of the extended period.\nAn extension has effect subject to any written direction given by the Minister to the local government—\nshortening the extension; or\ndirecting that the extension ceases to have effect on the giving of the direction.\nThe local government must notify the applicant of any extension before the extension starts.\nThe local government may—\napprove the scheme; or\napprove the scheme subject to reasonable and relevant conditions determined by it; or\nrefuse to approve the scheme.\ns 29 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.29-ssec.1) The local government must decide, in accordance with this section, an application for approval of a scheme in relation to a site that is taken to be zoned for the mixed use development proposed.\n(sec.29-ssec.2) The local government must decide the application— within 40 days of receiving it; or if the local government extends or further extends the period—before the end of the extended period.\n(sec.29-ssec.3) An extension has effect subject to any written direction given by the Minister to the local government— shortening the extension; or directing that the extension ceases to have effect on the giving of the direction.\n(sec.29-ssec.4) The local government must notify the applicant of any extension before the extension starts.\n(sec.29-ssec.5) The local government may— approve the scheme; or approve the scheme subject to reasonable and relevant conditions determined by it; or refuse to approve the scheme.\n- (a) within 40 days of receiving it; or\n- (b) if the local government extends or further extends the period—before the end of the extended period.\n- (a) shortening the extension; or\n- (b) directing that the extension ceases to have effect on the giving of the direction.\n- (a) approve the scheme; or\n- (b) approve the scheme subject to reasonable and relevant conditions determined by it; or\n- (c) refuse to approve the scheme.","sortOrder":33},{"sectionNumber":"sec.30","sectionType":"section","heading":"Decision on application if site requires rezoning","content":"### sec.30 Decision on application if site requires rezoning\n\nThe local government must decide, in accordance with this section, an application for approval of a mixed use scheme in relation to a site that is not taken to be zoned for the mixed use development proposed.\nThe application for approval of the mixed use scheme may accompany the application to amend the relevant planning scheme to allow the mixed use development proposed.\nThe public notice and objection requirements that apply under the Local Government (Planning and Environment) Act 1990 to the application to amend the planning scheme do not apply to the application for approval of the mixed use scheme.\nIf the application for approval of the mixed use scheme accompanies the application to amend the planning scheme, the local government must decide both applications at the same time.\nThe local government may—\napprove the mixed use scheme; or\napprove the mixed use scheme subject to reasonable and relevant conditions determined by it; or\nrefuse to approve the mixed use scheme.\ns 30 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.30-ssec.1) The local government must decide, in accordance with this section, an application for approval of a mixed use scheme in relation to a site that is not taken to be zoned for the mixed use development proposed.\n(sec.30-ssec.2) The application for approval of the mixed use scheme may accompany the application to amend the relevant planning scheme to allow the mixed use development proposed.\n(sec.30-ssec.3) The public notice and objection requirements that apply under the Local Government (Planning and Environment) Act 1990 to the application to amend the planning scheme do not apply to the application for approval of the mixed use scheme.\n(sec.30-ssec.4) If the application for approval of the mixed use scheme accompanies the application to amend the planning scheme, the local government must decide both applications at the same time.\n(sec.30-ssec.5) The local government may— approve the mixed use scheme; or approve the mixed use scheme subject to reasonable and relevant conditions determined by it; or refuse to approve the mixed use scheme.\n- (a) approve the mixed use scheme; or\n- (b) approve the mixed use scheme subject to reasonable and relevant conditions determined by it; or\n- (c) refuse to approve the mixed use scheme.","sortOrder":34},{"sectionNumber":"sec.31","sectionType":"section","heading":"Notification of decision on application","content":"### sec.31 Notification of decision on application\n\nThe local government must notify the applicant of its decision within 10 days after it is made.\nThe notification must include—\nthe decision and its date; and\nif the application has been refused—the grounds for the refusal; and\nif the application has been approved—any conditions that attach to the approval; and\ndetails of—\nthe way an applicant may appeal against the refusal or against any conditions to which the approval is subject; and\nthe time within which an appeal must be made.\ns 31 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.31-ssec.1) The local government must notify the applicant of its decision within 10 days after it is made.\n(sec.31-ssec.2) The notification must include— the decision and its date; and if the application has been refused—the grounds for the refusal; and if the application has been approved—any conditions that attach to the approval; and details of— the way an applicant may appeal against the refusal or against any conditions to which the approval is subject; and the time within which an appeal must be made.\n- (a) the decision and its date; and\n- (b) if the application has been refused—the grounds for the refusal; and\n- (c) if the application has been approved—any conditions that attach to the approval; and\n- (d) details of— (i) the way an applicant may appeal against the refusal or against any conditions to which the approval is subject; and (ii) the time within which an appeal must be made.\n- (i) the way an applicant may appeal against the refusal or against any conditions to which the approval is subject; and\n- (ii) the time within which an appeal must be made.\n- (i) the way an applicant may appeal against the refusal or against any conditions to which the approval is subject; and\n- (ii) the time within which an appeal must be made.","sortOrder":35},{"sectionNumber":"sec.32","sectionType":"section","heading":"Submission of scheme by local government","content":"### sec.32 Submission of scheme by local government\n\nThe local government must submit the scheme approved by it to the Minister.\nThe scheme must be accompanied by—\ndetails of the assessment of the scheme made by the local government; and\ndetails of any conditions determined by it in relation to the scheme; and\ndetails of any decision of the Planning and Environment Court in relation to the scheme; and\nany other matters required by the Minister.\nThe scheme must be submitted to the Minister within—\nif the scheme is approved without conditions—14 days after the local government’s decision; or\nif the time for starting an appeal has ended and no appeal has been started—\nif security is required to be lodged with the local government to ensure compliance with the conditions to which the scheme is subject—14 days after lodgment of the security; or\nif security is not required—14 days after the end of the appeal period; or\nif (in a case to which paragraph (e) does not apply) an appeal has been made and the appeal has been determined by a decision of the court—\n14 days after the decision; or\nanother period determined by the court; or\nif (in a case to which paragraph (e) does not apply) an appeal has been made and the appeal has been determined otherwise than by a decision of the court—14 days after the determination; or\nif, because of the determination of an appeal, the applicant is required to lodge security with the local government to ensure compliance with conditions to which the scheme is subject—14 days after lodgment of the security.\nFor the purposes of subsection (3) , if, before the end of the period mentioned in the subsection, the applicant gives a written notice to the local government stating that the applicant will not appeal against the local government’s decision, the time for starting an appeal is taken to have ended on receipt by the local government of the notice.\ns 32 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.32-ssec.1) The local government must submit the scheme approved by it to the Minister.\n(sec.32-ssec.2) The scheme must be accompanied by— details of the assessment of the scheme made by the local government; and details of any conditions determined by it in relation to the scheme; and details of any decision of the Planning and Environment Court in relation to the scheme; and any other matters required by the Minister.\n(sec.32-ssec.3) The scheme must be submitted to the Minister within— if the scheme is approved without conditions—14 days after the local government’s decision; or if the time for starting an appeal has ended and no appeal has been started— if security is required to be lodged with the local government to ensure compliance with the conditions to which the scheme is subject—14 days after lodgment of the security; or if security is not required—14 days after the end of the appeal period; or if (in a case to which paragraph (e) does not apply) an appeal has been made and the appeal has been determined by a decision of the court— 14 days after the decision; or another period determined by the court; or if (in a case to which paragraph (e) does not apply) an appeal has been made and the appeal has been determined otherwise than by a decision of the court—14 days after the determination; or if, because of the determination of an appeal, the applicant is required to lodge security with the local government to ensure compliance with conditions to which the scheme is subject—14 days after lodgment of the security.\n(sec.32-ssec.4) For the purposes of subsection (3) , if, before the end of the period mentioned in the subsection, the applicant gives a written notice to the local government stating that the applicant will not appeal against the local government’s decision, the time for starting an appeal is taken to have ended on receipt by the local government of the notice.\n- (a) details of the assessment of the scheme made by the local government; and\n- (b) details of any conditions determined by it in relation to the scheme; and\n- (c) details of any decision of the Planning and Environment Court in relation to the scheme; and\n- (d) any other matters required by the Minister.\n- (a) if the scheme is approved without conditions—14 days after the local government’s decision; or\n- (b) if the time for starting an appeal has ended and no appeal has been started— (i) if security is required to be lodged with the local government to ensure compliance with the conditions to which the scheme is subject—14 days after lodgment of the security; or (ii) if security is not required—14 days after the end of the appeal period; or\n- (i) if security is required to be lodged with the local government to ensure compliance with the conditions to which the scheme is subject—14 days after lodgment of the security; or\n- (ii) if security is not required—14 days after the end of the appeal period; or\n- (c) if (in a case to which paragraph (e) does not apply) an appeal has been made and the appeal has been determined by a decision of the court— (i) 14 days after the decision; or (ii) another period determined by the court; or\n- (i) 14 days after the decision; or\n- (ii) another period determined by the court; or\n- (d) if (in a case to which paragraph (e) does not apply) an appeal has been made and the appeal has been determined otherwise than by a decision of the court—14 days after the determination; or\n- (e) if, because of the determination of an appeal, the applicant is required to lodge security with the local government to ensure compliance with conditions to which the scheme is subject—14 days after lodgment of the security.\n- (i) if security is required to be lodged with the local government to ensure compliance with the conditions to which the scheme is subject—14 days after lodgment of the security; or\n- (ii) if security is not required—14 days after the end of the appeal period; or\n- (i) 14 days after the decision; or\n- (ii) another period determined by the court; or","sortOrder":36},{"sectionNumber":"sec.33","sectionType":"section","heading":"Approval of scheme","content":"### sec.33 Approval of scheme\n\nThe Governor in Council may—\napprove the scheme; or\napprove the scheme with modifications or subject to conditions; or\nrefuse to approve the scheme.\nIf the Governor in Council approves the scheme, the chief executive must—\nnotify the approval of the scheme by a gazette notice that specifies—\nthe modifications (if any) made by the approval and the conditions (if any) to which the approval is subject; and\nthe places where a copy of the approved scheme is available for inspection; and\nkeep a copy of the approved scheme available for inspection at the office of the chief executive at Brisbane at all times during which the office is open for the transaction of public business; and\nnote the approval on the plan of development; and\nsend a copy of the approved scheme and the plan of development to the registrar of titles and the local government.\nThe chief executive must, on payment by a person of the reasonable fee decided by the chief executive, give a copy of the scheme to the person.\ns 33 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.33-ssec.1) The Governor in Council may— approve the scheme; or approve the scheme with modifications or subject to conditions; or refuse to approve the scheme.\n(sec.33-ssec.2) If the Governor in Council approves the scheme, the chief executive must— notify the approval of the scheme by a gazette notice that specifies— the modifications (if any) made by the approval and the conditions (if any) to which the approval is subject; and the places where a copy of the approved scheme is available for inspection; and keep a copy of the approved scheme available for inspection at the office of the chief executive at Brisbane at all times during which the office is open for the transaction of public business; and note the approval on the plan of development; and send a copy of the approved scheme and the plan of development to the registrar of titles and the local government.\n(sec.33-ssec.3) The chief executive must, on payment by a person of the reasonable fee decided by the chief executive, give a copy of the scheme to the person.\n- (a) approve the scheme; or\n- (b) approve the scheme with modifications or subject to conditions; or\n- (c) refuse to approve the scheme.\n- (a) notify the approval of the scheme by a gazette notice that specifies— (i) the modifications (if any) made by the approval and the conditions (if any) to which the approval is subject; and (ii) the places where a copy of the approved scheme is available for inspection; and\n- (i) the modifications (if any) made by the approval and the conditions (if any) to which the approval is subject; and\n- (ii) the places where a copy of the approved scheme is available for inspection; and\n- (b) keep a copy of the approved scheme available for inspection at the office of the chief executive at Brisbane at all times during which the office is open for the transaction of public business; and\n- (c) note the approval on the plan of development; and\n- (d) send a copy of the approved scheme and the plan of development to the registrar of titles and the local government.\n- (i) the modifications (if any) made by the approval and the conditions (if any) to which the approval is subject; and\n- (ii) the places where a copy of the approved scheme is available for inspection; and","sortOrder":37},{"sectionNumber":"sec.34","sectionType":"section","heading":"Notation of approved scheme","content":"### sec.34 Notation of approved scheme\n\nThe local government and the chief executive must each make an appropriate notation of the approved scheme on—\nrelevant zoning maps; and\nany relevant regulatory maps; and\nany relevant development control plan maps.\ns 34 amd 1999 No. 30 s 98 sch 3 pt 1\n- (a) relevant zoning maps; and\n- (b) any relevant regulatory maps; and\n- (c) any relevant development control plan maps.","sortOrder":38},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Future development areas","content":"## Future development areas","sortOrder":39},{"sectionNumber":"sec.35","sectionType":"section","heading":"Application that includes future development area","content":"### sec.35 Application that includes future development area\n\nAn application under division 1 for the approval of a scheme (the primary application ) may identify an area (a future development area ) in relation to which—\nprovisional approval is sought; and\na subsequent application is proposed to be made under division 1 .\nA future development area may only contain freehold land or land intended to be freeholded.\nExcept in relation to land intended to be freeholded, the primary application may include a future development area only if the land in the future development area—\nis taken to be zoned for the mixed use development proposed; or\nif not taken to be zoned for the mixed use development proposed—is the subject of an application to amend a planning scheme under the Local Government (Planning and Environment) Act 1990 that, if approved, would allow the mixed use development proposed.\nThe primary application may include a future development area only if—\nthe future development area is contiguous with the other land mentioned in the application; and\nthe intended use of the future development area is compatible with the intended use of the other land.\nFor the purposes of subsection (4) , a future development area that is separated from the other land only by a road, railway, tramway or boundary watercourse is taken to be contiguous with the other land.\nIf the primary application identifies a future development area, the applicant must, in addition to giving the information and material required by division 1 , give to the local government—\nthe address of the future development area; and\na site plan and delineation of the future development area, including real property descriptions and, if appropriate, metes and bounds descriptions; and\nthe name and address of each owner (other than the applicant) of land within the future development area; and\nthe written consent of each owner mentioned in paragraph (c) to the inclusion of the owner’s land in the future development area; and\nadvice that the land in the future development area is freehold land or is intended to be freeholded.\nThe site plan must identify—\nthe relationship between the future development area, the site and any adjoining lands; and\nany lands outside the future development area that are proposed to be used in conjunction with the establishment or operation of the proposed development; and\nany access points to the future development area from roads outside the future development area; and\nexisting easements and reserves; and\nany watercourse lines, flood lines, storm surge levels, waterholes and similar features; and\nthe nature and extent of development proposed in the future development area.\ns 35 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.35-ssec.1) An application under division 1 for the approval of a scheme (the primary application ) may identify an area (a future development area ) in relation to which— provisional approval is sought; and a subsequent application is proposed to be made under division 1 .\n(sec.35-ssec.2) A future development area may only contain freehold land or land intended to be freeholded.\n(sec.35-ssec.3) Except in relation to land intended to be freeholded, the primary application may include a future development area only if the land in the future development area— is taken to be zoned for the mixed use development proposed; or if not taken to be zoned for the mixed use development proposed—is the subject of an application to amend a planning scheme under the Local Government (Planning and Environment) Act 1990 that, if approved, would allow the mixed use development proposed.\n(sec.35-ssec.4) The primary application may include a future development area only if— the future development area is contiguous with the other land mentioned in the application; and the intended use of the future development area is compatible with the intended use of the other land.\n(sec.35-ssec.5) For the purposes of subsection (4) , a future development area that is separated from the other land only by a road, railway, tramway or boundary watercourse is taken to be contiguous with the other land.\n(sec.35-ssec.6) If the primary application identifies a future development area, the applicant must, in addition to giving the information and material required by division 1 , give to the local government— the address of the future development area; and a site plan and delineation of the future development area, including real property descriptions and, if appropriate, metes and bounds descriptions; and the name and address of each owner (other than the applicant) of land within the future development area; and the written consent of each owner mentioned in paragraph (c) to the inclusion of the owner’s land in the future development area; and advice that the land in the future development area is freehold land or is intended to be freeholded.\n(sec.35-ssec.7) The site plan must identify— the relationship between the future development area, the site and any adjoining lands; and any lands outside the future development area that are proposed to be used in conjunction with the establishment or operation of the proposed development; and any access points to the future development area from roads outside the future development area; and existing easements and reserves; and any watercourse lines, flood lines, storm surge levels, waterholes and similar features; and the nature and extent of development proposed in the future development area.\n- (a) provisional approval is sought; and\n- (b) a subsequent application is proposed to be made under division 1 .\n- (a) is taken to be zoned for the mixed use development proposed; or\n- (b) if not taken to be zoned for the mixed use development proposed—is the subject of an application to amend a planning scheme under the Local Government (Planning and Environment) Act 1990 that, if approved, would allow the mixed use development proposed.\n- (a) the future development area is contiguous with the other land mentioned in the application; and\n- (b) the intended use of the future development area is compatible with the intended use of the other land.\n- (a) the address of the future development area; and\n- (b) a site plan and delineation of the future development area, including real property descriptions and, if appropriate, metes and bounds descriptions; and\n- (c) the name and address of each owner (other than the applicant) of land within the future development area; and\n- (d) the written consent of each owner mentioned in paragraph (c) to the inclusion of the owner’s land in the future development area; and\n- (e) advice that the land in the future development area is freehold land or is intended to be freeholded.\n- (a) the relationship between the future development area, the site and any adjoining lands; and\n- (b) any lands outside the future development area that are proposed to be used in conjunction with the establishment or operation of the proposed development; and\n- (c) any access points to the future development area from roads outside the future development area; and\n- (d) existing easements and reserves; and\n- (e) any watercourse lines, flood lines, storm surge levels, waterholes and similar features; and\n- (f) the nature and extent of development proposed in the future development area.","sortOrder":40},{"sectionNumber":"sec.36","sectionType":"section","heading":"Provisional approval","content":"### sec.36 Provisional approval\n\nAn application for provisional approval for a future development area is to be made, and dealt with and approved in the same way and within the same time as the application under division 1 for approval of a scheme.\nThe requirements of section 34 that apply to the approved scheme also apply to a future development area that has been provisionally approved in relation to the approved scheme.\n(sec.36-ssec.1) An application for provisional approval for a future development area is to be made, and dealt with and approved in the same way and within the same time as the application under division 1 for approval of a scheme.\n(sec.36-ssec.2) The requirements of section 34 that apply to the approved scheme also apply to a future development area that has been provisionally approved in relation to the approved scheme.","sortOrder":41},{"sectionNumber":"sec.37","sectionType":"section","heading":"Application for revocation of provisional approval","content":"### sec.37 Application for revocation of provisional approval\n\nThe proprietor of land in a future development area that is the subject of a provisional approval may apply to have the approval revoked in relation to all or part of the land.\nAn application may not be made in relation to any part of the future development area that has been the subject of an application under section 40 .\nBefore making the application, the proprietor must give written notice of the proprietor’s intention to make the application to—\nthe community body corporate; and\nthe precinct bodies corporate;\n(if these exist) inviting written comments from their members before a specified day (not less than 30 days after the giving of the notice).\nThe application must be made in writing to the Minister and include—\na copy of the notice given under subsection (3) ; and\nany written comments of the members of the community body corporate or the precinct bodies corporate received by the applicant; and\nother matters that the Minister considers necessary.\n(sec.37-ssec.1) The proprietor of land in a future development area that is the subject of a provisional approval may apply to have the approval revoked in relation to all or part of the land.\n(sec.37-ssec.2) An application may not be made in relation to any part of the future development area that has been the subject of an application under section 40 .\n(sec.37-ssec.3) Before making the application, the proprietor must give written notice of the proprietor’s intention to make the application to— the community body corporate; and the precinct bodies corporate; (if these exist) inviting written comments from their members before a specified day (not less than 30 days after the giving of the notice).\n(sec.37-ssec.4) The application must be made in writing to the Minister and include— a copy of the notice given under subsection (3) ; and any written comments of the members of the community body corporate or the precinct bodies corporate received by the applicant; and other matters that the Minister considers necessary.\n- (a) the community body corporate; and\n- (b) the precinct bodies corporate;\n- (a) a copy of the notice given under subsection (3) ; and\n- (b) any written comments of the members of the community body corporate or the precinct bodies corporate received by the applicant; and\n- (c) other matters that the Minister considers necessary.","sortOrder":42},{"sectionNumber":"sec.38","sectionType":"section","heading":"Approval of revocation","content":"### sec.38 Approval of revocation\n\nThe Governor in Council may—\napprove the revocation; or\napprove the revocation with modifications or subject to specified conditions; or\nrefuse to approve the revocation.\nIf the Governor in Council approves the revocation, the chief executive must—\nnotify the approval of the revocation by a gazette notice that specifies—\nthe modifications (if any) made by the approval and the conditions (if any) to which the approval is subject; and\nthe places where a copy of the approved revocation is available for inspection; and\nkeep a copy of the approval available for inspection at the office of the chief executive at Brisbane at all times during which the office is open for the transaction of public business; and\nnote the revocation on the plan of development; and\nsend a copy of the revocation to the registrar of titles and the local government.\nThe chief executive must, on payment by a person of the reasonable fee decided by the chief executive, give a copy of the approval of the revocation to the person.\nThe registrar of titles must note the revocation on the plan of development.\ns 38 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.38-ssec.1) The Governor in Council may— approve the revocation; or approve the revocation with modifications or subject to specified conditions; or refuse to approve the revocation.\n(sec.38-ssec.2) If the Governor in Council approves the revocation, the chief executive must— notify the approval of the revocation by a gazette notice that specifies— the modifications (if any) made by the approval and the conditions (if any) to which the approval is subject; and the places where a copy of the approved revocation is available for inspection; and keep a copy of the approval available for inspection at the office of the chief executive at Brisbane at all times during which the office is open for the transaction of public business; and note the revocation on the plan of development; and send a copy of the revocation to the registrar of titles and the local government.\n(sec.38-ssec.3) The chief executive must, on payment by a person of the reasonable fee decided by the chief executive, give a copy of the approval of the revocation to the person.\n(sec.38-ssec.4) The registrar of titles must note the revocation on the plan of development.\n- (a) approve the revocation; or\n- (b) approve the revocation with modifications or subject to specified conditions; or\n- (c) refuse to approve the revocation.\n- (a) notify the approval of the revocation by a gazette notice that specifies— (i) the modifications (if any) made by the approval and the conditions (if any) to which the approval is subject; and (ii) the places where a copy of the approved revocation is available for inspection; and\n- (i) the modifications (if any) made by the approval and the conditions (if any) to which the approval is subject; and\n- (ii) the places where a copy of the approved revocation is available for inspection; and\n- (b) keep a copy of the approval available for inspection at the office of the chief executive at Brisbane at all times during which the office is open for the transaction of public business; and\n- (c) note the revocation on the plan of development; and\n- (d) send a copy of the revocation to the registrar of titles and the local government.\n- (i) the modifications (if any) made by the approval and the conditions (if any) to which the approval is subject; and\n- (ii) the places where a copy of the approved revocation is available for inspection; and","sortOrder":43},{"sectionNumber":"sec.39","sectionType":"section","heading":"Notation of revocation of provisional approval","content":"### sec.39 Notation of revocation of provisional approval\n\nThe local government and the chief executive must each make an appropriate notation of the revocation on—\nrelevant zoning maps; and\nany relevant regulatory maps; and\nany relevant development control plan maps.\ns 39 amd 1999 No. 30 s 98 sch 3 pt 1\n- (a) relevant zoning maps; and\n- (b) any relevant regulatory maps; and\n- (c) any relevant development control plan maps.","sortOrder":44},{"sectionNumber":"sec.40","sectionType":"section","heading":"Application for subsequent stages","content":"### sec.40 Application for subsequent stages\n\nAn application may be made to the relevant local government under division 1 in relation to all or part of a future development area that is the subject of a provisional approval.\nThe future development area or part of the future development area that is the subject of an application under division 1 is called a subsequent stage .\nDivision 1 applies to the application for approval of a subsequent stage.\nHowever, if the local government is satisfied that a matter required under division 1 for the application has previously been complied with, the local government may dispense with the matter.\nThe application may be made only if—\nall necessary amounts have been paid to the local authority; and\nall necessary undertakings and securities have been given to, or lodged with, the local authority;\nunder an agreement entered into between the applicant and the local authority.\nThe application must—\nindicate that the subsequent stage is to be divided into precincts; and\nspecify—\nthe name of each precinct; and\ngenerally, the intended development of each precinct; and\nthe permitted uses of the land within each precinct; and\nbe accompanied by a schedule setting out the voting entitlements, and the way of calculating the voting entitlements, of proposed members of the community body corporate.\nAn application in relation to a subsequent stage in a future development area may be made at any time.\nLand in a subsequent stage is to be subdivided under part 5 in the same way as land within the site of a scheme.\ns 40 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.40-ssec.1) An application may be made to the relevant local government under division 1 in relation to all or part of a future development area that is the subject of a provisional approval.\n(sec.40-ssec.2) The future development area or part of the future development area that is the subject of an application under division 1 is called a subsequent stage .\n(sec.40-ssec.3) Division 1 applies to the application for approval of a subsequent stage.\n(sec.40-ssec.4) However, if the local government is satisfied that a matter required under division 1 for the application has previously been complied with, the local government may dispense with the matter.\n(sec.40-ssec.5) The application may be made only if— all necessary amounts have been paid to the local authority; and all necessary undertakings and securities have been given to, or lodged with, the local authority; under an agreement entered into between the applicant and the local authority.\n(sec.40-ssec.6) The application must— indicate that the subsequent stage is to be divided into precincts; and specify— the name of each precinct; and generally, the intended development of each precinct; and the permitted uses of the land within each precinct; and be accompanied by a schedule setting out the voting entitlements, and the way of calculating the voting entitlements, of proposed members of the community body corporate.\n(sec.40-ssec.7) An application in relation to a subsequent stage in a future development area may be made at any time.\n(sec.40-ssec.8) Land in a subsequent stage is to be subdivided under part 5 in the same way as land within the site of a scheme.\n- (a) all necessary amounts have been paid to the local authority; and\n- (b) all necessary undertakings and securities have been given to, or lodged with, the local authority;\n- (a) indicate that the subsequent stage is to be divided into precincts; and\n- (b) specify— (i) the name of each precinct; and (ii) generally, the intended development of each precinct; and (iii) the permitted uses of the land within each precinct; and\n- (i) the name of each precinct; and\n- (ii) generally, the intended development of each precinct; and\n- (iii) the permitted uses of the land within each precinct; and\n- (c) be accompanied by a schedule setting out the voting entitlements, and the way of calculating the voting entitlements, of proposed members of the community body corporate.\n- (i) the name of each precinct; and\n- (ii) generally, the intended development of each precinct; and\n- (iii) the permitted uses of the land within each precinct; and","sortOrder":45},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Amendment of approved schemes","content":"## Amendment of approved schemes","sortOrder":46},{"sectionNumber":"sec.41","sectionType":"section","heading":"Application for amendment of an approved scheme","content":"### sec.41 Application for amendment of an approved scheme\n\nThe applicant may apply to the relevant local government for approval of an amendment of an approved scheme.\nThe application must be—\nin writing; and\nsigned by the applicant; and\nin the form (if any) determined by the local government.\nA matter in the application may be expressed in words or by way of words and a diagram.\nSubject to section 51 , if the applicant is the community body corporate, it may apply to amend the approved scheme only if—\nthe amendment proposed has been set out in a motion given to its members; and\nthe motion for the proposed amendment has been carried by comprehensive resolution of the body corporate.\nThe application must be accompanied by—\na copy of the motion; and\nevidence that it has been carried by comprehensive resolution.\ns 41 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.41-ssec.1) The applicant may apply to the relevant local government for approval of an amendment of an approved scheme.\n(sec.41-ssec.2) The application must be— in writing; and signed by the applicant; and in the form (if any) determined by the local government.\n(sec.41-ssec.3) A matter in the application may be expressed in words or by way of words and a diagram.\n(sec.41-ssec.4) Subject to section 51 , if the applicant is the community body corporate, it may apply to amend the approved scheme only if— the amendment proposed has been set out in a motion given to its members; and the motion for the proposed amendment has been carried by comprehensive resolution of the body corporate.\n(sec.41-ssec.5) The application must be accompanied by— a copy of the motion; and evidence that it has been carried by comprehensive resolution.\n- (a) in writing; and\n- (b) signed by the applicant; and\n- (c) in the form (if any) determined by the local government.\n- (a) the amendment proposed has been set out in a motion given to its members; and\n- (b) the motion for the proposed amendment has been carried by comprehensive resolution of the body corporate.\n- (a) a copy of the motion; and\n- (b) evidence that it has been carried by comprehensive resolution.","sortOrder":47},{"sectionNumber":"sec.42","sectionType":"section","heading":"Application for amendment to add land to the site","content":"### sec.42 Application for amendment to add land to the site\n\nIf the amendment proposed includes the addition to the site of land outside the site—\nthe intended use of the additional land—\nmust be permitted by the relevant planning scheme; or\nif not permitted by the relevant planning scheme—must be the subject of an application to amend a planning scheme under the Local Government (Planning and Environment) Act 1990 that, if approved, would allow the use intended; and\nthe intended use of the additional land must be compatible with the approved scheme.\nThe application to add additional land must set out or be accompanied by—\nthe name of the scheme; and\nthe name and address of the applicant; and\nthe address of the additional land; and\nthe name and address of each owner (other than the applicant) of—\nthe additional land; and\nany land outside the site and the future development area that is proposed to be used in conjunction with the mixed use development; and\nthe written consent of each owner mentioned in paragraph (d) to the addition of the owner’s land to the site, signed by the owner; and\nadvice that the additional land is freehold land or is intended to be freeholded; and\ndetails of each matter for which approval is required, or that must be done, under another Act before approval of the amendment of the approved scheme may be given; and\ndetails of all agreements that relate to any part of the additional land; and\nevidence of all—\nundertakings affecting the proposed development of the additional land given by an interested person; and\ncontracts affecting the proposed development of the additional land entered into between the applicant and another interested person; and\na schedule setting out the type and extent of development in each precinct; and\ndetails of any minimum lot sizes, height restrictions, building setback requirements, car parking requirements and other requirements that are proposed for the additional land; and\na schedule specifying the voting entitlements and the methods of calculating the voting entitlements of existing and proposed members of the community body corporate; and\nthe proposed plan of development for the additional land.\nThe proposed plan of development must—\ninclude—\na site plan; and\na delineation of the additional land; and\nreal property descriptions and, if appropriate, metes and bounds descriptions; and\nidentify the location and specify the area of each of the proposed precincts; and\nspecify the name of each proposed precinct; and\nspecify the proposed uses to be permitted within each precinct; and\nidentify any proposed staged use precincts; and\nidentify on the site plan the relationship between the site and the additional land; and\nidentify any lands outside the site and the future development area (other than additional land) that are proposed to be used in conjunction with the establishment or operation of the mixed use development; and\nidentify—\nthe proposed roads and other proposed major engineering works within the additional land; and\nthe access points to the additional land from roads outside the land; and\nidentify existing and proposed easements and reserves; and\nidentify any watercourse lines, flood lines, storm surge levels, waterholes and similar features.\nIn this section—\ninterested person means the applicant, the local government, the State, the Commonwealth or the provider of a public utility service.\ns 42 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.42-ssec.1) If the amendment proposed includes the addition to the site of land outside the site— the intended use of the additional land— must be permitted by the relevant planning scheme; or if not permitted by the relevant planning scheme—must be the subject of an application to amend a planning scheme under the Local Government (Planning and Environment) Act 1990 that, if approved, would allow the use intended; and the intended use of the additional land must be compatible with the approved scheme.\n(sec.42-ssec.2) The application to add additional land must set out or be accompanied by— the name of the scheme; and the name and address of the applicant; and the address of the additional land; and the name and address of each owner (other than the applicant) of— the additional land; and any land outside the site and the future development area that is proposed to be used in conjunction with the mixed use development; and the written consent of each owner mentioned in paragraph (d) to the addition of the owner’s land to the site, signed by the owner; and advice that the additional land is freehold land or is intended to be freeholded; and details of each matter for which approval is required, or that must be done, under another Act before approval of the amendment of the approved scheme may be given; and details of all agreements that relate to any part of the additional land; and evidence of all— undertakings affecting the proposed development of the additional land given by an interested person; and contracts affecting the proposed development of the additional land entered into between the applicant and another interested person; and a schedule setting out the type and extent of development in each precinct; and details of any minimum lot sizes, height restrictions, building setback requirements, car parking requirements and other requirements that are proposed for the additional land; and a schedule specifying the voting entitlements and the methods of calculating the voting entitlements of existing and proposed members of the community body corporate; and the proposed plan of development for the additional land.\n(sec.42-ssec.3) The proposed plan of development must— include— a site plan; and a delineation of the additional land; and real property descriptions and, if appropriate, metes and bounds descriptions; and identify the location and specify the area of each of the proposed precincts; and specify the name of each proposed precinct; and specify the proposed uses to be permitted within each precinct; and identify any proposed staged use precincts; and identify on the site plan the relationship between the site and the additional land; and identify any lands outside the site and the future development area (other than additional land) that are proposed to be used in conjunction with the establishment or operation of the mixed use development; and identify— the proposed roads and other proposed major engineering works within the additional land; and the access points to the additional land from roads outside the land; and identify existing and proposed easements and reserves; and identify any watercourse lines, flood lines, storm surge levels, waterholes and similar features.\n(sec.42-ssec.4) In this section— interested person means the applicant, the local government, the State, the Commonwealth or the provider of a public utility service.\n- (a) the intended use of the additional land— (i) must be permitted by the relevant planning scheme; or (ii) if not permitted by the relevant planning scheme—must be the subject of an application to amend a planning scheme under the Local Government (Planning and Environment) Act 1990 that, if approved, would allow the use intended; and\n- (i) must be permitted by the relevant planning scheme; or\n- (ii) if not permitted by the relevant planning scheme—must be the subject of an application to amend a planning scheme under the Local Government (Planning and Environment) Act 1990 that, if approved, would allow the use intended; and\n- (b) the intended use of the additional land must be compatible with the approved scheme.\n- (i) must be permitted by the relevant planning scheme; or\n- (ii) if not permitted by the relevant planning scheme—must be the subject of an application to amend a planning scheme under the Local Government (Planning and Environment) Act 1990 that, if approved, would allow the use intended; and\n- (a) the name of the scheme; and\n- (b) the name and address of the applicant; and\n- (c) the address of the additional land; and\n- (d) the name and address of each owner (other than the applicant) of— (i) the additional land; and (ii) any land outside the site and the future development area that is proposed to be used in conjunction with the mixed use development; and\n- (i) the additional land; and\n- (ii) any land outside the site and the future development area that is proposed to be used in conjunction with the mixed use development; and\n- (e) the written consent of each owner mentioned in paragraph (d) to the addition of the owner’s land to the site, signed by the owner; and\n- (f) advice that the additional land is freehold land or is intended to be freeholded; and\n- (g) details of each matter for which approval is required, or that must be done, under another Act before approval of the amendment of the approved scheme may be given; and\n- (h) details of all agreements that relate to any part of the additional land; and\n- (i) evidence of all— (i) undertakings affecting the proposed development of the additional land given by an interested person; and (ii) contracts affecting the proposed development of the additional land entered into between the applicant and another interested person; and\n- (i) undertakings affecting the proposed development of the additional land given by an interested person; and\n- (ii) contracts affecting the proposed development of the additional land entered into between the applicant and another interested person; and\n- (j) a schedule setting out the type and extent of development in each precinct; and\n- (k) details of any minimum lot sizes, height restrictions, building setback requirements, car parking requirements and other requirements that are proposed for the additional land; and\n- (l) a schedule specifying the voting entitlements and the methods of calculating the voting entitlements of existing and proposed members of the community body corporate; and\n- (m) the proposed plan of development for the additional land.\n- (i) the additional land; and\n- (ii) any land outside the site and the future development area that is proposed to be used in conjunction with the mixed use development; and\n- (i) undertakings affecting the proposed development of the additional land given by an interested person; and\n- (ii) contracts affecting the proposed development of the additional land entered into between the applicant and another interested person; and\n- (a) include— (i) a site plan; and (ii) a delineation of the additional land; and (iii) real property descriptions and, if appropriate, metes and bounds descriptions; and\n- (i) a site plan; and\n- (ii) a delineation of the additional land; and\n- (iii) real property descriptions and, if appropriate, metes and bounds descriptions; and\n- (b) identify the location and specify the area of each of the proposed precincts; and\n- (c) specify the name of each proposed precinct; and\n- (d) specify the proposed uses to be permitted within each precinct; and\n- (e) identify any proposed staged use precincts; and\n- (f) identify on the site plan the relationship between the site and the additional land; and\n- (g) identify any lands outside the site and the future development area (other than additional land) that are proposed to be used in conjunction with the establishment or operation of the mixed use development; and\n- (h) identify— (i) the proposed roads and other proposed major engineering works within the additional land; and (ii) the access points to the additional land from roads outside the land; and\n- (i) the proposed roads and other proposed major engineering works within the additional land; and\n- (ii) the access points to the additional land from roads outside the land; and\n- (i) identify existing and proposed easements and reserves; and\n- (j) identify any watercourse lines, flood lines, storm surge levels, waterholes and similar features.\n- (i) a site plan; and\n- (ii) a delineation of the additional land; and\n- (iii) real property descriptions and, if appropriate, metes and bounds descriptions; and\n- (i) the proposed roads and other proposed major engineering works within the additional land; and\n- (ii) the access points to the additional land from roads outside the land; and","sortOrder":48},{"sectionNumber":"sec.43","sectionType":"section","heading":"Application not adding additional land","content":"### sec.43 Application not adding additional land\n\nAn application for approval to amend a scheme that does not relate to additional land must include—\ndetails of the proposed amendment and an explanation of the nature and extent of the amendment; and\nany other relevant matters required by the local government.\ns 43 amd 1999 No. 30 s 98 sch 3 pt 1\n- (a) details of the proposed amendment and an explanation of the nature and extent of the amendment; and\n- (b) any other relevant matters required by the local government.","sortOrder":49},{"sectionNumber":"sec.44","sectionType":"section","heading":"Certain amendments not allowed after community plan registered","content":"### sec.44 Certain amendments not allowed after community plan registered\n\nAn applicant may not apply for approval to amend a precinct boundary, or vary a precinct boundary under section 51 , after the community plan has been registered.","sortOrder":50},{"sectionNumber":"sec.45","sectionType":"section","heading":"Decision on application if application to amend planning scheme not required","content":"### sec.45 Decision on application if application to amend planning scheme not required\n\nThe local government must decide, in accordance with this section—\nan application for approval of an amendment that relates to additional land the use of which is permitted by the relevant planning scheme; or\nan application for approval of an amendment that does not relate to additional land.\nThe local government must decide the application—\nwithin 40 days of receiving it; or\nif the local government extends or further extends the period—before the end of the extended period.\nAn extension has effect subject to any written direction given by the Minister to the local government—\nshortening the extension; or\ndirecting that the extension ceases to have effect on the giving of the direction.\nThe local government must notify the applicant of any extension before the extension starts.\nThe local government may—\napprove the amendment of the scheme; or\napprove the amendment of the scheme subject to reasonable and relevant conditions determined by it; or\nrefuse to approve the amendment of the scheme.\ns 45 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.45-ssec.1) The local government must decide, in accordance with this section— an application for approval of an amendment that relates to additional land the use of which is permitted by the relevant planning scheme; or an application for approval of an amendment that does not relate to additional land.\n(sec.45-ssec.2) The local government must decide the application— within 40 days of receiving it; or if the local government extends or further extends the period—before the end of the extended period.\n(sec.45-ssec.3) An extension has effect subject to any written direction given by the Minister to the local government— shortening the extension; or directing that the extension ceases to have effect on the giving of the direction.\n(sec.45-ssec.4) The local government must notify the applicant of any extension before the extension starts.\n(sec.45-ssec.5) The local government may— approve the amendment of the scheme; or approve the amendment of the scheme subject to reasonable and relevant conditions determined by it; or refuse to approve the amendment of the scheme.\n- (a) an application for approval of an amendment that relates to additional land the use of which is permitted by the relevant planning scheme; or\n- (b) an application for approval of an amendment that does not relate to additional land.\n- (a) within 40 days of receiving it; or\n- (b) if the local government extends or further extends the period—before the end of the extended period.\n- (a) shortening the extension; or\n- (b) directing that the extension ceases to have effect on the giving of the direction.\n- (a) approve the amendment of the scheme; or\n- (b) approve the amendment of the scheme subject to reasonable and relevant conditions determined by it; or\n- (c) refuse to approve the amendment of the scheme.","sortOrder":51},{"sectionNumber":"sec.46","sectionType":"section","heading":"Decision on application if amendment of planning scheme required","content":"### sec.46 Decision on application if amendment of planning scheme required\n\nThe local government must decide, in accordance with this section, an application for approval of an amendment of a mixed use scheme that relates to additional land the use of which is not permitted by a planning scheme.\nThe application for approval of the amendment of the mixed use scheme may accompany the application to amend the relevant planning scheme to allow the use proposed for the additional land.\nThe public notice and objection requirements that apply under the Local Government (Planning and Environment) Act 1990 to the application to amend the planning scheme do not apply to the application for approval of the amendment of the mixed use scheme.\nIf the application for approval of amendment of the mixed use scheme accompanies the application to amend the relevant planning scheme, the local government must decide both applications at the same time.\nThe local government may—\napprove the amendment of the mixed use scheme; or\napprove the amendment of the mixed use scheme subject to reasonable and relevant conditions determined by it; or\nrefuse to approve the amendment of the mixed use scheme.\ns 46 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.46-ssec.1) The local government must decide, in accordance with this section, an application for approval of an amendment of a mixed use scheme that relates to additional land the use of which is not permitted by a planning scheme.\n(sec.46-ssec.2) The application for approval of the amendment of the mixed use scheme may accompany the application to amend the relevant planning scheme to allow the use proposed for the additional land.\n(sec.46-ssec.3) The public notice and objection requirements that apply under the Local Government (Planning and Environment) Act 1990 to the application to amend the planning scheme do not apply to the application for approval of the amendment of the mixed use scheme.\n(sec.46-ssec.4) If the application for approval of amendment of the mixed use scheme accompanies the application to amend the relevant planning scheme, the local government must decide both applications at the same time.\n(sec.46-ssec.5) The local government may— approve the amendment of the mixed use scheme; or approve the amendment of the mixed use scheme subject to reasonable and relevant conditions determined by it; or refuse to approve the amendment of the mixed use scheme.\n- (a) approve the amendment of the mixed use scheme; or\n- (b) approve the amendment of the mixed use scheme subject to reasonable and relevant conditions determined by it; or\n- (c) refuse to approve the amendment of the mixed use scheme.","sortOrder":52},{"sectionNumber":"sec.47","sectionType":"section","heading":"Notification of decision on application","content":"### sec.47 Notification of decision on application\n\nThe local government must notify the applicant of its decision within 10 days after it is made.\nThe notification must include—\nthe decision and its date; and\nif the application has been refused—the grounds for the refusal; and\nif the application has been approved—any conditions to which the approval is subject; and\ndetails of—\nthe way an applicant may appeal against the refusal or against any conditions to which the approval is subject; and\nthe time within which an appeal must be made.\ns 47 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.47-ssec.1) The local government must notify the applicant of its decision within 10 days after it is made.\n(sec.47-ssec.2) The notification must include— the decision and its date; and if the application has been refused—the grounds for the refusal; and if the application has been approved—any conditions to which the approval is subject; and details of— the way an applicant may appeal against the refusal or against any conditions to which the approval is subject; and the time within which an appeal must be made.\n- (a) the decision and its date; and\n- (b) if the application has been refused—the grounds for the refusal; and\n- (c) if the application has been approved—any conditions to which the approval is subject; and\n- (d) details of— (i) the way an applicant may appeal against the refusal or against any conditions to which the approval is subject; and (ii) the time within which an appeal must be made.\n- (i) the way an applicant may appeal against the refusal or against any conditions to which the approval is subject; and\n- (ii) the time within which an appeal must be made.\n- (i) the way an applicant may appeal against the refusal or against any conditions to which the approval is subject; and\n- (ii) the time within which an appeal must be made.","sortOrder":53},{"sectionNumber":"sec.48","sectionType":"section","heading":"Submission of amendment of scheme approved by local authority","content":"### sec.48 Submission of amendment of scheme approved by local authority\n\nThe local government must submit the amendment of the scheme approved by it to the Minister.\nThe amendment must be accompanied by—\ndetails of the assessment of the amendment of the scheme made by the local government; and\ndetails of any conditions determined by it in relation to the amendment; and\ndetails of any decision of the Planning and Environment Court in relation to the amendment; and\nany other matters required by the Minister.\nThe amendment must be submitted to the Minister within—\nif the amendment is approved without conditions—14 days after the local government’s decision; or\nif the time for starting an appeal has ended and no appeal has been started—\nif security is required to be lodged with the local government to ensure compliance with the conditions to which the approval of the amendment is subject—14 days after lodgment of the security; or\nif security is not required—14 days after the end of the appeal period; or\nif (in a case to which paragraph (e) does not apply) an appeal has been made and the appeal has been determined by a decision of the court—\n14 days after the decision; or\nanother period determined by the court; or\nif (in a case to which paragraph (e) does not apply) an appeal has been made and the appeal has been determined otherwise than by a decision of the court—14 days after the determination; or\nif, because of the determination of an appeal, the applicant is required to lodge security with the local government to ensure compliance with conditions to which the approval of the amendment is subject—14 days after lodgment of the security.\nFor the purposes of subsection (3) , if, before the end of the period mentioned in the subsection, the applicant gives a written notice to the local government stating that the applicant will not appeal against the local government’s decision, the time for starting an appeal is taken to have ended on receipt by the local government of the notice.\ns 48 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.48-ssec.1) The local government must submit the amendment of the scheme approved by it to the Minister.\n(sec.48-ssec.2) The amendment must be accompanied by— details of the assessment of the amendment of the scheme made by the local government; and details of any conditions determined by it in relation to the amendment; and details of any decision of the Planning and Environment Court in relation to the amendment; and any other matters required by the Minister.\n(sec.48-ssec.3) The amendment must be submitted to the Minister within— if the amendment is approved without conditions—14 days after the local government’s decision; or if the time for starting an appeal has ended and no appeal has been started— if security is required to be lodged with the local government to ensure compliance with the conditions to which the approval of the amendment is subject—14 days after lodgment of the security; or if security is not required—14 days after the end of the appeal period; or if (in a case to which paragraph (e) does not apply) an appeal has been made and the appeal has been determined by a decision of the court— 14 days after the decision; or another period determined by the court; or if (in a case to which paragraph (e) does not apply) an appeal has been made and the appeal has been determined otherwise than by a decision of the court—14 days after the determination; or if, because of the determination of an appeal, the applicant is required to lodge security with the local government to ensure compliance with conditions to which the approval of the amendment is subject—14 days after lodgment of the security.\n(sec.48-ssec.4) For the purposes of subsection (3) , if, before the end of the period mentioned in the subsection, the applicant gives a written notice to the local government stating that the applicant will not appeal against the local government’s decision, the time for starting an appeal is taken to have ended on receipt by the local government of the notice.\n- (a) details of the assessment of the amendment of the scheme made by the local government; and\n- (b) details of any conditions determined by it in relation to the amendment; and\n- (c) details of any decision of the Planning and Environment Court in relation to the amendment; and\n- (d) any other matters required by the Minister.\n- (a) if the amendment is approved without conditions—14 days after the local government’s decision; or\n- (b) if the time for starting an appeal has ended and no appeal has been started— (i) if security is required to be lodged with the local government to ensure compliance with the conditions to which the approval of the amendment is subject—14 days after lodgment of the security; or (ii) if security is not required—14 days after the end of the appeal period; or\n- (i) if security is required to be lodged with the local government to ensure compliance with the conditions to which the approval of the amendment is subject—14 days after lodgment of the security; or\n- (ii) if security is not required—14 days after the end of the appeal period; or\n- (c) if (in a case to which paragraph (e) does not apply) an appeal has been made and the appeal has been determined by a decision of the court— (i) 14 days after the decision; or (ii) another period determined by the court; or\n- (i) 14 days after the decision; or\n- (ii) another period determined by the court; or\n- (d) if (in a case to which paragraph (e) does not apply) an appeal has been made and the appeal has been determined otherwise than by a decision of the court—14 days after the determination; or\n- (e) if, because of the determination of an appeal, the applicant is required to lodge security with the local government to ensure compliance with conditions to which the approval of the amendment is subject—14 days after lodgment of the security.\n- (i) if security is required to be lodged with the local government to ensure compliance with the conditions to which the approval of the amendment is subject—14 days after lodgment of the security; or\n- (ii) if security is not required—14 days after the end of the appeal period; or\n- (i) 14 days after the decision; or\n- (ii) another period determined by the court; or","sortOrder":54},{"sectionNumber":"sec.49","sectionType":"section","heading":"Approval of amendment of scheme","content":"### sec.49 Approval of amendment of scheme\n\nThe Governor in Council may—\napprove the amendment; or\napprove the amendment with modifications or subject to conditions; or\nrefuse to approve the amendment.\nIf the amendment relates to additional land—\nthe additional land becomes part of the scheme; and\nthe additional land is to be subdivided under part 5 in the same way as land within the site of a scheme.\nIf the Governor in Council approves the amendment, the chief executive must—\nnotify the approval of the amendment by a gazette notice that specifies—\nthe modifications (if any) made by the approval and the conditions (if any) to which the approval is subject; and\nthe places where a copy of the approved amendment is available for inspection; and\nkeep a copy of the approved amendment available for inspection at the office of the chief executive at Brisbane at all times during which the office of the chief executive is open for the transaction of public business; and\nnote the approval on any plan of development; and\nsend a copy of the approved amendment and any plan of development each endorsed by the chief executive to the registrar of titles and the local government.\nThe chief executive must, on payment by a person of the reasonable fee decided by the chief executive, give a copy of the amendment to the person.\nThe registrar of titles must note the amendment on the plan of development.\ns 49 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.49-ssec.1) The Governor in Council may— approve the amendment; or approve the amendment with modifications or subject to conditions; or refuse to approve the amendment.\n(sec.49-ssec.2) If the amendment relates to additional land— the additional land becomes part of the scheme; and the additional land is to be subdivided under part 5 in the same way as land within the site of a scheme.\n(sec.49-ssec.3) If the Governor in Council approves the amendment, the chief executive must— notify the approval of the amendment by a gazette notice that specifies— the modifications (if any) made by the approval and the conditions (if any) to which the approval is subject; and the places where a copy of the approved amendment is available for inspection; and keep a copy of the approved amendment available for inspection at the office of the chief executive at Brisbane at all times during which the office of the chief executive is open for the transaction of public business; and note the approval on any plan of development; and send a copy of the approved amendment and any plan of development each endorsed by the chief executive to the registrar of titles and the local government.\n(sec.49-ssec.4) The chief executive must, on payment by a person of the reasonable fee decided by the chief executive, give a copy of the amendment to the person.\n(sec.49-ssec.5) The registrar of titles must note the amendment on the plan of development.\n- (a) approve the amendment; or\n- (b) approve the amendment with modifications or subject to conditions; or\n- (c) refuse to approve the amendment.\n- (a) the additional land becomes part of the scheme; and\n- (b) the additional land is to be subdivided under part 5 in the same way as land within the site of a scheme.\n- (a) notify the approval of the amendment by a gazette notice that specifies— (i) the modifications (if any) made by the approval and the conditions (if any) to which the approval is subject; and (ii) the places where a copy of the approved amendment is available for inspection; and\n- (i) the modifications (if any) made by the approval and the conditions (if any) to which the approval is subject; and\n- (ii) the places where a copy of the approved amendment is available for inspection; and\n- (b) keep a copy of the approved amendment available for inspection at the office of the chief executive at Brisbane at all times during which the office of the chief executive is open for the transaction of public business; and\n- (c) note the approval on any plan of development; and\n- (d) send a copy of the approved amendment and any plan of development each endorsed by the chief executive to the registrar of titles and the local government.\n- (i) the modifications (if any) made by the approval and the conditions (if any) to which the approval is subject; and\n- (ii) the places where a copy of the approved amendment is available for inspection; and","sortOrder":55},{"sectionNumber":"sec.50","sectionType":"section","heading":"Notation of amendment","content":"### sec.50 Notation of amendment\n\nIf the amendment relates to additional land, the local government and the chief executive must each make an appropriate notation of the approved amendment on—\nrelevant zoning maps; and\nany relevant regulatory maps; and\nany relevant development control plan maps.\ns 50 amd 1999 No. 30 s 98 sch 3 pt 1\n- (a) relevant zoning maps; and\n- (b) any relevant regulatory maps; and\n- (c) any relevant development control plan maps.","sortOrder":56},{"sectionNumber":"sec.51","sectionType":"section","heading":"Minor variation of precinct boundaries","content":"### sec.51 Minor variation of precinct boundaries\n\nThe relevant local government may approve an application to vary the boundaries of a precinct if, in its opinion, the variation is minor.\nIf the local government approves the variation, it must submit it to the Minister.\nThe Minister may—\napprove the variation; or\nrefuse to approve the variation.\nThe provisions of this Act that apply to—\nthe approval of a scheme; or\nthe approval of an amendment of a scheme;\ndo not apply to the approval of a minor variation under this section.\nIf the Minister approves the variation, the chief executive must give the registrar of titles and the local government a new plan of development that includes the minor variation.\ns 51 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.51-ssec.1) The relevant local government may approve an application to vary the boundaries of a precinct if, in its opinion, the variation is minor.\n(sec.51-ssec.2) If the local government approves the variation, it must submit it to the Minister.\n(sec.51-ssec.3) The Minister may— approve the variation; or refuse to approve the variation.\n(sec.51-ssec.4) The provisions of this Act that apply to— the approval of a scheme; or the approval of an amendment of a scheme; do not apply to the approval of a minor variation under this section.\n(sec.51-ssec.5) If the Minister approves the variation, the chief executive must give the registrar of titles and the local government a new plan of development that includes the minor variation.\n- (a) approve the variation; or\n- (b) refuse to approve the variation.\n- (a) the approval of a scheme; or\n- (b) the approval of an amendment of a scheme;","sortOrder":57},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Appeals","content":"## Appeals","sortOrder":58},{"sectionNumber":"sec.52","sectionType":"section","heading":"Appeals to the Planning and Environment Court","content":"### sec.52 Appeals to the Planning and Environment Court\n\nThis section applies to the following decisions of a local government—\na decision refusing to approve a scheme;\na decision approving a scheme subject to conditions;\na decision refusing to approve an amendment of a scheme;\na decision approving an amendment of a scheme subject to conditions;\na decision refusing to approve a subsequent stage;\na decision approving a subsequent stage subject to conditions;\na decision refusing a provisional approval of a future development area;\na decision approving a provisional approval of a future development area subject to conditions.\nAn applicant may appeal to the Planning and Environment Court in relation to—\na decision to which this section applies; and\na failure of a local government to decide an application under this part within the time prescribed by this part.\nA person may appeal in relation to a decision mentioned in subsection (1) (g) only if—\nthe application under division 1 that identifies the future development area has been approved; or\nif the application under division 1 has been refused—an appeal against this refusal accompanies the appeal in relation to the decision mentioned in subsection (1) (g) .\nFor the purposes of subsection (2) (b) , a failure of local government to decide an application is taken to be a refusal of the local government to approve the application.\nIf—\nan application under this part accompanies an application for amendment of a planning scheme; and\nboth applications are refused by the local government;\nan appeal may be made in relation to the application under this part only if an appeal is also made in relation to the other application.\nPart 7 (Appeals) of the Local Government (Planning and Environment) Act 1990 applies to an appeal under this section with any necessary modifications.\ns 52 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.52-ssec.1) This section applies to the following decisions of a local government— a decision refusing to approve a scheme; a decision approving a scheme subject to conditions; a decision refusing to approve an amendment of a scheme; a decision approving an amendment of a scheme subject to conditions; a decision refusing to approve a subsequent stage; a decision approving a subsequent stage subject to conditions; a decision refusing a provisional approval of a future development area; a decision approving a provisional approval of a future development area subject to conditions.\n(sec.52-ssec.2) An applicant may appeal to the Planning and Environment Court in relation to— a decision to which this section applies; and a failure of a local government to decide an application under this part within the time prescribed by this part.\n(sec.52-ssec.3) A person may appeal in relation to a decision mentioned in subsection (1) (g) only if— the application under division 1 that identifies the future development area has been approved; or if the application under division 1 has been refused—an appeal against this refusal accompanies the appeal in relation to the decision mentioned in subsection (1) (g) .\n(sec.52-ssec.4) For the purposes of subsection (2) (b) , a failure of local government to decide an application is taken to be a refusal of the local government to approve the application.\n(sec.52-ssec.5) If— an application under this part accompanies an application for amendment of a planning scheme; and both applications are refused by the local government; an appeal may be made in relation to the application under this part only if an appeal is also made in relation to the other application.\n(sec.52-ssec.6) Part 7 (Appeals) of the Local Government (Planning and Environment) Act 1990 applies to an appeal under this section with any necessary modifications.\n- (a) a decision refusing to approve a scheme;\n- (b) a decision approving a scheme subject to conditions;\n- (c) a decision refusing to approve an amendment of a scheme;\n- (d) a decision approving an amendment of a scheme subject to conditions;\n- (e) a decision refusing to approve a subsequent stage;\n- (f) a decision approving a subsequent stage subject to conditions;\n- (g) a decision refusing a provisional approval of a future development area;\n- (h) a decision approving a provisional approval of a future development area subject to conditions.\n- (a) a decision to which this section applies; and\n- (b) a failure of a local government to decide an application under this part within the time prescribed by this part.\n- (a) the application under division 1 that identifies the future development area has been approved; or\n- (b) if the application under division 1 has been refused—an appeal against this refusal accompanies the appeal in relation to the decision mentioned in subsection (1) (g) .\n- (a) an application under this part accompanies an application for amendment of a planning scheme; and\n- (b) both applications are refused by the local government;","sortOrder":59},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"Effect of approval of scheme","content":"## Effect of approval of scheme","sortOrder":60},{"sectionNumber":"sec.53","sectionType":"section","heading":"Approved scheme regulates development etc. of site","content":"### sec.53 Approved scheme regulates development etc. of site\n\nThe mixed use scheme regulates the development and use of land within the site.\nThe mixed use scheme modifies any planning scheme in force in relation to the site to the extent the planning scheme is inconsistent with the mixed use scheme.\nHowever, the mixed use scheme cannot increase the uses permitted by the planning scheme.\nPart 5 (Subdivision applications) of the Local Government (Planning and Environment) Act 1990 does not apply to the site.\nSubdivision of land by-laws made under the Local Government Act 1936 do not apply to the site.\nBy-laws or ordinances made by a local authority under any Act do not apply to the site so far as they are inconsistent with this Act or the scheme.\nAny land, building or structure may be used within a precinct without the consent of the local government, for any of the purposes set out in the scheme as a permitted use in relation to the precinct.\ns 53 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.53-ssec.1) The mixed use scheme regulates the development and use of land within the site.\n(sec.53-ssec.2) The mixed use scheme modifies any planning scheme in force in relation to the site to the extent the planning scheme is inconsistent with the mixed use scheme.\n(sec.53-ssec.3) However, the mixed use scheme cannot increase the uses permitted by the planning scheme.\n(sec.53-ssec.4) Part 5 (Subdivision applications) of the Local Government (Planning and Environment) Act 1990 does not apply to the site.\n(sec.53-ssec.5) Subdivision of land by-laws made under the Local Government Act 1936 do not apply to the site.\n(sec.53-ssec.6) By-laws or ordinances made by a local authority under any Act do not apply to the site so far as they are inconsistent with this Act or the scheme.\n(sec.53-ssec.7) Any land, building or structure may be used within a precinct without the consent of the local government, for any of the purposes set out in the scheme as a permitted use in relation to the precinct.","sortOrder":61},{"sectionNumber":"pt.3-div.6","sectionType":"division","heading":"Rescission of approved schemes","content":"## Rescission of approved schemes","sortOrder":62},{"sectionNumber":"sec.54","sectionType":"section","heading":"Application for rescission","content":"### sec.54 Application for rescission\n\nThe applicant may apply to the Minister for rescission of the scheme.\nThe application may be made only if no plan of subdivision has been registered under this Act.\nHowever, the application may be made if all plans that have been registered have been extinguished under section 108 .\nIf all plans have been extinguished, the application for rescission must be made by all proprietors within the site.\n(sec.54-ssec.1) The applicant may apply to the Minister for rescission of the scheme.\n(sec.54-ssec.2) The application may be made only if no plan of subdivision has been registered under this Act.\n(sec.54-ssec.3) However, the application may be made if all plans that have been registered have been extinguished under section 108 .\n(sec.54-ssec.4) If all plans have been extinguished, the application for rescission must be made by all proprietors within the site.","sortOrder":63},{"sectionNumber":"sec.55","sectionType":"section","heading":"Rescission of approval","content":"### sec.55 Rescission of approval\n\nThe Minister must consider the application and discuss it with the local government.\nThe Governor in Council may—\napprove the rescission; or\napprove the rescission subject to conditions; or\nrefuse to approve the rescission.\nIf the Governor in Council approves the rescission, the chief executive must—\nnotify the approval of the rescission by a gazette notice that specifies—\nthe conditions (if any) to which the approval is subject; and\nthe places where a copy of the approved rescission is available for inspection; and\nkeep a copy of the approval available for inspection at the office of the chief executive at Brisbane at all times during which the office is open for the transaction of public business; and\nnote the rescission on the plan of development; and\nsend a copy of the approval to the registrar of titles and the local government.\nThe chief executive must, on payment by a person of the reasonable fee decided by the chief executive, give a copy of the approval of the rescission to the person.\nThe registrar of titles must note the rescission on the plan of development.\ns 55 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.55-ssec.1) The Minister must consider the application and discuss it with the local government.\n(sec.55-ssec.2) The Governor in Council may— approve the rescission; or approve the rescission subject to conditions; or refuse to approve the rescission.\n(sec.55-ssec.3) If the Governor in Council approves the rescission, the chief executive must— notify the approval of the rescission by a gazette notice that specifies— the conditions (if any) to which the approval is subject; and the places where a copy of the approved rescission is available for inspection; and keep a copy of the approval available for inspection at the office of the chief executive at Brisbane at all times during which the office is open for the transaction of public business; and note the rescission on the plan of development; and send a copy of the approval to the registrar of titles and the local government.\n(sec.55-ssec.4) The chief executive must, on payment by a person of the reasonable fee decided by the chief executive, give a copy of the approval of the rescission to the person.\n(sec.55-ssec.5) The registrar of titles must note the rescission on the plan of development.\n- (a) approve the rescission; or\n- (b) approve the rescission subject to conditions; or\n- (c) refuse to approve the rescission.\n- (a) notify the approval of the rescission by a gazette notice that specifies— (i) the conditions (if any) to which the approval is subject; and (ii) the places where a copy of the approved rescission is available for inspection; and\n- (i) the conditions (if any) to which the approval is subject; and\n- (ii) the places where a copy of the approved rescission is available for inspection; and\n- (b) keep a copy of the approval available for inspection at the office of the chief executive at Brisbane at all times during which the office is open for the transaction of public business; and\n- (c) note the rescission on the plan of development; and\n- (d) send a copy of the approval to the registrar of titles and the local government.\n- (i) the conditions (if any) to which the approval is subject; and\n- (ii) the places where a copy of the approved rescission is available for inspection; and","sortOrder":64},{"sectionNumber":"sec.56","sectionType":"section","heading":"Notation of rescission","content":"### sec.56 Notation of rescission\n\nThe local government and chief executive must each make an appropriate notation of the rescission of the scheme on—\nrelevant zoning maps; and\nany relevant regulatory maps; and\nany relevant development control maps.\ns 56 amd 1999 No. 30 s 98 sch 3 pt 1\n- (a) relevant zoning maps; and\n- (b) any relevant regulatory maps; and\n- (c) any relevant development control maps.","sortOrder":65},{"sectionNumber":"sec.57","sectionType":"section","heading":"Effect of rescission","content":"### sec.57 Effect of rescission\n\nOn rescission of an approved scheme—\nthe provisions of this Act that applied because of the scheme no longer apply; and\nthe provisions of the Canals Act 1958 prescribed for the purposes of section 156 again apply.\nNothing in subsection (1) affects anything lawfully done before the rescission of the approved scheme.\n(sec.57-ssec.1) On rescission of an approved scheme— the provisions of this Act that applied because of the scheme no longer apply; and the provisions of the Canals Act 1958 prescribed for the purposes of section 156 again apply.\n(sec.57-ssec.2) Nothing in subsection (1) affects anything lawfully done before the rescission of the approved scheme.\n- (a) the provisions of this Act that applied because of the scheme no longer apply; and\n- (b) the provisions of the Canals Act 1958 prescribed for the purposes of section 156 again apply.","sortOrder":66},{"sectionNumber":"pt.3-div.7","sectionType":"division","heading":"Unauthorised uses","content":"## Unauthorised uses","sortOrder":67},{"sectionNumber":"sec.58","sectionType":"section","heading":"Use of construction works","content":"### sec.58 Use of construction works\n\nA person must not use construction works that have been undertaken in a future development area unless the works are situated in a subsequent stage that has been approved under division 1 .\nMaximum penalty—500 penalty units.","sortOrder":68},{"sectionNumber":"sec.59","sectionType":"section","heading":"Use of land etc. within a precinct","content":"### sec.59 Use of land etc. within a precinct\n\nA person must not use land, or a building or other structure, within a precinct for a use that is not a use specified in the scheme as a permitted use in relation to the precinct.\nMaximum penalty—200 penalty units.","sortOrder":69},{"sectionNumber":"pt.4","sectionType":"part","heading":"The site","content":"# The site","sortOrder":70},{"sectionNumber":"sec.60","sectionType":"section","heading":"The site","content":"### sec.60 The site\n\nThe site of a scheme consists of all land within the boundaries of the site set out in the scheme.\nThe site must consist only of freehold land and land intended to be freeholded.\nDespite any other Act or law, the site may include land mentioned in subsection (2) that is, or may become, inundated by water or subject to tidal influence.\nThe boundaries of the site may enclose 2 or more parcels of land, but only to the extent that this is necessary because a road, railway, tramway or boundary watercourse that is not intended to be freeholded divides the parcels.\n(sec.60-ssec.1) The site of a scheme consists of all land within the boundaries of the site set out in the scheme.\n(sec.60-ssec.2) The site must consist only of freehold land and land intended to be freeholded.\n(sec.60-ssec.3) Despite any other Act or law, the site may include land mentioned in subsection (2) that is, or may become, inundated by water or subject to tidal influence.\n(sec.60-ssec.4) The boundaries of the site may enclose 2 or more parcels of land, but only to the extent that this is necessary because a road, railway, tramway or boundary watercourse that is not intended to be freeholded divides the parcels.","sortOrder":71},{"sectionNumber":"sec.61","sectionType":"section","heading":"Grant of Crown land","content":"### sec.61 Grant of Crown land\n\nThe power conferred by the Land Act 1962 on the Governor in Council to grant in fee simple any Crown land within Queensland includes, in relation to Crown land included or to be included as part of a scheme, power to grant the land in fee simple to an applicant, on payment of the amount that the Governor in Council determines, in priority to and to exclusion of all other persons.\nSubsection (1) applies despite the Land Act 1962 .\nThe power applies only to land—\nthat is necessary to regularise the boundaries of the site and is required in relation to works to be carried out on the site; and\nthat, following development of the site, is of a shape that cannot reasonably be used otherwise than in relation to the site.\n(sec.61-ssec.1) The power conferred by the Land Act 1962 on the Governor in Council to grant in fee simple any Crown land within Queensland includes, in relation to Crown land included or to be included as part of a scheme, power to grant the land in fee simple to an applicant, on payment of the amount that the Governor in Council determines, in priority to and to exclusion of all other persons.\n(sec.61-ssec.2) Subsection (1) applies despite the Land Act 1962 .\n(sec.61-ssec.3) The power applies only to land— that is necessary to regularise the boundaries of the site and is required in relation to works to be carried out on the site; and that, following development of the site, is of a shape that cannot reasonably be used otherwise than in relation to the site.\n- (a) that is necessary to regularise the boundaries of the site and is required in relation to works to be carried out on the site; and\n- (b) that, following development of the site, is of a shape that cannot reasonably be used otherwise than in relation to the site.","sortOrder":72},{"sectionNumber":"sec.62","sectionType":"section","heading":"Site forms part of local authority area","content":"### sec.62 Site forms part of local authority area\n\nIf a part of the site is not within the area of any local government, the part forms part of the area of the local government to which application in relation to a scheme was made.\nSubsection (1) applies despite any other Act.\ns 62 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.62-ssec.1) If a part of the site is not within the area of any local government, the part forms part of the area of the local government to which application in relation to a scheme was made.\n(sec.62-ssec.2) Subsection (1) applies despite any other Act.","sortOrder":73},{"sectionNumber":"pt.5","sectionType":"part","heading":"Subdivision of site","content":"# Subdivision of site","sortOrder":74},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Subdivision of site by community plan","content":"## Subdivision of site by community plan","sortOrder":75},{"sectionNumber":"sec.63","sectionType":"section","heading":"Lodgment of community plan","content":"### sec.63 Lodgment of community plan\n\nAfter the approval of a scheme by the Governor in Council, the proprietor of land within the site must lodge with the local government a community plan subdividing land within the site into—\na lot that comprises, or lots that together comprise, the community property as provided for in the scheme; and\na community development lot that comprises, or community development lots that together comprise, the balance of the land within the site.\nThe community plan must—\nidentify the community property; and\nbe accompanied by a schedule setting out the voting entitlement applicable to each community development lot.\ns 63 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.63-ssec.1) After the approval of a scheme by the Governor in Council, the proprietor of land within the site must lodge with the local government a community plan subdividing land within the site into— a lot that comprises, or lots that together comprise, the community property as provided for in the scheme; and a community development lot that comprises, or community development lots that together comprise, the balance of the land within the site.\n(sec.63-ssec.2) The community plan must— identify the community property; and be accompanied by a schedule setting out the voting entitlement applicable to each community development lot.\n- (a) a lot that comprises, or lots that together comprise, the community property as provided for in the scheme; and\n- (b) a community development lot that comprises, or community development lots that together comprise, the balance of the land within the site.\n- (a) identify the community property; and\n- (b) be accompanied by a schedule setting out the voting entitlement applicable to each community development lot.","sortOrder":76},{"sectionNumber":"sec.64","sectionType":"section","heading":"Approval of community plan","content":"### sec.64 Approval of community plan\n\nThe local government may approve a community plan and schedule only if it is satisfied that—\neach lot comprising community property is shown on—\nthe plan; or\na previous plan approved by the local government that forms part of the community plan; and\neach community development lot has access to a dedicated road outside the site directly or through the community thoroughfare that is, or is to be, constructed on the community property; and\nif there is more than 1 community development lot in a precinct—the combined voting entitlement of the lots equals the voting entitlement of the precinct; and\nthe provisions of the scheme that apply to the lots on the plan have been complied with; and\nthe lots on the plan have been, or will be, provided with essential services.\nFor the purposes of subsection (1) (b) —\nif the site is on an island and there is no dedicated road adjoining the site—a community development lot is taken to have access to a dedicated road if the lot or the community thoroughfare adjoins the foreshore; or\nif the site is remote and there is no dedicated road adjoining the site—a community development lot is taken to have access to a dedicated road if the Minister has advised the local government that the Minister is satisfied that there is appropriate access to the site.\nIf a community development lot is taken to have access to a dedicated road under subsection (2) , a lot is also taken to have access to a dedicated road if created by the subdivision of—\nthe community development lot; or\na lot created by the subdivision of the community development lot.\nSubsection (3) has effect subject to the provisions of this Act that relate to access.\ns 64 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.64-ssec.1) The local government may approve a community plan and schedule only if it is satisfied that— each lot comprising community property is shown on— the plan; or a previous plan approved by the local government that forms part of the community plan; and each community development lot has access to a dedicated road outside the site directly or through the community thoroughfare that is, or is to be, constructed on the community property; and if there is more than 1 community development lot in a precinct—the combined voting entitlement of the lots equals the voting entitlement of the precinct; and the provisions of the scheme that apply to the lots on the plan have been complied with; and the lots on the plan have been, or will be, provided with essential services.\n(sec.64-ssec.2) For the purposes of subsection (1) (b) — if the site is on an island and there is no dedicated road adjoining the site—a community development lot is taken to have access to a dedicated road if the lot or the community thoroughfare adjoins the foreshore; or if the site is remote and there is no dedicated road adjoining the site—a community development lot is taken to have access to a dedicated road if the Minister has advised the local government that the Minister is satisfied that there is appropriate access to the site.\n(sec.64-ssec.3) If a community development lot is taken to have access to a dedicated road under subsection (2) , a lot is also taken to have access to a dedicated road if created by the subdivision of— the community development lot; or a lot created by the subdivision of the community development lot.\n(sec.64-ssec.4) Subsection (3) has effect subject to the provisions of this Act that relate to access.\n- (a) each lot comprising community property is shown on— (i) the plan; or (ii) a previous plan approved by the local government that forms part of the community plan; and\n- (i) the plan; or\n- (ii) a previous plan approved by the local government that forms part of the community plan; and\n- (b) each community development lot has access to a dedicated road outside the site directly or through the community thoroughfare that is, or is to be, constructed on the community property; and\n- (c) if there is more than 1 community development lot in a precinct—the combined voting entitlement of the lots equals the voting entitlement of the precinct; and\n- (d) the provisions of the scheme that apply to the lots on the plan have been complied with; and\n- (e) the lots on the plan have been, or will be, provided with essential services.\n- (i) the plan; or\n- (ii) a previous plan approved by the local government that forms part of the community plan; and\n- (a) if the site is on an island and there is no dedicated road adjoining the site—a community development lot is taken to have access to a dedicated road if the lot or the community thoroughfare adjoins the foreshore; or\n- (b) if the site is remote and there is no dedicated road adjoining the site—a community development lot is taken to have access to a dedicated road if the Minister has advised the local government that the Minister is satisfied that there is appropriate access to the site.\n- (a) the community development lot; or\n- (b) a lot created by the subdivision of the community development lot.","sortOrder":77},{"sectionNumber":"sec.65","sectionType":"section","heading":"Registration of community plan","content":"### sec.65 Registration of community plan\n\nThe registrar of titles may register a community plan only if—\nit includes the subdivision of the site into a lot or lots comprising the community property or a plan that forms part of the community plan has previously created community property and been registered by the registrar of titles; and\nit is accompanied by a schedule setting out the voting entitlement applicable to each community development lot; and\nthe plan and the schedule have been approved by the local government.\nIn determining whether a lot has access to a dedicated road, the registrar of titles is not obliged to make inquiries but may rely on the local government’s approval of the plan.\ns 65 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.65-ssec.1) The registrar of titles may register a community plan only if— it includes the subdivision of the site into a lot or lots comprising the community property or a plan that forms part of the community plan has previously created community property and been registered by the registrar of titles; and it is accompanied by a schedule setting out the voting entitlement applicable to each community development lot; and the plan and the schedule have been approved by the local government.\n(sec.65-ssec.2) In determining whether a lot has access to a dedicated road, the registrar of titles is not obliged to make inquiries but may rely on the local government’s approval of the plan.\n- (a) it includes the subdivision of the site into a lot or lots comprising the community property or a plan that forms part of the community plan has previously created community property and been registered by the registrar of titles; and\n- (b) it is accompanied by a schedule setting out the voting entitlement applicable to each community development lot; and\n- (c) the plan and the schedule have been approved by the local government.","sortOrder":78},{"sectionNumber":"sec.66","sectionType":"section","heading":"Vesting of community property in community body corporate","content":"### sec.66 Vesting of community property in community body corporate\n\nOn registration of the community plan creating lots comprising the community property and after registration of the necessary transfer by the registrar of titles, the lots are transferred to the community body corporate.\nIf land that is to become community property is mortgaged, the transfer may be registered only if the mortgage has been released.\nThe registrar of titles must issue certificates of title in the name of the community body corporate.\nThe community body corporate must not be required to make any payment or provide any consideration for the transfer.\nThis section does not affect the operation of section 150 .\n(sec.66-ssec.1) On registration of the community plan creating lots comprising the community property and after registration of the necessary transfer by the registrar of titles, the lots are transferred to the community body corporate.\n(sec.66-ssec.2) If land that is to become community property is mortgaged, the transfer may be registered only if the mortgage has been released.\n(sec.66-ssec.3) The registrar of titles must issue certificates of title in the name of the community body corporate.\n(sec.66-ssec.4) The community body corporate must not be required to make any payment or provide any consideration for the transfer.\n(sec.66-ssec.5) This section does not affect the operation of section 150 .","sortOrder":79},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Amalgamation of community development lots by community plan of amalgamation","content":"## Amalgamation of community development lots by community plan of amalgamation","sortOrder":80},{"sectionNumber":"sec.67","sectionType":"section","heading":"Community plan of amalgamation","content":"### sec.67 Community plan of amalgamation\n\nThe proprietor of 2 or more community development lots on a community plan may amalgamate the lots by a community plan of amalgamation.\nThe community plan of amalgamation must—\nbe lodged with the local government; and\nbe accompanied by a schedule setting out the voting entitlement that is to apply to the new community development lot.\ns 67 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.67-ssec.1) The proprietor of 2 or more community development lots on a community plan may amalgamate the lots by a community plan of amalgamation.\n(sec.67-ssec.2) The community plan of amalgamation must— be lodged with the local government; and be accompanied by a schedule setting out the voting entitlement that is to apply to the new community development lot.\n- (a) be lodged with the local government; and\n- (b) be accompanied by a schedule setting out the voting entitlement that is to apply to the new community development lot.","sortOrder":81},{"sectionNumber":"sec.68","sectionType":"section","heading":"Approval of community plan of amalgamation","content":"### sec.68 Approval of community plan of amalgamation\n\nA local government may approve a community plan of amalgamation and schedule only if it is satisfied that—\nthe voting entitlement that is to apply to the new community development lot equals the total voting entitlement that applies to the community development lots being amalgamated; and\nthe provisions of the scheme that apply to the amalgamated lot have been complied with; and\nthe amalgamated lot has been, or will be, provided with essential services.\ns 68 amd 1999 No. 30 s 98 sch 3 pt 1\n- (a) the voting entitlement that is to apply to the new community development lot equals the total voting entitlement that applies to the community development lots being amalgamated; and\n- (b) the provisions of the scheme that apply to the amalgamated lot have been complied with; and\n- (c) the amalgamated lot has been, or will be, provided with essential services.","sortOrder":82},{"sectionNumber":"sec.69","sectionType":"section","heading":"Registration of community plan of amalgamation","content":"### sec.69 Registration of community plan of amalgamation\n\nThe registrar of titles may register a community plan of amalgamation only if—\nit is accompanied by a schedule setting out the voting entitlement that is to apply to the new community development lot; and\nthe plan and schedule have been approved by the local government.\ns 69 amd 1999 No. 30 s 98 sch 3 pt 1\n- (a) it is accompanied by a schedule setting out the voting entitlement that is to apply to the new community development lot; and\n- (b) the plan and schedule have been approved by the local government.","sortOrder":83},{"sectionNumber":"sec.70","sectionType":"section","heading":"Notice of amalgamation","content":"### sec.70 Notice of amalgamation\n\nOn registration of the community plan of amalgamation, the proprietor of the new community development lot must give written notice to the community body corporate of—\nthe proprietor’s full name and address for service; and\nthe date of registration of the community plan of amalgamation; and\nthe description of the community development lots amalgamated; and\nthe description of the new community development lot; and\nthe voting entitlement that applies to the new community development lot.\n- (a) the proprietor’s full name and address for service; and\n- (b) the date of registration of the community plan of amalgamation; and\n- (c) the description of the community development lots amalgamated; and\n- (d) the description of the new community development lot; and\n- (e) the voting entitlement that applies to the new community development lot.","sortOrder":84},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Subdivision of community development lot by community plan of subdivision","content":"## Subdivision of community development lot by community plan of subdivision","sortOrder":85},{"sectionNumber":"sec.71","sectionType":"section","heading":"Community plan of subdivision","content":"### sec.71 Community plan of subdivision\n\nThe proprietor of a community development lot may subdivide it by a community plan of subdivision into—\n2 or more community development lots; or\n1 or more community development lots and 1 or more community property lots.\nThe community plan of subdivision must—\nbe lodged with the local government; and\nbe accompanied by a schedule setting out the voting entitlement that is to apply to each community development lot created by the plan.\nThe proprietor may lodge a community plan of subdivision that creates a community property lot only if—\ndetails of the proposed subdivision have been set out in a motion given to the members of the community body corporate; and\nthe motion has been carried by comprehensive resolution.\ns 71 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.71-ssec.1) The proprietor of a community development lot may subdivide it by a community plan of subdivision into— 2 or more community development lots; or 1 or more community development lots and 1 or more community property lots.\n(sec.71-ssec.2) The community plan of subdivision must— be lodged with the local government; and be accompanied by a schedule setting out the voting entitlement that is to apply to each community development lot created by the plan.\n(sec.71-ssec.3) The proprietor may lodge a community plan of subdivision that creates a community property lot only if— details of the proposed subdivision have been set out in a motion given to the members of the community body corporate; and the motion has been carried by comprehensive resolution.\n- (a) 2 or more community development lots; or\n- (b) 1 or more community development lots and 1 or more community property lots.\n- (a) be lodged with the local government; and\n- (b) be accompanied by a schedule setting out the voting entitlement that is to apply to each community development lot created by the plan.\n- (a) details of the proposed subdivision have been set out in a motion given to the members of the community body corporate; and\n- (b) the motion has been carried by comprehensive resolution.","sortOrder":86},{"sectionNumber":"sec.72","sectionType":"section","heading":"Approval of community plan of subdivision","content":"### sec.72 Approval of community plan of subdivision\n\nA local government may approve a community plan of subdivision and schedule only if it is satisfied that—\nthe total voting entitlement that is to apply to the new community development lot or lots equals the voting entitlement that applies to the community development lot being subdivided; and\neach new community development lot has access to a dedicated road outside the site directly or through the community thoroughfare that is, or is to be constructed, on a lot that comprises or on lots that comprise the community property; and\nthe provisions of the scheme that apply to the lots on the plan have been complied with; and\nthe lots on the plan have been, or will be, provided with essential services.\ns 72 amd 1999 No. 30 s 98 sch 3 pt 1\n- (a) the total voting entitlement that is to apply to the new community development lot or lots equals the voting entitlement that applies to the community development lot being subdivided; and\n- (b) each new community development lot has access to a dedicated road outside the site directly or through the community thoroughfare that is, or is to be constructed, on a lot that comprises or on lots that comprise the community property; and\n- (c) the provisions of the scheme that apply to the lots on the plan have been complied with; and\n- (d) the lots on the plan have been, or will be, provided with essential services.","sortOrder":87},{"sectionNumber":"sec.73","sectionType":"section","heading":"Registration of community plan of subdivision","content":"### sec.73 Registration of community plan of subdivision\n\nThe registrar of titles may register a community plan of subdivision only if—\nit is accompanied by a schedule setting out the voting entitlement that is to apply to each community development lot created by the plan; and\nthe plan and the schedule have been approved by the local government.\nIn determining whether a lot has access to a dedicated road, the registrar of titles is not obliged to make inquiries but may rely on the local government’s approval of the plan.\ns 73 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.73-ssec.1) The registrar of titles may register a community plan of subdivision only if— it is accompanied by a schedule setting out the voting entitlement that is to apply to each community development lot created by the plan; and the plan and the schedule have been approved by the local government.\n(sec.73-ssec.2) In determining whether a lot has access to a dedicated road, the registrar of titles is not obliged to make inquiries but may rely on the local government’s approval of the plan.\n- (a) it is accompanied by a schedule setting out the voting entitlement that is to apply to each community development lot created by the plan; and\n- (b) the plan and the schedule have been approved by the local government.","sortOrder":88},{"sectionNumber":"sec.74","sectionType":"section","heading":"Notice of subdivision","content":"### sec.74 Notice of subdivision\n\nOn registration of the community plan of subdivision, the proprietor of the new community development lots must give written notice to the community body corporate of—\nthe proprietor’s full name and address for service; and\nthe date of registration of the community plan of subdivision; and\nthe description of the community development lot subdivided; and\nthe description of the new community development lots; and\nthe voting entitlement that applies to each new community development lot.\n- (a) the proprietor’s full name and address for service; and\n- (b) the date of registration of the community plan of subdivision; and\n- (c) the description of the community development lot subdivided; and\n- (d) the description of the new community development lots; and\n- (e) the voting entitlement that applies to each new community development lot.","sortOrder":89},{"sectionNumber":"sec.75","sectionType":"section","heading":"Vesting of community property in community body corporate","content":"### sec.75 Vesting of community property in community body corporate\n\nOn registration of the community plan of subdivision creating or lots comprising the community property and after registration of the necessary transfer by the registrar of titles, the lots are transferred to the community body corporate.\nIf land that is to become community property is mortgaged, the transfer may be registered only if the mortgage has been released.\nThe registrar of titles must issue certificates of title in the name of the community body corporate.\nThe community body corporate must not be required to make any payment or provide any consideration for the transfer.\nThis section does not affect the operation of section 150 .\n(sec.75-ssec.1) On registration of the community plan of subdivision creating or lots comprising the community property and after registration of the necessary transfer by the registrar of titles, the lots are transferred to the community body corporate.\n(sec.75-ssec.2) If land that is to become community property is mortgaged, the transfer may be registered only if the mortgage has been released.\n(sec.75-ssec.3) The registrar of titles must issue certificates of title in the name of the community body corporate.\n(sec.75-ssec.4) The community body corporate must not be required to make any payment or provide any consideration for the transfer.\n(sec.75-ssec.5) This section does not affect the operation of section 150 .","sortOrder":90},{"sectionNumber":"pt.5-div.4","sectionType":"division","heading":"Subdivision of community development lot by stratum plan under pt 6","content":"## Subdivision of community development lot by stratum plan under pt 6","sortOrder":91},{"sectionNumber":"sec.76","sectionType":"section","heading":"Stratum subdivision of community development lot","content":"### sec.76 Stratum subdivision of community development lot\n\nThe proprietor of a community development lot may subdivide it by a stratum plan under part 6 into stratum lots called community stratum lots .\nThe stratum plan must—\nbe lodged with the local government; and\nbe accompanied by—\na schedule setting out the voting entitlement that is to apply to each community stratum lot created by the stratum plan; and\na management statement mentioned in part 6 .\ns 76 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.76-ssec.1) The proprietor of a community development lot may subdivide it by a stratum plan under part 6 into stratum lots called community stratum lots .\n(sec.76-ssec.2) The stratum plan must— be lodged with the local government; and be accompanied by— a schedule setting out the voting entitlement that is to apply to each community stratum lot created by the stratum plan; and a management statement mentioned in part 6 .\n- (a) be lodged with the local government; and\n- (b) be accompanied by— (i) a schedule setting out the voting entitlement that is to apply to each community stratum lot created by the stratum plan; and (ii) a management statement mentioned in part 6 .\n- (i) a schedule setting out the voting entitlement that is to apply to each community stratum lot created by the stratum plan; and\n- (ii) a management statement mentioned in part 6 .\n- (i) a schedule setting out the voting entitlement that is to apply to each community stratum lot created by the stratum plan; and\n- (ii) a management statement mentioned in part 6 .","sortOrder":92},{"sectionNumber":"sec.77","sectionType":"section","heading":"Approval of stratum plan","content":"### sec.77 Approval of stratum plan\n\nA local government may approve a stratum plan and schedule only if it is satisfied that—\nthe total voting entitlement that is to apply to the community stratum lots equals the voting entitlement that applied to the community development lot being subdivided; and\neach new community stratum lot has access to—\na dedicated road outside the site; or\nthe community thoroughfare; and\nthe provisions of the scheme that apply to the lots on the plan have been complied with; and\nthe lots on the plan have been, or will be, provided with essential services.\nIf the local government approves the stratum plan and the schedule, it may also approve the management statement.\nFor the purposes of this section, access need not be access by road.\ns 77 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.77-ssec.1) A local government may approve a stratum plan and schedule only if it is satisfied that— the total voting entitlement that is to apply to the community stratum lots equals the voting entitlement that applied to the community development lot being subdivided; and each new community stratum lot has access to— a dedicated road outside the site; or the community thoroughfare; and the provisions of the scheme that apply to the lots on the plan have been complied with; and the lots on the plan have been, or will be, provided with essential services.\n(sec.77-ssec.2) If the local government approves the stratum plan and the schedule, it may also approve the management statement.\n(sec.77-ssec.3) For the purposes of this section, access need not be access by road.\n- (a) the total voting entitlement that is to apply to the community stratum lots equals the voting entitlement that applied to the community development lot being subdivided; and\n- (b) each new community stratum lot has access to— (i) a dedicated road outside the site; or (ii) the community thoroughfare; and\n- (i) a dedicated road outside the site; or\n- (ii) the community thoroughfare; and\n- (c) the provisions of the scheme that apply to the lots on the plan have been complied with; and\n- (d) the lots on the plan have been, or will be, provided with essential services.\n- (i) a dedicated road outside the site; or\n- (ii) the community thoroughfare; and","sortOrder":93},{"sectionNumber":"pt.5-div.5","sectionType":"division","heading":"Subdivision of community development lot by building units or group titles plan","content":"## Subdivision of community development lot by building units or group titles plan","sortOrder":94},{"sectionNumber":"sec.78","sectionType":"section","heading":"Building units or group titles plan","content":"### sec.78 Building units or group titles plan\n\nIf a community development lot created by the registration of—\na community plan; or\na community plan of amalgamation; or\na community plan of subdivision;\nis not to be subdivided by a precinct plan under division 6 or a stratum plan under part 6 , it may be subdivided by a building units or group titles plan under this division.\n- (a) a community plan; or\n- (b) a community plan of amalgamation; or\n- (c) a community plan of subdivision;","sortOrder":95},{"sectionNumber":"sec.79","sectionType":"section","heading":"Lodgment of building units or group titles plan","content":"### sec.79 Lodgment of building units or group titles plan\n\nA building units or group titles plan must be lodged with the local government.\nA group titles plan must be accompanied by a statement by the proprietor of the community development lot—\nindicating whether or not it is proposed to subdivide any lot created by the group titles plan by the registration of a building units plan; and\nif it is proposed to do so—identifying the lot.\nIf—\na group titles plan creates lots; and\nat least 1 of the lots is proposed to be further subdivided by the registration of a building units plan;\nthe group titles plan must be accompanied by a schedule setting out, in relation to each lot proposed to be further subdivided, the maximum number of lots into which the lot may be subdivided.\nEach lot on a group titles plan must have access to a dedicated road whether directly or through—\nthe community thoroughfare; or\nthe common property.\nA group titles plan must also be accompanied by a diagram showing the name and numbering, or proposed name and numbering, of each road that is, or is to be, on the primary thoroughfare, or the part of the primary thoroughfare, shown on the plan.\ns 79 amd 1999 No. 30 s 98 sch 3 pt 1 ; 2009 No. 26 s 55\n(sec.79-ssec.1) A building units or group titles plan must be lodged with the local government.\n(sec.79-ssec.2) A group titles plan must be accompanied by a statement by the proprietor of the community development lot— indicating whether or not it is proposed to subdivide any lot created by the group titles plan by the registration of a building units plan; and if it is proposed to do so—identifying the lot.\n(sec.79-ssec.3) If— a group titles plan creates lots; and at least 1 of the lots is proposed to be further subdivided by the registration of a building units plan; the group titles plan must be accompanied by a schedule setting out, in relation to each lot proposed to be further subdivided, the maximum number of lots into which the lot may be subdivided.\n(sec.79-ssec.4) Each lot on a group titles plan must have access to a dedicated road whether directly or through— the community thoroughfare; or the common property.\n(sec.79-ssec.5) A group titles plan must also be accompanied by a diagram showing the name and numbering, or proposed name and numbering, of each road that is, or is to be, on the primary thoroughfare, or the part of the primary thoroughfare, shown on the plan.\n- (a) indicating whether or not it is proposed to subdivide any lot created by the group titles plan by the registration of a building units plan; and\n- (b) if it is proposed to do so—identifying the lot.\n- (a) a group titles plan creates lots; and\n- (b) at least 1 of the lots is proposed to be further subdivided by the registration of a building units plan;\n- (a) the community thoroughfare; or\n- (b) the common property.","sortOrder":96},{"sectionNumber":"sec.80","sectionType":"section","heading":"Approval of building units or group titles plan","content":"### sec.80 Approval of building units or group titles plan\n\nA local government may approve a group titles plan and schedule only if—\nit is satisfied that each lot created has the access mentioned in section 79 (4) ; and\nthe plan is accompanied by—\nthe statement mentioned in section 79 (2) ; and\nif applicable—the schedule mentioned in section 79 (3) ; and\nthe diagram mentioned in section 79 (5) .\nA local government may approve a building units plan that subdivides a group title lot only if it is satisfied that the group title lot has the access mentioned in section 79 (4) .\nIf the schedule accompanying a group titles plan indicates that it is proposed to further subdivide any lot created, the local government must endorse that fact on the plan.\ns 80 amd 1999 No. 30 s 98 sch 3 pt 1 ; 2009 No. 26 s 56\n(sec.80-ssec.1) A local government may approve a group titles plan and schedule only if— it is satisfied that each lot created has the access mentioned in section 79 (4) ; and the plan is accompanied by— the statement mentioned in section 79 (2) ; and if applicable—the schedule mentioned in section 79 (3) ; and the diagram mentioned in section 79 (5) .\n(sec.80-ssec.2) A local government may approve a building units plan that subdivides a group title lot only if it is satisfied that the group title lot has the access mentioned in section 79 (4) .\n(sec.80-ssec.3) If the schedule accompanying a group titles plan indicates that it is proposed to further subdivide any lot created, the local government must endorse that fact on the plan.\n- (a) it is satisfied that each lot created has the access mentioned in section 79 (4) ; and\n- (b) the plan is accompanied by— (i) the statement mentioned in section 79 (2) ; and (ii) if applicable—the schedule mentioned in section 79 (3) ; and (iii) the diagram mentioned in section 79 (5) .\n- (i) the statement mentioned in section 79 (2) ; and\n- (ii) if applicable—the schedule mentioned in section 79 (3) ; and\n- (iii) the diagram mentioned in section 79 (5) .\n- (i) the statement mentioned in section 79 (2) ; and\n- (ii) if applicable—the schedule mentioned in section 79 (3) ; and\n- (iii) the diagram mentioned in section 79 (5) .","sortOrder":97},{"sectionNumber":"sec.81","sectionType":"section","heading":"Registration of building units or group titles plan","content":"### sec.81 Registration of building units or group titles plan\n\nThe registrar of titles may register a building units or a group titles plan only if the plan and, if applicable, the schedule accompanying the plan, have been approved by the local government.\nIn determining whether a lot has access to a dedicated road, the registrar of titles does not have to make inquiries but may rely on the local government’s approval of the plan.\ns 81 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.81-ssec.1) The registrar of titles may register a building units or a group titles plan only if the plan and, if applicable, the schedule accompanying the plan, have been approved by the local government.\n(sec.81-ssec.2) In determining whether a lot has access to a dedicated road, the registrar of titles does not have to make inquiries but may rely on the local government’s approval of the plan.","sortOrder":98},{"sectionNumber":"sec.82","sectionType":"section","heading":"Subdivision of group title lot by building units plan","content":"### sec.82 Subdivision of group title lot by building units plan\n\nIf the statement accompanying a group titles plan identifies a group title lot that is proposed to be subdivided by way of a building units plan, the building units plan may be—\napproved by the local government; and\nregistered by the registrar of titles.\nThe Building Units and Group Titles Act 1980 , section 10 (1A) , does not apply to a subdivision by a building units plan mentioned in subsection (1) .\nDespite the Building Units and Group Titles Act 1980 , the registration of a building units plan under subsection (1) has effect as if the subdivision by the plan were a subdivision of the original group titles plan.\nIf a building units plan subdivides a lot created by a group titles plan, a further body corporate is not created by registration of the building units plan.\nFor the purposes of the Building Units and Group Titles Act 1980 , the body corporate created by registration of the group titles plan is taken to be the body corporate created by the registration of the building units plan.\nSubsections (4) and (5) apply despite section 27 of the Building Units and Group Titles Act 1980 .\ns 82 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.82-ssec.1) If the statement accompanying a group titles plan identifies a group title lot that is proposed to be subdivided by way of a building units plan, the building units plan may be— approved by the local government; and registered by the registrar of titles.\n(sec.82-ssec.2) The Building Units and Group Titles Act 1980 , section 10 (1A) , does not apply to a subdivision by a building units plan mentioned in subsection (1) .\n(sec.82-ssec.3) Despite the Building Units and Group Titles Act 1980 , the registration of a building units plan under subsection (1) has effect as if the subdivision by the plan were a subdivision of the original group titles plan.\n(sec.82-ssec.4) If a building units plan subdivides a lot created by a group titles plan, a further body corporate is not created by registration of the building units plan.\n(sec.82-ssec.5) For the purposes of the Building Units and Group Titles Act 1980 , the body corporate created by registration of the group titles plan is taken to be the body corporate created by the registration of the building units plan.\n(sec.82-ssec.6) Subsections (4) and (5) apply despite section 27 of the Building Units and Group Titles Act 1980 .\n- (a) approved by the local government; and\n- (b) registered by the registrar of titles.","sortOrder":99},{"sectionNumber":"sec.83","sectionType":"section","heading":"Subdivision of group title lot by group titles plan","content":"### sec.83 Subdivision of group title lot by group titles plan\n\nBefore a group title lot is subdivided by a building units plan, it may be subdivided by a group titles plan.\nSection 79 (2) and (3) apply to the subdivision of a group title lot by a group titles plan as if it were the subdivision of a community development lot by a group titles plan.\nThe number of lots created by the subdivision of the group title lot by a further group titles plan, and then by a building units plan, must not exceed the number of lots indicated on the schedule under section 79 (3) in relation to the subdivision of the community development lot by the group titles plan.\nSections 80 and 81 relating to approval by a local government and registration by the registrar of titles apply to a plan mentioned in this section.\ns 83 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.83-ssec.1) Before a group title lot is subdivided by a building units plan, it may be subdivided by a group titles plan.\n(sec.83-ssec.2) Section 79 (2) and (3) apply to the subdivision of a group title lot by a group titles plan as if it were the subdivision of a community development lot by a group titles plan.\n(sec.83-ssec.3) The number of lots created by the subdivision of the group title lot by a further group titles plan, and then by a building units plan, must not exceed the number of lots indicated on the schedule under section 79 (3) in relation to the subdivision of the community development lot by the group titles plan.\n(sec.83-ssec.4) Sections 80 and 81 relating to approval by a local government and registration by the registrar of titles apply to a plan mentioned in this section.","sortOrder":100},{"sectionNumber":"sec.84","sectionType":"section","heading":"Lot entitlement if group title lot to be subdivided by a building units plan","content":"### sec.84 Lot entitlement if group title lot to be subdivided by a building units plan\n\nIf a group titles plan creates a lot that is to be subdivided by a building units plan, then, in specifying the lot entitlement of the lot, regard must be had to the maximum number of lots into which the lot may be subdivided by the building units plan.\nSection 19 (2) and (3) of the Building Units and Group Titles Act 1980 does not apply to a group titles plan if a lot on the plan is to be subdivided by a building units plan.\n(sec.84-ssec.1) If a group titles plan creates a lot that is to be subdivided by a building units plan, then, in specifying the lot entitlement of the lot, regard must be had to the maximum number of lots into which the lot may be subdivided by the building units plan.\n(sec.84-ssec.2) Section 19 (2) and (3) of the Building Units and Group Titles Act 1980 does not apply to a group titles plan if a lot on the plan is to be subdivided by a building units plan.","sortOrder":101},{"sectionNumber":"sec.85","sectionType":"section","heading":"Application of Building Units and Group Titles Act to subdivisions","content":"### sec.85 Application of Building Units and Group Titles Act to subdivisions\n\nThe following provisions of the Building Units and Group Titles Act 1980 do not apply to a subdivision under this division—\nsection 10 (1B) ;\nsection 10 (6) (b) .\nFor the purposes of section 9 (7) of the Building Units and Group Titles Act 1980 , a plan of subdivision is taken to comply with the requirements mentioned in the subsection in relation to the subdivision if the plan complies with those requirements as modified by this Act.\ns 85 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.85-ssec.1) The following provisions of the Building Units and Group Titles Act 1980 do not apply to a subdivision under this division— section 10 (1B) ; section 10 (6) (b) .\n(sec.85-ssec.2) For the purposes of section 9 (7) of the Building Units and Group Titles Act 1980 , a plan of subdivision is taken to comply with the requirements mentioned in the subsection in relation to the subdivision if the plan complies with those requirements as modified by this Act.\n- (a) section 10 (1B) ;\n- (b) section 10 (6) (b) .","sortOrder":102},{"sectionNumber":"pt.5-div.6","sectionType":"division","heading":"Subdivision of community development lot by precinct plan","content":"## Subdivision of community development lot by precinct plan","sortOrder":103},{"sectionNumber":"sec.86","sectionType":"section","heading":"Precinct plan","content":"### sec.86 Precinct plan\n\nThe proprietor of a community development lot may subdivide it by a precinct plan if—\nthe community development lot is contained within a staged use precinct that is identified in the scheme; or\nthe proprietor later advises the local government of the proprietor’s intention to develop the precinct within which the community development lot is situated as a staged use precinct.\nA precinct plan must subdivide a community development lot into—\na precinct development lot; and\nif necessary for access—a precinct property lot.\nA precinct plan may subdivide a community development lot into—\nmore than 1 precinct development lot; and\nmore than 1 precinct property lot; and\nif the lot or lots created do not cover the whole of the community development lot—a balance precinct development lot.\nA balance precinct development lot may be later subdivided—\nby a precinct plan as if it were a community development lot; or\nunder section 101 ; or\nby a stratum plan.\nA precinct plan subdividing a community development lot must be lodged with the local government.\nA precinct plan must—\nidentify any precinct property; and\nbe accompanied by a schedule setting out the voting entitlement that applies to each precinct development lot, and any balance precinct development lot, created by the plan.\nIf a staged use precinct is identified in the application for an approved scheme, the local government and the applicant may agree to defer the payment of contributions towards water supply, sewerage and drainage works until the approval by the local government of the precinct plans that create precinct development lots.\ns 86 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.86-ssec.1) The proprietor of a community development lot may subdivide it by a precinct plan if— the community development lot is contained within a staged use precinct that is identified in the scheme; or the proprietor later advises the local government of the proprietor’s intention to develop the precinct within which the community development lot is situated as a staged use precinct.\n(sec.86-ssec.2) A precinct plan must subdivide a community development lot into— a precinct development lot; and if necessary for access—a precinct property lot.\n(sec.86-ssec.3) A precinct plan may subdivide a community development lot into— more than 1 precinct development lot; and more than 1 precinct property lot; and if the lot or lots created do not cover the whole of the community development lot—a balance precinct development lot.\n(sec.86-ssec.4) A balance precinct development lot may be later subdivided— by a precinct plan as if it were a community development lot; or under section 101 ; or by a stratum plan.\n(sec.86-ssec.5) A precinct plan subdividing a community development lot must be lodged with the local government.\n(sec.86-ssec.6) A precinct plan must— identify any precinct property; and be accompanied by a schedule setting out the voting entitlement that applies to each precinct development lot, and any balance precinct development lot, created by the plan.\n(sec.86-ssec.7) If a staged use precinct is identified in the application for an approved scheme, the local government and the applicant may agree to defer the payment of contributions towards water supply, sewerage and drainage works until the approval by the local government of the precinct plans that create precinct development lots.\n- (a) the community development lot is contained within a staged use precinct that is identified in the scheme; or\n- (b) the proprietor later advises the local government of the proprietor’s intention to develop the precinct within which the community development lot is situated as a staged use precinct.\n- (a) a precinct development lot; and\n- (b) if necessary for access—a precinct property lot.\n- (a) more than 1 precinct development lot; and\n- (b) more than 1 precinct property lot; and\n- (c) if the lot or lots created do not cover the whole of the community development lot—a balance precinct development lot.\n- (a) by a precinct plan as if it were a community development lot; or\n- (b) under section 101 ; or\n- (c) by a stratum plan.\n- (a) identify any precinct property; and\n- (b) be accompanied by a schedule setting out the voting entitlement that applies to each precinct development lot, and any balance precinct development lot, created by the plan.","sortOrder":104},{"sectionNumber":"sec.87","sectionType":"section","heading":"Approval of precinct plan","content":"### sec.87 Approval of precinct plan\n\nThe local government may approve a precinct plan and schedule only if the community plan has previously been approved by it and it is satisfied that—\neach precinct development lot has access to—\na dedicated road outside the site; or\nthe community thoroughfare;\nwhether directly or through the precinct thoroughfare that is, or is to be, constructed on the lot or lots shown on the plan as constituting precinct property; and\nthe total voting entitlement that is to apply to—\neach of the new precinct development lots; and\nany balance precinct development lot;\nequals the voting entitlement that applies to the community development lot being subdivided; and\nthe provisions of the scheme that apply to the lots on the plan have been complied with; and\nthe lots on the plan have been, or will be, provided with essential services.\ns 87 amd 1999 No. 30 s 98 sch 3 pt 1\n- (a) each precinct development lot has access to— (i) a dedicated road outside the site; or (ii) the community thoroughfare; whether directly or through the precinct thoroughfare that is, or is to be, constructed on the lot or lots shown on the plan as constituting precinct property; and\n- (i) a dedicated road outside the site; or\n- (ii) the community thoroughfare;\n- (b) the total voting entitlement that is to apply to— (i) each of the new precinct development lots; and (ii) any balance precinct development lot; equals the voting entitlement that applies to the community development lot being subdivided; and\n- (i) each of the new precinct development lots; and\n- (ii) any balance precinct development lot;\n- (c) the provisions of the scheme that apply to the lots on the plan have been complied with; and\n- (d) the lots on the plan have been, or will be, provided with essential services.\n- (i) a dedicated road outside the site; or\n- (ii) the community thoroughfare;\n- (i) each of the new precinct development lots; and\n- (ii) any balance precinct development lot;","sortOrder":105},{"sectionNumber":"sec.88","sectionType":"section","heading":"Registration of precinct plan","content":"### sec.88 Registration of precinct plan\n\nThe registrar of titles may register a precinct plan only if—\nit is accompanied by a schedule setting out the voting entitlement that applies to each precinct development lot, and any balance precinct development lot, created by the plan; and\nthe plan and schedule have been approved by the local government.\nIn determining whether a lot has access to a dedicated road, the registrar of titles is not obliged to make inquiries but may rely on the local government’s approval of the plan.\ns 88 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.88-ssec.1) The registrar of titles may register a precinct plan only if— it is accompanied by a schedule setting out the voting entitlement that applies to each precinct development lot, and any balance precinct development lot, created by the plan; and the plan and schedule have been approved by the local government.\n(sec.88-ssec.2) In determining whether a lot has access to a dedicated road, the registrar of titles is not obliged to make inquiries but may rely on the local government’s approval of the plan.\n- (a) it is accompanied by a schedule setting out the voting entitlement that applies to each precinct development lot, and any balance precinct development lot, created by the plan; and\n- (b) the plan and schedule have been approved by the local government.","sortOrder":106},{"sectionNumber":"sec.89","sectionType":"section","heading":"Vesting of precinct property in precinct body corporate","content":"### sec.89 Vesting of precinct property in precinct body corporate\n\nOn registration of the precinct plan creating lots comprising the precinct property and registration of the necessary transfer by the registrar of titles, the lots are transferred to the precinct body corporate.\nIf land that is to become precinct property is mortgaged, the transfer may be registered only if the mortgage has been released.\nThe registrar of titles must issue certificates of title in the name of the precinct body corporate.\nThe precinct body corporate must not be required to make any payment or provide any consideration for the transfer.\nThis section does not affect the operation of section 150 .\n(sec.89-ssec.1) On registration of the precinct plan creating lots comprising the precinct property and registration of the necessary transfer by the registrar of titles, the lots are transferred to the precinct body corporate.\n(sec.89-ssec.2) If land that is to become precinct property is mortgaged, the transfer may be registered only if the mortgage has been released.\n(sec.89-ssec.3) The registrar of titles must issue certificates of title in the name of the precinct body corporate.\n(sec.89-ssec.4) The precinct body corporate must not be required to make any payment or provide any consideration for the transfer.\n(sec.89-ssec.5) This section does not affect the operation of section 150 .","sortOrder":107},{"sectionNumber":"pt.5-div.7","sectionType":"division","heading":"Amalgamation of precinct development lots by precinct plan of amalgamation","content":"## Amalgamation of precinct development lots by precinct plan of amalgamation","sortOrder":108},{"sectionNumber":"sec.90","sectionType":"section","heading":"Precinct plan of amalgamation","content":"### sec.90 Precinct plan of amalgamation\n\nThe proprietor of 2 or more precinct development lots that previously formed part of the same community development lot may amalgamate the lots by a precinct plan of amalgamation.\nThe precinct plan of amalgamation must—\nbe lodged with the local government; and\nbe accompanied by a schedule setting out the voting entitlement that is to apply to the new precinct development lot.\ns 90 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.90-ssec.1) The proprietor of 2 or more precinct development lots that previously formed part of the same community development lot may amalgamate the lots by a precinct plan of amalgamation.\n(sec.90-ssec.2) The precinct plan of amalgamation must— be lodged with the local government; and be accompanied by a schedule setting out the voting entitlement that is to apply to the new precinct development lot.\n- (a) be lodged with the local government; and\n- (b) be accompanied by a schedule setting out the voting entitlement that is to apply to the new precinct development lot.","sortOrder":109},{"sectionNumber":"sec.91","sectionType":"section","heading":"Approval of precinct plan of amalgamation","content":"### sec.91 Approval of precinct plan of amalgamation\n\nA local government may approve a precinct plan of amalgamation and schedule only if it is satisfied that—\nthe voting entitlement that is to apply to the new precinct development lot equals the total voting entitlement that applies to the precinct development lots being amalgamated; and\nthe provisions of the scheme that apply to the amalgamated lot have been complied with; and\nthe lot has been, or will be, provided with essential services.\ns 91 amd 1999 No. 30 s 98 sch 3 pt 1\n- (a) the voting entitlement that is to apply to the new precinct development lot equals the total voting entitlement that applies to the precinct development lots being amalgamated; and\n- (b) the provisions of the scheme that apply to the amalgamated lot have been complied with; and\n- (c) the lot has been, or will be, provided with essential services.","sortOrder":110},{"sectionNumber":"sec.92","sectionType":"section","heading":"Registration of precinct plan of amalgamation","content":"### sec.92 Registration of precinct plan of amalgamation\n\nThe registrar of titles may register a precinct plan of amalgamation only if—\nit is accompanied by a schedule setting out the voting entitlement that is to apply to the new precinct development lot; and\nthe plan and schedule have been approved by the local government.\ns 92 amd 1999 No. 30 s 98 sch 3 pt 1\n- (a) it is accompanied by a schedule setting out the voting entitlement that is to apply to the new precinct development lot; and\n- (b) the plan and schedule have been approved by the local government.","sortOrder":111},{"sectionNumber":"sec.93","sectionType":"section","heading":"Notice of amalgamation","content":"### sec.93 Notice of amalgamation\n\nOn registration of the precinct plan of amalgamation, the proprietor of the new precinct development lot must give written notice to the precinct body corporate of—\nthe proprietor’s full name and address for service; and\nthe date of registration of the precinct plan of amalgamation; and\nthe description of the precinct development lots amalgamated; and\nthe description of the new precinct development lot; and\nthe voting entitlement that applies to the new precinct development lot.\n- (a) the proprietor’s full name and address for service; and\n- (b) the date of registration of the precinct plan of amalgamation; and\n- (c) the description of the precinct development lots amalgamated; and\n- (d) the description of the new precinct development lot; and\n- (e) the voting entitlement that applies to the new precinct development lot.","sortOrder":112},{"sectionNumber":"pt.5-div.8","sectionType":"division","heading":"Subdivision of precinct development lot by precinct plan of subdivision","content":"## Subdivision of precinct development lot by precinct plan of subdivision","sortOrder":113},{"sectionNumber":"sec.94","sectionType":"section","heading":"Precinct plan of subdivision","content":"### sec.94 Precinct plan of subdivision\n\nThe proprietor of a precinct development lot may subdivide it by a precinct plan of subdivision into—\n2 or more precinct development lots; or\n1 or more precinct development lots and 1 or more precinct property lots.\nThe precinct plan of subdivision must—\nbe lodged with the local government; and\nbe accompanied by a schedule setting out the voting entitlement that is to apply to each precinct development lot created by the plan.\nThe proprietor of a precinct development lot may lodge with the local government a precinct plan of subdivision that creates a precinct property lot only if—\ndetails of the proposed subdivision have been set out in a motion given to the members of the precinct body corporate; and\nthe motion has been carried by comprehensive resolution.\ns 94 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.94-ssec.1) The proprietor of a precinct development lot may subdivide it by a precinct plan of subdivision into— 2 or more precinct development lots; or 1 or more precinct development lots and 1 or more precinct property lots.\n(sec.94-ssec.2) The precinct plan of subdivision must— be lodged with the local government; and be accompanied by a schedule setting out the voting entitlement that is to apply to each precinct development lot created by the plan.\n(sec.94-ssec.3) The proprietor of a precinct development lot may lodge with the local government a precinct plan of subdivision that creates a precinct property lot only if— details of the proposed subdivision have been set out in a motion given to the members of the precinct body corporate; and the motion has been carried by comprehensive resolution.\n- (a) 2 or more precinct development lots; or\n- (b) 1 or more precinct development lots and 1 or more precinct property lots.\n- (a) be lodged with the local government; and\n- (b) be accompanied by a schedule setting out the voting entitlement that is to apply to each precinct development lot created by the plan.\n- (a) details of the proposed subdivision have been set out in a motion given to the members of the precinct body corporate; and\n- (b) the motion has been carried by comprehensive resolution.","sortOrder":114},{"sectionNumber":"sec.95","sectionType":"section","heading":"Approval of precinct plan of subdivision","content":"### sec.95 Approval of precinct plan of subdivision\n\nA local government may approve a precinct plan of subdivision and schedule only if it is satisfied that—\nthe total voting entitlement that is to apply to the new precinct development lots equals the voting entitlement that applies to the precinct development lot being subdivided; and\neach new precinct development lot has access to—\na dedicated road outside the site; or\nthe community thoroughfare;\ndirectly or through the precinct thoroughfare that is, or is to be, constructed on a lot that comprises or lots that together comprise precinct property; and\nthe provisions of the scheme that apply to the lots on the plan have been complied with; and\nthe lots on the plan have been, or will be, provided with essential services.\ns 95 amd 1999 No. 30 s 98 sch 3 pt 1\n- (a) the total voting entitlement that is to apply to the new precinct development lots equals the voting entitlement that applies to the precinct development lot being subdivided; and\n- (b) each new precinct development lot has access to— (i) a dedicated road outside the site; or (ii) the community thoroughfare;\n- (i) a dedicated road outside the site; or\n- (ii) the community thoroughfare;\n- (i) a dedicated road outside the site; or\n- (ii) the community thoroughfare;\n- (c) the provisions of the scheme that apply to the lots on the plan have been complied with; and\n- (d) the lots on the plan have been, or will be, provided with essential services.","sortOrder":115},{"sectionNumber":"sec.96","sectionType":"section","heading":"Registration of precinct plan of subdivision","content":"### sec.96 Registration of precinct plan of subdivision\n\nThe registrar of titles may register a precinct plan of subdivision only if—\nit is accompanied by a schedule setting out the voting entitlement that is to apply to each precinct development lot created by the plan; and\nthe plan and the schedule have been approved by the local government.\nIn determining whether a lot has access to a dedicated road, the registrar of titles is not obliged to make inquiries but may rely on the local government’s approval of the plan.\ns 96 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.96-ssec.1) The registrar of titles may register a precinct plan of subdivision only if— it is accompanied by a schedule setting out the voting entitlement that is to apply to each precinct development lot created by the plan; and the plan and the schedule have been approved by the local government.\n(sec.96-ssec.2) In determining whether a lot has access to a dedicated road, the registrar of titles is not obliged to make inquiries but may rely on the local government’s approval of the plan.\n- (a) it is accompanied by a schedule setting out the voting entitlement that is to apply to each precinct development lot created by the plan; and\n- (b) the plan and the schedule have been approved by the local government.","sortOrder":116},{"sectionNumber":"sec.97","sectionType":"section","heading":"Notice of subdivision","content":"### sec.97 Notice of subdivision\n\nOn registration of the precinct plan of subdivision, the proprietor of a new precinct development lot must give written notice to the precinct body corporate of—\nthe proprietor’s full name and address for service; and\nthe date of registration of the precinct plan of subdivision; and\nthe description of the precinct development lot subdivided; and\nthe description of the new precinct development lots; and\nthe voting entitlement that applies to each new precinct development lot.\n- (a) the proprietor’s full name and address for service; and\n- (b) the date of registration of the precinct plan of subdivision; and\n- (c) the description of the precinct development lot subdivided; and\n- (d) the description of the new precinct development lots; and\n- (e) the voting entitlement that applies to each new precinct development lot.","sortOrder":117},{"sectionNumber":"sec.98","sectionType":"section","heading":"Vesting of precinct property in precinct body corporate","content":"### sec.98 Vesting of precinct property in precinct body corporate\n\nOn registration of the precinct plan of subdivision creating lots comprising the precinct property and registration of the necessary transfer by the registrar of titles, the lots are transferred to the precinct body corporate.\nIf land that is to become precinct property is mortgaged, the transfer may be registered only if the mortgage has been released.\nThe registrar of titles must issue certificates of title in the name of the precinct body corporate.\nThe precinct body corporate must not be required to make any payment or provide any consideration for the transfer.\nThis section does not affect the operation of section 150 .\n(sec.98-ssec.1) On registration of the precinct plan of subdivision creating lots comprising the precinct property and registration of the necessary transfer by the registrar of titles, the lots are transferred to the precinct body corporate.\n(sec.98-ssec.2) If land that is to become precinct property is mortgaged, the transfer may be registered only if the mortgage has been released.\n(sec.98-ssec.3) The registrar of titles must issue certificates of title in the name of the precinct body corporate.\n(sec.98-ssec.4) The precinct body corporate must not be required to make any payment or provide any consideration for the transfer.\n(sec.98-ssec.5) This section does not affect the operation of section 150 .","sortOrder":118},{"sectionNumber":"pt.5-div.9","sectionType":"division","heading":"Subdivision of precinct development lot or balance precinct development lot by stratum plan under pt 6","content":"## Subdivision of precinct development lot or balance precinct development lot by stratum plan under pt 6","sortOrder":119},{"sectionNumber":"sec.99","sectionType":"section","heading":"Stratum plan","content":"### sec.99 Stratum plan\n\nThe proprietor of a precinct development lot or balance precinct development lot may subdivide it by a stratum plan under part 6 into stratum lots called precinct stratum lots .\nThe stratum plan must—\nbe lodged with the local government; and\nbe accompanied by—\na schedule setting out the voting entitlement that is to apply to each precinct stratum lot created by the stratum plan; and\na management statement mentioned in part 6 .\ns 99 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.99-ssec.1) The proprietor of a precinct development lot or balance precinct development lot may subdivide it by a stratum plan under part 6 into stratum lots called precinct stratum lots .\n(sec.99-ssec.2) The stratum plan must— be lodged with the local government; and be accompanied by— a schedule setting out the voting entitlement that is to apply to each precinct stratum lot created by the stratum plan; and a management statement mentioned in part 6 .\n- (a) be lodged with the local government; and\n- (b) be accompanied by— (i) a schedule setting out the voting entitlement that is to apply to each precinct stratum lot created by the stratum plan; and (ii) a management statement mentioned in part 6 .\n- (i) a schedule setting out the voting entitlement that is to apply to each precinct stratum lot created by the stratum plan; and\n- (ii) a management statement mentioned in part 6 .\n- (i) a schedule setting out the voting entitlement that is to apply to each precinct stratum lot created by the stratum plan; and\n- (ii) a management statement mentioned in part 6 .","sortOrder":120},{"sectionNumber":"sec.100","sectionType":"section","heading":"Approval of stratum plan","content":"### sec.100 Approval of stratum plan\n\nA local government may approve a stratum plan and schedule only if it is satisfied that—\nthe total voting entitlement that is to apply to the precinct stratum lots equals the voting entitlement that applied to the precinct development lot or balance precinct development lot being subdivided; and\neach new precinct stratum lot has access to—\na dedicated road outside the site; or\nthe community thoroughfare; or\nthe precinct thoroughfare; and\nthe provisions of the scheme that apply to the lots on the plan have been complied with; and\nthe lots on the plan have been, or will be, provided with essential services.\nIf the local government approves the stratum plan and the schedule, it may also approve the management statement.\nFor the purposes of this section, access need not be access by road.\ns 100 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.100-ssec.1) A local government may approve a stratum plan and schedule only if it is satisfied that— the total voting entitlement that is to apply to the precinct stratum lots equals the voting entitlement that applied to the precinct development lot or balance precinct development lot being subdivided; and each new precinct stratum lot has access to— a dedicated road outside the site; or the community thoroughfare; or the precinct thoroughfare; and the provisions of the scheme that apply to the lots on the plan have been complied with; and the lots on the plan have been, or will be, provided with essential services.\n(sec.100-ssec.2) If the local government approves the stratum plan and the schedule, it may also approve the management statement.\n(sec.100-ssec.3) For the purposes of this section, access need not be access by road.\n- (a) the total voting entitlement that is to apply to the precinct stratum lots equals the voting entitlement that applied to the precinct development lot or balance precinct development lot being subdivided; and\n- (b) each new precinct stratum lot has access to— (i) a dedicated road outside the site; or (ii) the community thoroughfare; or (iii) the precinct thoroughfare; and\n- (i) a dedicated road outside the site; or\n- (ii) the community thoroughfare; or\n- (iii) the precinct thoroughfare; and\n- (c) the provisions of the scheme that apply to the lots on the plan have been complied with; and\n- (d) the lots on the plan have been, or will be, provided with essential services.\n- (i) a dedicated road outside the site; or\n- (ii) the community thoroughfare; or\n- (iii) the precinct thoroughfare; and","sortOrder":121},{"sectionNumber":"pt.5-div.10","sectionType":"division","heading":"Subdivision of precinct development lot or balance precinct development lot by building units or group titles plan","content":"## Subdivision of precinct development lot or balance precinct development lot by building units or group titles plan","sortOrder":122},{"sectionNumber":"sec.101","sectionType":"section","heading":"Subdivision by building units or group titles plan","content":"### sec.101 Subdivision by building units or group titles plan\n\nA precinct development lot may be subdivided only—\nunder division 8 or 9 ; or\nby a building units or group titles plan.\nA balance precinct development lot may be subdivided by a building units or group titles plan.\nA building units or group titles plan must be lodged with the local government.\nA group titles plan must be accompanied by a statement by the proprietor of the precinct development lot or balance precinct development lot—\nindicating whether or not it is proposed to subdivide any lot created by the group titles plan by the registration of a building units plan; and\nif it is proposed to do so—identifying the lot.\nIf—\na group titles plan creates lots; and\nat least 1 of the lots is proposed to be further subdivided by the registration of a building units plan;\nthe plan must be accompanied by a schedule setting out, in relation to each lot proposed to be further subdivided, the maximum number of lots into which the lot may be subdivided.\nEach lot on a group titles plan must have access to a dedicated road whether directly or through—\nthe community thoroughfare; or\na precinct thoroughfare; or\nthe common property.\nA group titles plan must also be accompanied by a diagram showing the name and numbering, or proposed name and numbering, of each road that is, or is to be, on—\nthe community thoroughfare, or the part of the community thoroughfare, shown on the plan; and\neach precinct thoroughfare, or part of a precinct thoroughfare, shown on the plan.\ns 101 amd 1999 No. 30 s 98 sch 3 pt 1 ; 2009 No. 26 s 57\n(sec.101-ssec.1) A precinct development lot may be subdivided only— under division 8 or 9 ; or by a building units or group titles plan.\n(sec.101-ssec.2) A balance precinct development lot may be subdivided by a building units or group titles plan.\n(sec.101-ssec.3) A building units or group titles plan must be lodged with the local government.\n(sec.101-ssec.4) A group titles plan must be accompanied by a statement by the proprietor of the precinct development lot or balance precinct development lot— indicating whether or not it is proposed to subdivide any lot created by the group titles plan by the registration of a building units plan; and if it is proposed to do so—identifying the lot.\n(sec.101-ssec.5) If— a group titles plan creates lots; and at least 1 of the lots is proposed to be further subdivided by the registration of a building units plan; the plan must be accompanied by a schedule setting out, in relation to each lot proposed to be further subdivided, the maximum number of lots into which the lot may be subdivided.\n(sec.101-ssec.6) Each lot on a group titles plan must have access to a dedicated road whether directly or through— the community thoroughfare; or a precinct thoroughfare; or the common property.\n(sec.101-ssec.7) A group titles plan must also be accompanied by a diagram showing the name and numbering, or proposed name and numbering, of each road that is, or is to be, on— the community thoroughfare, or the part of the community thoroughfare, shown on the plan; and each precinct thoroughfare, or part of a precinct thoroughfare, shown on the plan.\n- (a) under division 8 or 9 ; or\n- (b) by a building units or group titles plan.\n- (a) indicating whether or not it is proposed to subdivide any lot created by the group titles plan by the registration of a building units plan; and\n- (b) if it is proposed to do so—identifying the lot.\n- (a) a group titles plan creates lots; and\n- (b) at least 1 of the lots is proposed to be further subdivided by the registration of a building units plan;\n- (a) the community thoroughfare; or\n- (b) a precinct thoroughfare; or\n- (c) the common property.\n- (a) the community thoroughfare, or the part of the community thoroughfare, shown on the plan; and\n- (b) each precinct thoroughfare, or part of a precinct thoroughfare, shown on the plan.","sortOrder":123},{"sectionNumber":"sec.102","sectionType":"section","heading":"Approval of building units or group titles plan","content":"### sec.102 Approval of building units or group titles plan\n\nA local government may approve a group titles plan only if—\nit is satisfied that each lot created has the access mentioned in section 101 (6) ; and\nthe plan is accompanied by—\nthe statement mentioned in section 101 (4) ; and\nif applicable—the schedule mentioned in section 101 (5) ; and\nthe diagram mentioned in section 101 (7) .\nA local government may approve a building units plan that subdivides a group title lot only if it is satisfied that the group title lot has the access mentioned in section 101 (6) .\nIf the schedule accompanying a group titles plan indicates that it is proposed to further subdivide any lot created, the local government must endorse that fact on the plan.\ns 102 amd 1999 No. 30 s 98 sch 3 pt 1 ; 2009 No. 26 s 58\n(sec.102-ssec.1) A local government may approve a group titles plan only if— it is satisfied that each lot created has the access mentioned in section 101 (6) ; and the plan is accompanied by— the statement mentioned in section 101 (4) ; and if applicable—the schedule mentioned in section 101 (5) ; and the diagram mentioned in section 101 (7) .\n(sec.102-ssec.2) A local government may approve a building units plan that subdivides a group title lot only if it is satisfied that the group title lot has the access mentioned in section 101 (6) .\n(sec.102-ssec.3) If the schedule accompanying a group titles plan indicates that it is proposed to further subdivide any lot created, the local government must endorse that fact on the plan.\n- (a) it is satisfied that each lot created has the access mentioned in section 101 (6) ; and\n- (b) the plan is accompanied by— (i) the statement mentioned in section 101 (4) ; and (ii) if applicable—the schedule mentioned in section 101 (5) ; and (iii) the diagram mentioned in section 101 (7) .\n- (i) the statement mentioned in section 101 (4) ; and\n- (ii) if applicable—the schedule mentioned in section 101 (5) ; and\n- (iii) the diagram mentioned in section 101 (7) .\n- (i) the statement mentioned in section 101 (4) ; and\n- (ii) if applicable—the schedule mentioned in section 101 (5) ; and\n- (iii) the diagram mentioned in section 101 (7) .","sortOrder":124},{"sectionNumber":"sec.103","sectionType":"section","heading":"Registration of building units or group titles plan","content":"### sec.103 Registration of building units or group titles plan\n\nThe registrar of titles may register a building units or group titles plan only if the plan and, if applicable, the schedule accompanying the plan have been approved by the local government.\nIn determining whether a lot has access to a dedicated road, the registrar of titles does not have to make inquiries but may rely on the local government’s approval of the plan.\ns 103 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.103-ssec.1) The registrar of titles may register a building units or group titles plan only if the plan and, if applicable, the schedule accompanying the plan have been approved by the local government.\n(sec.103-ssec.2) In determining whether a lot has access to a dedicated road, the registrar of titles does not have to make inquiries but may rely on the local government’s approval of the plan.","sortOrder":125},{"sectionNumber":"sec.104","sectionType":"section","heading":"Subdivision of group title lot by a building units plan","content":"### sec.104 Subdivision of group title lot by a building units plan\n\nIf the statement accompanying a group titles plan identifies a group title lot that is proposed to be subdivided by way of a building units plan, the building units plan may be—\napproved by the local government; and\nregistered by the registrar of titles.\nThe Building Units and Group Titles Act 1980 , section 10 (1A) , does not apply to a subdivision by a building units plan mentioned in subsection (1) .\nDespite the Building Units and Group Titles Act 1980 , the registration of a building units plan under subsection (1) has effect as if the subdivision by the plan were a subdivision of the original group titles plan.\nIf a building units plan subdivides a lot created by a group titles plan, a further body corporate is not created by registration of the building units plan.\nFor the purposes of the Building Units or Group Titles Act 1980 , the body corporate created by registration of the group titles plan is taken to be the body corporate created by the registration of the building units plan.\nSubsections (4) and (5) apply despite section 27 of the Building Units and Group Titles Act 1980 .\ns 104 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.104-ssec.1) If the statement accompanying a group titles plan identifies a group title lot that is proposed to be subdivided by way of a building units plan, the building units plan may be— approved by the local government; and registered by the registrar of titles.\n(sec.104-ssec.2) The Building Units and Group Titles Act 1980 , section 10 (1A) , does not apply to a subdivision by a building units plan mentioned in subsection (1) .\n(sec.104-ssec.3) Despite the Building Units and Group Titles Act 1980 , the registration of a building units plan under subsection (1) has effect as if the subdivision by the plan were a subdivision of the original group titles plan.\n(sec.104-ssec.4) If a building units plan subdivides a lot created by a group titles plan, a further body corporate is not created by registration of the building units plan.\n(sec.104-ssec.5) For the purposes of the Building Units or Group Titles Act 1980 , the body corporate created by registration of the group titles plan is taken to be the body corporate created by the registration of the building units plan.\n(sec.104-ssec.6) Subsections (4) and (5) apply despite section 27 of the Building Units and Group Titles Act 1980 .\n- (a) approved by the local government; and\n- (b) registered by the registrar of titles.","sortOrder":126},{"sectionNumber":"sec.105","sectionType":"section","heading":"Subdivision of group title lot by group titles plan","content":"### sec.105 Subdivision of group title lot by group titles plan\n\nA group title lot may be subdivided by a group titles plan or a building units plan.\nSection 101 (4) and (5) apply to the subdivision of a group title lot by a group titles plan as if it were the subdivision of a precinct development lot or balance precinct development lot by a group titles plan.\nThe number of lots created by the subdivision of the group title lot by a further group titles plan, and then by a building units plan, must not exceed the number of lots indicated on the schedule mentioned in section 101 (5) in relation to the subdivision of the precinct development lot, or balance precinct development lot, by the group titles plan.\nSections 102 and 103 relating to approval by a local government and registration by the registrar of titles apply to a plan mentioned in this section.\ns 105 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.105-ssec.1) A group title lot may be subdivided by a group titles plan or a building units plan.\n(sec.105-ssec.2) Section 101 (4) and (5) apply to the subdivision of a group title lot by a group titles plan as if it were the subdivision of a precinct development lot or balance precinct development lot by a group titles plan.\n(sec.105-ssec.3) The number of lots created by the subdivision of the group title lot by a further group titles plan, and then by a building units plan, must not exceed the number of lots indicated on the schedule mentioned in section 101 (5) in relation to the subdivision of the precinct development lot, or balance precinct development lot, by the group titles plan.\n(sec.105-ssec.4) Sections 102 and 103 relating to approval by a local government and registration by the registrar of titles apply to a plan mentioned in this section.","sortOrder":127},{"sectionNumber":"sec.106","sectionType":"section","heading":"Lot entitlement if group title lot to be subdivided by a building units plan","content":"### sec.106 Lot entitlement if group title lot to be subdivided by a building units plan\n\nIf a group titles plan creates a lot that is to be subdivided by a building units plan, then, in specifying the lot entitlement of the lot, regard must be had to the maximum number of lots into which the lot may be subdivided by the building units plan.\nSection 19 (2) and (3) of the Building Units and Group Titles Act 1980 does not apply to a group titles plan if a lot on the plan is to be subdivided by a building units plan.\n(sec.106-ssec.1) If a group titles plan creates a lot that is to be subdivided by a building units plan, then, in specifying the lot entitlement of the lot, regard must be had to the maximum number of lots into which the lot may be subdivided by the building units plan.\n(sec.106-ssec.2) Section 19 (2) and (3) of the Building Units and Group Titles Act 1980 does not apply to a group titles plan if a lot on the plan is to be subdivided by a building units plan.","sortOrder":128},{"sectionNumber":"sec.107","sectionType":"section","heading":"Application of Building Units and Group Titles Act to subdivisions","content":"### sec.107 Application of Building Units and Group Titles Act to subdivisions\n\nThe following provisions of the Building Units and Group Titles Act 1980 do not apply to a subdivision under this division—\nsection 10 (1B) ;\nsection 10 (6) (b) .\nFor the purposes of section 9 (7) of the Building Units and Group Titles Act 1980 , a plan of subdivision is taken to comply with the requirements mentioned in the subsection in relation to the subdivision if the plan complies with those requirements as modified by this Act.\ns 107 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.107-ssec.1) The following provisions of the Building Units and Group Titles Act 1980 do not apply to a subdivision under this division— section 10 (1B) ; section 10 (6) (b) .\n(sec.107-ssec.2) For the purposes of section 9 (7) of the Building Units and Group Titles Act 1980 , a plan of subdivision is taken to comply with the requirements mentioned in the subsection in relation to the subdivision if the plan complies with those requirements as modified by this Act.\n- (a) section 10 (1B) ;\n- (b) section 10 (6) (b) .","sortOrder":129},{"sectionNumber":"pt.5-div.11","sectionType":"division","heading":"Matters applying to subdivision generally","content":"## Matters applying to subdivision generally","sortOrder":130},{"sectionNumber":"sec.108","sectionType":"section","heading":"Extinguishment of plan","content":"### sec.108 Extinguishment of plan\n\nA plan registered under this Act (other than a stratum plan) may be extinguished—\nafter unanimous resolution of the relevant body corporate; or\nif the Supreme Court makes an order extinguishing the plan.\n- (a) after unanimous resolution of the relevant body corporate; or\n- (b) if the Supreme Court makes an order extinguishing the plan.","sortOrder":131},{"sectionNumber":"sec.109","sectionType":"section","heading":"Order of Supreme Court to extinguish plan","content":"### sec.109 Order of Supreme Court to extinguish plan\n\nAn application to extinguish a plan may be made to the Supreme Court by—\nthe relevant body corporate; or\na proprietor of a lot; or\na registered mortgagee of a lot.\nIn considering an application to extinguish a plan, the Supreme Court must have regard to the rights and interests of the proprietors as a whole.\nIf the Supreme Court makes an order extinguishing a plan, it must also order—\nthat the relevant body corporate be wound up; and\nthat—\nthe land comprised in the extinguished plan; and\nany property of the body corporate;\nbe vested in the proprietors of the lots in the shares that the Supreme Court considers appropriate.\n(sec.109-ssec.1) An application to extinguish a plan may be made to the Supreme Court by— the relevant body corporate; or a proprietor of a lot; or a registered mortgagee of a lot.\n(sec.109-ssec.2) In considering an application to extinguish a plan, the Supreme Court must have regard to the rights and interests of the proprietors as a whole.\n(sec.109-ssec.3) If the Supreme Court makes an order extinguishing a plan, it must also order— that the relevant body corporate be wound up; and that— the land comprised in the extinguished plan; and any property of the body corporate; be vested in the proprietors of the lots in the shares that the Supreme Court considers appropriate.\n- (a) the relevant body corporate; or\n- (b) a proprietor of a lot; or\n- (c) a registered mortgagee of a lot.\n- (a) that the relevant body corporate be wound up; and\n- (b) that— (i) the land comprised in the extinguished plan; and (ii) any property of the body corporate; be vested in the proprietors of the lots in the shares that the Supreme Court considers appropriate.\n- (i) the land comprised in the extinguished plan; and\n- (ii) any property of the body corporate;\n- (i) the land comprised in the extinguished plan; and\n- (ii) any property of the body corporate;","sortOrder":132},{"sectionNumber":"sec.110","sectionType":"section","heading":"Registration","content":"### sec.110 Registration\n\nIf the Supreme Court makes an order under section 109 , the registrar of titles must take the action necessary to give effect to the order, on lodgment for registration of a request to register the order.\nIf the relevant body corporate resolves to extinguish a plan it must lodge with the registrar of titles—\na request to extinguish the plan; and\na copy of the unanimous resolution.\nOn registration of a request under subsection (1) or (2 )—\nthe plan is extinguished; and\nthe relevant body corporate is wound up; and\nthe land comprised in the extinguished plan is vested—\nin the case of a building units plan—in the proprietors in shares proportional to the lot entitlements of the proprietors’ respective lots; or\nin the case of a group titles plan, a precinct plan, a community plan or a stratum plan under part 6 —in the proprietors in the shares agreed by the proprietors by unanimous resolution; and\nall property of the body corporate is vested in the proprietors in the same shares as the land comprised in the plan is vested under paragraph (c) .\n(sec.110-ssec.1) If the Supreme Court makes an order under section 109 , the registrar of titles must take the action necessary to give effect to the order, on lodgment for registration of a request to register the order.\n(sec.110-ssec.2) If the relevant body corporate resolves to extinguish a plan it must lodge with the registrar of titles— a request to extinguish the plan; and a copy of the unanimous resolution.\n(sec.110-ssec.3) On registration of a request under subsection (1) or (2 )— the plan is extinguished; and the relevant body corporate is wound up; and the land comprised in the extinguished plan is vested— in the case of a building units plan—in the proprietors in shares proportional to the lot entitlements of the proprietors’ respective lots; or in the case of a group titles plan, a precinct plan, a community plan or a stratum plan under part 6 —in the proprietors in the shares agreed by the proprietors by unanimous resolution; and all property of the body corporate is vested in the proprietors in the same shares as the land comprised in the plan is vested under paragraph (c) .\n- (a) a request to extinguish the plan; and\n- (b) a copy of the unanimous resolution.\n- (a) the plan is extinguished; and\n- (b) the relevant body corporate is wound up; and\n- (c) the land comprised in the extinguished plan is vested— (i) in the case of a building units plan—in the proprietors in shares proportional to the lot entitlements of the proprietors’ respective lots; or (ii) in the case of a group titles plan, a precinct plan, a community plan or a stratum plan under part 6 —in the proprietors in the shares agreed by the proprietors by unanimous resolution; and\n- (i) in the case of a building units plan—in the proprietors in shares proportional to the lot entitlements of the proprietors’ respective lots; or\n- (ii) in the case of a group titles plan, a precinct plan, a community plan or a stratum plan under part 6 —in the proprietors in the shares agreed by the proprietors by unanimous resolution; and\n- (d) all property of the body corporate is vested in the proprietors in the same shares as the land comprised in the plan is vested under paragraph (c) .\n- (i) in the case of a building units plan—in the proprietors in shares proportional to the lot entitlements of the proprietors’ respective lots; or\n- (ii) in the case of a group titles plan, a precinct plan, a community plan or a stratum plan under part 6 —in the proprietors in the shares agreed by the proprietors by unanimous resolution; and","sortOrder":133},{"sectionNumber":"sec.111","sectionType":"section","heading":"Notification of local authority","content":"### sec.111 Notification of local authority\n\nThe registrar of titles must notify the relevant local government on registration under section 110 (3) of the request to extinguish the plan.\ns 111 amd 1999 No. 30 s 98 sch 3 pt 1","sortOrder":134},{"sectionNumber":"sec.112","sectionType":"section","heading":"Boundary adjustment plan","content":"### sec.112 Boundary adjustment plan\n\nThe boundary of a community development lot, a precinct development lot or a balance precinct development lot within the site of a scheme may be adjusted by a boundary adjustment plan if—\nthe adjustment is minor and necessary to resolve a problem in relation to the management, development or subdivision of the site; and\neach proprietor, mortgagee and registered lessee of a lot the boundary of which is to be adjusted consents to the adjustment; and\nif the adjustment alters the boundary of community property or precinct property—the adjustment is approved by the community body corporate, or precinct body corporate, by comprehensive resolution.\nA proprietor mentioned in subsection (1) (b) may lodge the boundary adjustment plan with the local government.\nThe local government may approve a boundary adjustment plan only if it is satisfied that—\nthe adjustment is minor and necessary to resolve a problem in relation to the management, development or subdivision of the site; and\nthe consents mentioned in subsection (1) (b) have been given; and\nif applicable—approval mentioned in subsection (1) (c) has been given.\nIf the local government—\nrefuses to approve a boundary adjustment plan; or\nfails to approve it within 40 days of receiving it;\nthe proprietor that lodged the plan may appeal to the Planning and Environment Court.\nPart 7 of the Local Government (Planning and Environment) Act 1990 applies to an appeal under subsection (4) with any necessary modifications.\ns 112 amd 1993 No. 80 s 5 ; 1999 No. 30 s 98 sch 3 pt 1\n(sec.112-ssec.1) The boundary of a community development lot, a precinct development lot or a balance precinct development lot within the site of a scheme may be adjusted by a boundary adjustment plan if— the adjustment is minor and necessary to resolve a problem in relation to the management, development or subdivision of the site; and each proprietor, mortgagee and registered lessee of a lot the boundary of which is to be adjusted consents to the adjustment; and if the adjustment alters the boundary of community property or precinct property—the adjustment is approved by the community body corporate, or precinct body corporate, by comprehensive resolution.\n(sec.112-ssec.2) A proprietor mentioned in subsection (1) (b) may lodge the boundary adjustment plan with the local government.\n(sec.112-ssec.3) The local government may approve a boundary adjustment plan only if it is satisfied that— the adjustment is minor and necessary to resolve a problem in relation to the management, development or subdivision of the site; and the consents mentioned in subsection (1) (b) have been given; and if applicable—approval mentioned in subsection (1) (c) has been given.\n(sec.112-ssec.4) If the local government— refuses to approve a boundary adjustment plan; or fails to approve it within 40 days of receiving it; the proprietor that lodged the plan may appeal to the Planning and Environment Court.\n(sec.112-ssec.5) Part 7 of the Local Government (Planning and Environment) Act 1990 applies to an appeal under subsection (4) with any necessary modifications.\n- (a) the adjustment is minor and necessary to resolve a problem in relation to the management, development or subdivision of the site; and\n- (b) each proprietor, mortgagee and registered lessee of a lot the boundary of which is to be adjusted consents to the adjustment; and\n- (c) if the adjustment alters the boundary of community property or precinct property—the adjustment is approved by the community body corporate, or precinct body corporate, by comprehensive resolution.\n- (a) the adjustment is minor and necessary to resolve a problem in relation to the management, development or subdivision of the site; and\n- (b) the consents mentioned in subsection (1) (b) have been given; and\n- (c) if applicable—approval mentioned in subsection (1) (c) has been given.\n- (a) refuses to approve a boundary adjustment plan; or\n- (b) fails to approve it within 40 days of receiving it;","sortOrder":135},{"sectionNumber":"sec.113","sectionType":"section","heading":"Registration of boundary adjustment plan","content":"### sec.113 Registration of boundary adjustment plan\n\nThe registrar of titles must not register a boundary adjustment plan unless the plan has been approved by the local government.\nThe registrar of titles does not have to be satisfied of the matters mentioned in section 112 (1) but may rely on the local government’s approval of the plan.\ns 113 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.113-ssec.1) The registrar of titles must not register a boundary adjustment plan unless the plan has been approved by the local government.\n(sec.113-ssec.2) The registrar of titles does not have to be satisfied of the matters mentioned in section 112 (1) but may rely on the local government’s approval of the plan.","sortOrder":136},{"sectionNumber":"sec.114","sectionType":"section","heading":"Effect of boundary adjustment plan","content":"### sec.114 Effect of boundary adjustment plan\n\nA boundary adjustment plan registered under this division does not affect the voting entitlement that applied to any lot before registration of the plan.\nA registered mortgage, lease or other registered estate in a lot adjusted by the registration of a boundary adjustment plan—\nis not affected by the registration of the plan; and\nis taken to relate to the adjusted lot.\ns 114 amd 2001 No. 71 s 551 sch 1\n(sec.114-ssec.1) A boundary adjustment plan registered under this division does not affect the voting entitlement that applied to any lot before registration of the plan.\n(sec.114-ssec.2) A registered mortgage, lease or other registered estate in a lot adjusted by the registration of a boundary adjustment plan— is not affected by the registration of the plan; and is taken to relate to the adjusted lot.\n- (a) is not affected by the registration of the plan; and\n- (b) is taken to relate to the adjusted lot.","sortOrder":137},{"sectionNumber":"sec.115","sectionType":"section","heading":"Implied easements","content":"### sec.115 Implied easements\n\nUnless an easement is created for a particular service, there is implied—\nas belonging to any lot or common property within the site—an easement for the passage or supply of the service through or by way of pipes, poles, wires, cables or ducts (to be laid down or erected or that are already existing) in or over the site to the extent to which the service is capable of being used in the enjoyment of the lots or common property; and\nas affecting any lot or common property within the site—an easement for the passage or supply of the service through or by way of pipes, poles, wires, cables or ducts (to be laid down or erected or that are already existing) in or over the site to the extent to which the service is capable of being used in the enjoyment of lots or common property.\nUnless an easement is created for support and shelter, there is implied—\nas belonging to any lot or common property within the site on which a building or structure is wholly or partly situated—an easement for the subjacent and lateral support by other buildings or structures or parts of buildings or structures that are capable of giving support; and\nas affecting any lot or common property within the site on which a building or structure is wholly or partly situated—an easement for the subjacent and lateral support of other buildings or structures or parts of buildings or structures that are capable of being supported; and\nas belonging to any lot or common property within the site on which a building or structure is wholly or partly situated—an easement for shelter by other buildings or structures or parts of buildings or structures that are capable of giving shelter; and\nas affecting any lot or common property within the site on which a building or structure is wholly or partly situated—an easement for the shelter of other buildings or structures or parts of buildings or structures that are capable of being sheltered.\nThe easement for support and shelter implied by subsection (1A) entitles the proprietor of the dominant tenement to enter the servient tenement to maintain or replace any support or shelter.\nSubsections (1) and (1A) do not affect—\neasements belonging to and affecting lots in a plan created under the Building Units and Group Titles Act 1980 ; or\neasements belonging to and affecting stratum lots in a stratum plan under part 6 .\nIf a multiple occupancy building is situated on 2 or more group title lots, the proprietor of a lot on which there is situated a part of the building that is intended for separate occupation is entitled to the right conferred by subsection (4) .\nIn relation to any roofs, eaves, gutters, downpipes or foundations (the building parts ) situated (wholly or partly) over, on or under any adjoining lot, the proprietor is entitled to any shelter, drainage or support capable of being provided by the building parts in relation to the proprietor’s lot.\nThe right created by subsection (4) is an easement to which the adjoining lot is subject.\nThe easement entitles the proprietor of the dominant tenement to enter the servient tenement and to maintain or replace any of the building parts.\nIf a building is on the boundary of a lot or so close to the boundary of a lot that maintenance or replacement in relation to the building is not able to be carried out without entering an adjoining lot, the proprietor of the lot on which the building is situated is entitled to enter the adjoining lot to carry out the maintenance or replacement.\nThe right created by subsection (7) is an easement to which the adjoining lot is subject.\nThe easement entitles the proprietor of the dominant tenement—\nto enter the servient tenement; and\nto maintain or replace any part of the proprietor’s building.\nAn easement under this section must not be exercised by a proprietor in a way that unreasonably prevents another proprietor from enjoying the use and occupation of the other proprietor’s lot or the common property.\ns 115 amd 1993 No. 80 s 6\n(sec.115-ssec.1) Unless an easement is created for a particular service, there is implied— as belonging to any lot or common property within the site—an easement for the passage or supply of the service through or by way of pipes, poles, wires, cables or ducts (to be laid down or erected or that are already existing) in or over the site to the extent to which the service is capable of being used in the enjoyment of the lots or common property; and as affecting any lot or common property within the site—an easement for the passage or supply of the service through or by way of pipes, poles, wires, cables or ducts (to be laid down or erected or that are already existing) in or over the site to the extent to which the service is capable of being used in the enjoyment of lots or common property.\n(sec.115-ssec.1A) Unless an easement is created for support and shelter, there is implied— as belonging to any lot or common property within the site on which a building or structure is wholly or partly situated—an easement for the subjacent and lateral support by other buildings or structures or parts of buildings or structures that are capable of giving support; and as affecting any lot or common property within the site on which a building or structure is wholly or partly situated—an easement for the subjacent and lateral support of other buildings or structures or parts of buildings or structures that are capable of being supported; and as belonging to any lot or common property within the site on which a building or structure is wholly or partly situated—an easement for shelter by other buildings or structures or parts of buildings or structures that are capable of giving shelter; and as affecting any lot or common property within the site on which a building or structure is wholly or partly situated—an easement for the shelter of other buildings or structures or parts of buildings or structures that are capable of being sheltered.\n(sec.115-ssec.1B) The easement for support and shelter implied by subsection (1A) entitles the proprietor of the dominant tenement to enter the servient tenement to maintain or replace any support or shelter.\n(sec.115-ssec.2) Subsections (1) and (1A) do not affect— easements belonging to and affecting lots in a plan created under the Building Units and Group Titles Act 1980 ; or easements belonging to and affecting stratum lots in a stratum plan under part 6 .\n(sec.115-ssec.3) If a multiple occupancy building is situated on 2 or more group title lots, the proprietor of a lot on which there is situated a part of the building that is intended for separate occupation is entitled to the right conferred by subsection (4) .\n(sec.115-ssec.4) In relation to any roofs, eaves, gutters, downpipes or foundations (the building parts ) situated (wholly or partly) over, on or under any adjoining lot, the proprietor is entitled to any shelter, drainage or support capable of being provided by the building parts in relation to the proprietor’s lot.\n(sec.115-ssec.5) The right created by subsection (4) is an easement to which the adjoining lot is subject.\n(sec.115-ssec.6) The easement entitles the proprietor of the dominant tenement to enter the servient tenement and to maintain or replace any of the building parts.\n(sec.115-ssec.7) If a building is on the boundary of a lot or so close to the boundary of a lot that maintenance or replacement in relation to the building is not able to be carried out without entering an adjoining lot, the proprietor of the lot on which the building is situated is entitled to enter the adjoining lot to carry out the maintenance or replacement.\n(sec.115-ssec.8) The right created by subsection (7) is an easement to which the adjoining lot is subject.\n(sec.115-ssec.9) The easement entitles the proprietor of the dominant tenement— to enter the servient tenement; and to maintain or replace any part of the proprietor’s building.\n(sec.115-ssec.10) An easement under this section must not be exercised by a proprietor in a way that unreasonably prevents another proprietor from enjoying the use and occupation of the other proprietor’s lot or the common property.\n- (a) as belonging to any lot or common property within the site—an easement for the passage or supply of the service through or by way of pipes, poles, wires, cables or ducts (to be laid down or erected or that are already existing) in or over the site to the extent to which the service is capable of being used in the enjoyment of the lots or common property; and\n- (b) as affecting any lot or common property within the site—an easement for the passage or supply of the service through or by way of pipes, poles, wires, cables or ducts (to be laid down or erected or that are already existing) in or over the site to the extent to which the service is capable of being used in the enjoyment of lots or common property.\n- (a) as belonging to any lot or common property within the site on which a building or structure is wholly or partly situated—an easement for the subjacent and lateral support by other buildings or structures or parts of buildings or structures that are capable of giving support; and\n- (b) as affecting any lot or common property within the site on which a building or structure is wholly or partly situated—an easement for the subjacent and lateral support of other buildings or structures or parts of buildings or structures that are capable of being supported; and\n- (c) as belonging to any lot or common property within the site on which a building or structure is wholly or partly situated—an easement for shelter by other buildings or structures or parts of buildings or structures that are capable of giving shelter; and\n- (d) as affecting any lot or common property within the site on which a building or structure is wholly or partly situated—an easement for the shelter of other buildings or structures or parts of buildings or structures that are capable of being sheltered.\n- (a) easements belonging to and affecting lots in a plan created under the Building Units and Group Titles Act 1980 ; or\n- (b) easements belonging to and affecting stratum lots in a stratum plan under part 6 .\n- (a) to enter the servient tenement; and\n- (b) to maintain or replace any part of the proprietor’s building.","sortOrder":138},{"sectionNumber":"sec.116","sectionType":"section","heading":"Ancillary rights","content":"### sec.116 Ancillary rights\n\nAll ancillary rights and obligations that are necessary and reasonable to make an easement under this subdivision effective are conferred by this section.","sortOrder":139},{"sectionNumber":"sec.117","sectionType":"section","heading":"Creation of easements by comprehensive resolution","content":"### sec.117 Creation of easements by comprehensive resolution\n\nA community body corporate or precinct body corporate may by comprehensive resolution—\nexecute a grant of easement; and\naccept a grant of easement; and\nsurrender a grant of easement; and\naccept the surrender of a grant of easement.\n- (a) execute a grant of easement; and\n- (b) accept a grant of easement; and\n- (c) surrender a grant of easement; and\n- (d) accept the surrender of a grant of easement.","sortOrder":140},{"sectionNumber":"sec.118","sectionType":"section","heading":"Approval of sequential plans by local authority","content":"### sec.118 Approval of sequential plans by local authority\n\nIf a number of plans are lodged with a local government at the same time, the local government may approve the plans if it is satisfied that access and other matters of which it must be satisfied will be effected if the plans are registered in the appropriate order.\nIn subsection (1) —\nplan includes a community plan, precinct plan, group titles and building units plan.\ns 118 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.118-ssec.1) If a number of plans are lodged with a local government at the same time, the local government may approve the plans if it is satisfied that access and other matters of which it must be satisfied will be effected if the plans are registered in the appropriate order.\n(sec.118-ssec.2) In subsection (1) — plan includes a community plan, precinct plan, group titles and building units plan.","sortOrder":141},{"sectionNumber":"sec.119","sectionType":"section","heading":"Registration of sequential plans by registrar of titles","content":"### sec.119 Registration of sequential plans by registrar of titles\n\nIf the plans have been endorsed by the local government under section 118 the registrar of titles may register the plans in the appropriate order.\ns 119 amd 1999 No. 30 s 98 sch 3 pt 1","sortOrder":142},{"sectionNumber":"pt.6","sectionType":"part","heading":"Stratum subdivision","content":"# Stratum subdivision","sortOrder":143},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":144},{"sectionNumber":"sec.120","sectionType":"section","heading":"Definition","content":"### sec.120 Definition\n\nIn this part—\nland includes—\nany estate in, on, over or under land; and\nthe airspace above the surface of land and any estate in the airspace; and\nthe subsoil of land and any estate in the subsoil; and\na building; and\na stratum lot.\n- (a) any estate in, on, over or under land; and\n- (b) the airspace above the surface of land and any estate in the airspace; and\n- (c) the subsoil of land and any estate in the subsoil; and\n- (d) a building; and\n- (e) a stratum lot.","sortOrder":145},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Subdivision","content":"## Subdivision","sortOrder":146},{"sectionNumber":"sec.121","sectionType":"section","heading":"Stratum lots and dealings with stratum lots","content":"### sec.121 Stratum lots and dealings with stratum lots\n\nDespite the Real Property Acts—\nland comprising a community development lot, precinct development lot or balance precinct development lot may be subdivided by a stratum plan; and\na stratum lot may be subdivided by a stratum plan of subdivision; and\nminor adjustments may be made to the boundaries of stratum lots by a stratum boundary adjustment plan; and\nstratum lots may be amalgamated by a stratum plan of amalgamation.\nThe Real Property Acts apply to stratum lots with any necessary modifications.\n(sec.121-ssec.1) Despite the Real Property Acts— land comprising a community development lot, precinct development lot or balance precinct development lot may be subdivided by a stratum plan; and a stratum lot may be subdivided by a stratum plan of subdivision; and minor adjustments may be made to the boundaries of stratum lots by a stratum boundary adjustment plan; and stratum lots may be amalgamated by a stratum plan of amalgamation.\n(sec.121-ssec.2) The Real Property Acts apply to stratum lots with any necessary modifications.\n- (a) land comprising a community development lot, precinct development lot or balance precinct development lot may be subdivided by a stratum plan; and\n- (b) a stratum lot may be subdivided by a stratum plan of subdivision; and\n- (c) minor adjustments may be made to the boundaries of stratum lots by a stratum boundary adjustment plan; and\n- (d) stratum lots may be amalgamated by a stratum plan of amalgamation.","sortOrder":147},{"sectionNumber":"sec.122","sectionType":"section","heading":"Stratum boundary adjustment plan","content":"### sec.122 Stratum boundary adjustment plan\n\nThe boundaries of stratum lots may be adjusted by the registration of a stratum boundary adjustment plan if the local government is satisfied that the adjustment is minor.\nOn registration of the plan by the registrar of titles, the land vests in accordance with the adjusted boundaries.\nA registered mortgage, lease or other registered estate in a stratum lot adjusted by the registration of a stratum boundary adjustment plan—\nis not affected by the registration of the plan; and\nis taken to relate to the adjusted stratum lot.\ns 122 amd 1999 No. 30 s 98 sch 3 pt 1 ; 2001 No. 71 s 551 sch 1\n(sec.122-ssec.1) The boundaries of stratum lots may be adjusted by the registration of a stratum boundary adjustment plan if the local government is satisfied that the adjustment is minor.\n(sec.122-ssec.2) On registration of the plan by the registrar of titles, the land vests in accordance with the adjusted boundaries.\n(sec.122-ssec.4) A registered mortgage, lease or other registered estate in a stratum lot adjusted by the registration of a stratum boundary adjustment plan— is not affected by the registration of the plan; and is taken to relate to the adjusted stratum lot.\n- (a) is not affected by the registration of the plan; and\n- (b) is taken to relate to the adjusted stratum lot.","sortOrder":148},{"sectionNumber":"sec.123","sectionType":"section","heading":"Stratum plan of subdivision","content":"### sec.123 Stratum plan of subdivision\n\nA stratum lot may be subdivided into 2 or more stratum lots by the registration of a stratum plan of subdivision.\nThe registrar of titles may register a stratum plan of subdivision only if the plan is accompanied by a schedule showing, as a whole number for each proposed stratum lot, the proposed value proportion for each stratum lot for the purposes of sections 132 and 138 (2) (q) .\nIn registering a stratum plan of subdivision, the registrar of titles may make any recordings on, and amendments of, the relevant management statement that the registrar of titles considers appropriate to give effect to the plan.\ns 123 amd 1993 No. 80 s 7 ; 2010 No. 39 s 325 sch 1 pt 2\n(sec.123-ssec.1) A stratum lot may be subdivided into 2 or more stratum lots by the registration of a stratum plan of subdivision.\n(sec.123-ssec.2) The registrar of titles may register a stratum plan of subdivision only if the plan is accompanied by a schedule showing, as a whole number for each proposed stratum lot, the proposed value proportion for each stratum lot for the purposes of sections 132 and 138 (2) (q) .\n(sec.123-ssec.3) In registering a stratum plan of subdivision, the registrar of titles may make any recordings on, and amendments of, the relevant management statement that the registrar of titles considers appropriate to give effect to the plan.","sortOrder":149},{"sectionNumber":"sec.124","sectionType":"section","heading":"Stratum plan of amalgamation","content":"### sec.124 Stratum plan of amalgamation\n\nTwo or more, or all, stratum lots in a stratum plan may be amalgamated by the registration of a stratum plan of amalgamation.\nHowever, a stratum lot that has been subdivided by a building units plan may be amalgamated with another stratum lot only if the building units plan has been extinguished.\nIn registering a stratum plan of amalgamation, the registrar of titles may make any recordings on, and amendments of, the relevant management statement that the registrar of titles considers appropriate to give effect to the plan.\nFor the purposes of sections 132 and 138 (2) (q) , the relevant value proportion for the stratum lot created by the amalgamation of 2 or more stratum lots is the total of the value proportions of the stratum lots.\nOn registration of a stratum plan of amalgamation that amalgamates all of the stratum lots in a stratum plan—\nthe stratum plan is extinguished; and\nthe relevant management statement is terminated.\nA stratum plan of amalgamation mentioned in subsection (5) must be accompanied by a request to terminate the relevant management statement.\nThe request must comply with the requirements prescribed by regulation.\nIf a stratum plan of amalgamation is accompanied by a request to terminate a management statement, the registrar of titles—\nmust record the termination of the management statement on the stratum plan to which it relates; and\nmay make such other recordings in the register as the registrar of titles considers appropriate to give effect to the termination.\ns 124 amd 1993 No. 80 s 8 ; 2010 No. 39 s 325 sch 1 pt 2\n(sec.124-ssec.1) Two or more, or all, stratum lots in a stratum plan may be amalgamated by the registration of a stratum plan of amalgamation.\n(sec.124-ssec.2) However, a stratum lot that has been subdivided by a building units plan may be amalgamated with another stratum lot only if the building units plan has been extinguished.\n(sec.124-ssec.3) In registering a stratum plan of amalgamation, the registrar of titles may make any recordings on, and amendments of, the relevant management statement that the registrar of titles considers appropriate to give effect to the plan.\n(sec.124-ssec.4) For the purposes of sections 132 and 138 (2) (q) , the relevant value proportion for the stratum lot created by the amalgamation of 2 or more stratum lots is the total of the value proportions of the stratum lots.\n(sec.124-ssec.5) On registration of a stratum plan of amalgamation that amalgamates all of the stratum lots in a stratum plan— the stratum plan is extinguished; and the relevant management statement is terminated.\n(sec.124-ssec.6) A stratum plan of amalgamation mentioned in subsection (5) must be accompanied by a request to terminate the relevant management statement.\n(sec.124-ssec.7) The request must comply with the requirements prescribed by regulation.\n(sec.124-ssec.8) If a stratum plan of amalgamation is accompanied by a request to terminate a management statement, the registrar of titles— must record the termination of the management statement on the stratum plan to which it relates; and may make such other recordings in the register as the registrar of titles considers appropriate to give effect to the termination.\n- (a) the stratum plan is extinguished; and\n- (b) the relevant management statement is terminated.\n- (a) must record the termination of the management statement on the stratum plan to which it relates; and\n- (b) may make such other recordings in the register as the registrar of titles considers appropriate to give effect to the termination.","sortOrder":150},{"sectionNumber":"sec.125","sectionType":"section","heading":"General requirements relating to plans","content":"### sec.125 General requirements relating to plans\n\nStratum plans, stratum boundary adjustment plans, stratum plans of subdivision and stratum plans of amalgamation must comply with the requirements prescribed by regulation.\nIf a stratum plan, stratum boundary adjustment plan, stratum plan of subdivision or stratum plan of amalgamation has been approved by the local government, the registrar of titles may—\nregister the plan under the Real Property Acts; and\nissue certificates of title for stratum lots created by the registration of the plan; and\nmake such other recordings in the register as the registrar of titles considers appropriate to give effect to the registration of the plan.\nSubsection (2) has effect despite the Real Property Acts and the Survey and Mapping Infrastructure Act 2003 .\nOn registration of a stratum plan, stratum boundary adjustment plan, stratum plan of subdivision or stratum plan of amalgamation, the plan is, for the purposes of the Real Property Acts, taken to form part of the register.\ns 125 amd 1999 No. 30 s 98 sch 3 pt 1 ; 2003 No. 70 s 206 sch 2\n(sec.125-ssec.1) Stratum plans, stratum boundary adjustment plans, stratum plans of subdivision and stratum plans of amalgamation must comply with the requirements prescribed by regulation.\n(sec.125-ssec.2) If a stratum plan, stratum boundary adjustment plan, stratum plan of subdivision or stratum plan of amalgamation has been approved by the local government, the registrar of titles may— register the plan under the Real Property Acts; and issue certificates of title for stratum lots created by the registration of the plan; and make such other recordings in the register as the registrar of titles considers appropriate to give effect to the registration of the plan.\n(sec.125-ssec.3) Subsection (2) has effect despite the Real Property Acts and the Survey and Mapping Infrastructure Act 2003 .\n(sec.125-ssec.4) On registration of a stratum plan, stratum boundary adjustment plan, stratum plan of subdivision or stratum plan of amalgamation, the plan is, for the purposes of the Real Property Acts, taken to form part of the register.\n- (a) register the plan under the Real Property Acts; and\n- (b) issue certificates of title for stratum lots created by the registration of the plan; and\n- (c) make such other recordings in the register as the registrar of titles considers appropriate to give effect to the registration of the plan.","sortOrder":151},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Easements","content":"## Easements","sortOrder":152},{"sectionNumber":"sec.126","sectionType":"section","heading":"Support and shelter for certain stratum lots","content":"### sec.126 Support and shelter for certain stratum lots\n\nThere is implied in a stratum plan—\nas belonging to the stratum lots comprised in the stratum plan on which a building is situated—an easement for the subjacent and lateral support by other parts of the building that are capable of affording support; and\nas 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\nas belonging to the stratum lots—an easement for their shelter by other parts of the building that are capable of affording shelter; and\nas affecting the stratum lots—an easement for the shelter of other parts of the building that are capable of being sheltered by the stratum lots.\nThe easement for support and shelter implied by subsection (1) —\nentitles the proprietor of the dominant tenement to enter the servient tenement to maintain or replace any support or shelter; and\nsubsists until the stratum plan is extinguished or the easement is otherwise surrendered.\nThis section does not affect an implied easement belonging to and affecting the lots in a building units plan created under the Building Units and Group Titles Act 1980 .\nA management statement may exclude or modify this section expressly or by implication.\n(sec.126-ssec.1) There is implied in a stratum plan— as belonging to the stratum lots comprised in the stratum plan on which a building is situated—an easement for the subjacent and lateral support by other parts of the building that are capable of affording support; and 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 as belonging to the stratum lots—an easement for their shelter by other parts of the building that are capable of affording shelter; and as affecting the stratum lots—an easement for the shelter of other parts of the building that are capable of being sheltered by the stratum lots.\n(sec.126-ssec.2) The easement for support and shelter implied by subsection (1) — entitles the proprietor of the dominant tenement to enter the servient tenement to maintain or replace any support or shelter; and subsists until the stratum plan is extinguished or the easement is otherwise surrendered.\n(sec.126-ssec.3) This section does not affect an implied easement belonging to and affecting the lots in a building units plan created under the Building Units and Group Titles Act 1980 .\n(sec.126-ssec.4) A management statement may exclude or modify this section expressly or by implication.\n- (a) as belonging to the stratum lots comprised in the stratum plan on which a building is situated—an easement for the subjacent and lateral support by other parts of the building that are capable of affording support; and\n- (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\n- (c) as belonging to the stratum lots—an easement for their shelter by other parts of the building that are capable of affording shelter; and\n- (d) as affecting the stratum lots—an easement for the shelter of other parts of the building that are capable of being sheltered by the stratum lots.\n- (a) entitles the proprietor of the dominant tenement to enter the servient tenement to maintain or replace any support or shelter; and\n- (b) subsists until the stratum plan is extinguished or the easement is otherwise surrendered.","sortOrder":153},{"sectionNumber":"sec.127","sectionType":"section","heading":"Services for certain stratum lots","content":"### sec.127 Services for certain stratum lots\n\nUnless an easement is created for a particular service, there is implied in a stratum plan—\nas belonging 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 through or by way of pipes, poles, wires, cables or ducts (to be laid down or erected or that are already existing) in or over the building to the extent to which the service is capable of being used in the enjoyment of the stratum lots or common property; and\nas affecting the stratum lots—an easement for the passage or supply of the service through or by way of pipes, poles, wires, cables or ducts (to be laid down or erected or that are for the time being existing) in or over the building to the extent to which the service is capable of being used in the enjoyment of the stratum lots or common property.\nAn easement under subsection (1) must not be exercised unreasonably by the proprietor of a stratum lot in a way that prevents the proprietor of another stratum lot from reasonably enjoying the use and occupation of the other proprietor’s stratum lot or common property.\nSubsection (2) does not affect an easement belonging to and affecting lots in a building units plan implied under the Building Units and Group Titles Act 1980 .\n(sec.127-ssec.1) Unless an easement is created for a particular service, there is implied in a stratum plan— as belonging 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 through or by way of pipes, poles, wires, cables or ducts (to be laid down or erected or that are already existing) in or over the building to the extent to which the service is capable of being used in the enjoyment of the stratum lots or common property; and as affecting the stratum lots—an easement for the passage or supply of the service through or by way of pipes, poles, wires, cables or ducts (to be laid down or erected or that are for the time being existing) in or over the building to the extent to which the service is capable of being used in the enjoyment of the stratum lots or common property.\n(sec.127-ssec.2) An easement under subsection (1) must not be exercised unreasonably by the proprietor of a stratum lot in a way that prevents the proprietor of another stratum lot from reasonably enjoying the use and occupation of the other proprietor’s stratum lot or common property.\n(sec.127-ssec.3) Subsection (2) does not affect an easement belonging to and affecting lots in a building units plan implied under the Building Units and Group Titles Act 1980 .\n- (a) as belonging 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 through or by way of pipes, poles, wires, cables or ducts (to be laid down or erected or that are already existing) in or over the building to the extent to which the service is capable of being used in the enjoyment of the stratum lots or common property; and\n- (b) as affecting the stratum lots—an easement for the passage or supply of the service through or by way of pipes, poles, wires, cables or ducts (to be laid down or erected or that are for the time being existing) in or over the building to the extent to which the service is capable of being used in the enjoyment of the stratum lots or common property.","sortOrder":154},{"sectionNumber":"sec.128","sectionType":"section","heading":"Right of way","content":"### sec.128 Right of way\n\nThere is implied in a stratum plan—\nas belonging to the stratum lots comprised in the stratum plan on which a building is situated—easements of right of way sufficient to allow the proprietor to pass to and from other stratum lots to and from—\nany dedicated road; or\nthe community property; or\nany precinct property;\nby using stairs, escalators, lifts, ramps, passages, corridors, pathways or roadways; and\nas affecting the stratum lots—easements of right of way sufficient to allow other proprietors to pass to and from other stratum lots to and from—\nany dedicated road; or\nthe community property; or\nany precinct property;\nby using stairs, escalators, lifts, ramps, passages, corridors, pathways or roadways; and\nas belonging to the stratum lots—easements of right of way sufficient to allow vehicles of the proprietor to pass to and from other stratum lots to and from—\nany dedicated road; or\nthe community property; or\nany precinct property;\nby using roadways or ramps; and\nas affecting the stratum lots—easements of right of way sufficient to allow the vehicles of other proprietors to pass to and from other stratum lots to and from—\nany dedicated road; or\nthe community property; or\nany precinct property;\nby using roadways or ramps.\nSubsection (1) does not affect an implied easement belonging to and affecting the lots in a building units plan created under the Building Units and Group Titles Act 1980 .\nA management statement may exclude or modify this section expressly or by implication.\nIn this section—\nproprietor includes the proprietor’s employees, agents, lessees, invitees and licensees.\n(sec.128-ssec.1) There is implied in a stratum plan— as belonging to the stratum lots comprised in the stratum plan on which a building is situated—easements of right of way sufficient to allow the proprietor to pass to and from other stratum lots to and from— any dedicated road; or the community property; or any precinct property; by using stairs, escalators, lifts, ramps, passages, corridors, pathways or roadways; and as affecting the stratum lots—easements of right of way sufficient to allow other proprietors to pass to and from other stratum lots to and from— any dedicated road; or the community property; or any precinct property; by using stairs, escalators, lifts, ramps, passages, corridors, pathways or roadways; and as belonging to the stratum lots—easements of right of way sufficient to allow vehicles of the proprietor to pass to and from other stratum lots to and from— any dedicated road; or the community property; or any precinct property; by using roadways or ramps; and as affecting the stratum lots—easements of right of way sufficient to allow the vehicles of other proprietors to pass to and from other stratum lots to and from— any dedicated road; or the community property; or any precinct property; by using roadways or ramps.\n(sec.128-ssec.2) Subsection (1) does not affect an implied easement belonging to and affecting the lots in a building units plan created under the Building Units and Group Titles Act 1980 .\n(sec.128-ssec.3) A management statement may exclude or modify this section expressly or by implication.\n(sec.128-ssec.4) In this section— proprietor includes the proprietor’s employees, agents, lessees, invitees and licensees.\n- (a) as belonging to the stratum lots comprised in the stratum plan on which a building is situated—easements of right of way sufficient to allow the proprietor to pass to and from other stratum lots to and from— (i) any dedicated road; or (ii) the community property; or (iii) any precinct property; by using stairs, escalators, lifts, ramps, passages, corridors, pathways or roadways; and\n- (i) any dedicated road; or\n- (ii) the community property; or\n- (iii) any precinct property;\n- (b) as affecting the stratum lots—easements of right of way sufficient to allow other proprietors to pass to and from other stratum lots to and from— (i) any dedicated road; or (ii) the community property; or (iii) any precinct property; by using stairs, escalators, lifts, ramps, passages, corridors, pathways or roadways; and\n- (i) any dedicated road; or\n- (ii) the community property; or\n- (iii) any precinct property;\n- (c) as belonging to the stratum lots—easements of right of way sufficient to allow vehicles of the proprietor to pass to and from other stratum lots to and from— (i) any dedicated road; or (ii) the community property; or (iii) any precinct property; by using roadways or ramps; and\n- (i) any dedicated road; or\n- (ii) the community property; or\n- (iii) any precinct property;\n- (d) as affecting the stratum lots—easements of right of way sufficient to allow the vehicles of other proprietors to pass to and from other stratum lots to and from— (i) any dedicated road; or (ii) the community property; or (iii) any precinct property; by using roadways or ramps.\n- (i) any dedicated road; or\n- (ii) the community property; or\n- (iii) any precinct property;\n- (i) any dedicated road; or\n- (ii) the community property; or\n- (iii) any precinct property;\n- (i) any dedicated road; or\n- (ii) the community property; or\n- (iii) any precinct property;\n- (i) any dedicated road; or\n- (ii) the community property; or\n- (iii) any precinct property;\n- (i) any dedicated road; or\n- (ii) the community property; or\n- (iii) any precinct property;","sortOrder":155},{"sectionNumber":"sec.129","sectionType":"section","heading":"Ancillary rights for easements","content":"### sec.129 Ancillary rights for easements\n\nAll ancillary rights and obligations that are necessary and reasonable to make an easement under this part effective are conferred by this section.","sortOrder":156},{"sectionNumber":"sec.130","sectionType":"section","heading":"Subdivision of stratum lot by building units plan","content":"### sec.130 Subdivision of stratum lot by building units plan\n\nLand comprised in a stratum lot (including, for example, a part of a building) may be subdivided into lots, or lots and common property, by the registration of a building units plan.\nThe Building Units and Group Titles Act 1980 applies to land that is subdivided under this section.\n(sec.130-ssec.1) Land comprised in a stratum lot (including, for example, a part of a building) may be subdivided into lots, or lots and common property, by the registration of a building units plan.\n(sec.130-ssec.2) The Building Units and Group Titles Act 1980 applies to land that is subdivided under this section.","sortOrder":157},{"sectionNumber":"sec.131","sectionType":"section","heading":"Creation of easements","content":"### sec.131 Creation of easements\n\nThe registrar of titles may register a stratum plan that—\nclearly indicates the nature and location of an easement intended to be created on registration of the stratum plan; and\nis accompanied by an instrument in the approved form signed by the proprietor of the land to be burdened by the easement.\nThe instrument—\nmust specify the nature and location of the easement and any conditions to which it is subject; and\nmust specify the land to be benefited, and the land to be burdened, by the easement; and\nmay nominate a person whose consent to a surrender of an easement is required.\nHowever, an easement may be created in favour of the State, the Commonwealth, a local government or the provider of a public utility service to enable the supply of services to stratum lots even though the easement is not annexed to, or used and enjoyed with, other land.\nAn easement under this section may be limited wholly or partly in height or depth.\nOn registration of a stratum plan and instrument, the proposed easements shown on the stratum plan—\nare created; and\nvest in the person entitled to the benefit of the easement.\nOn registration of a stratum plan—\nan easement created by the registration has effect subject to the conditions specified in the instrument as if the instrument were a deed under seal; and\nthe nomination in the instrument of a person whose consent to a surrender of the easement is required operates to require the consent of the person to a surrender of the easement.\nFor the purposes of this section, the site of an easement may be indicated on the stratum plan—\nif the easement is intended to be created in relation to existing tunnels, pipes, conduits, wires or other similar objects that are underground or within or beneath an existing building—by defining the position of the easements by reference to the objects; and\nas applying to the whole or part of a lot.\nSubsection (2) (c) does not affect the requirement for the proprietor of the land benefited by an easement to join in a surrender of the easement.\nAn easement may be created under this section, and 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.\nIn issuing a certificate of title for land benefited or burdened by an easement under this section, the registrar of titles is to record the easement on the certificate of title in a way that the registrar of titles considers appropriate.\nAn easement 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.\nSubsections (1) and (9) have effect despite—\nthe Real Property Acts or any other Act; or\nany rule of law or equity to the contrary.\ns 131 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.131-ssec.1) The registrar of titles may register a stratum plan that— clearly indicates the nature and location of an easement intended to be created on registration of the stratum plan; and is accompanied by an instrument in the approved form signed by the proprietor of the land to be burdened by the easement.\n(sec.131-ssec.2) The instrument— must specify the nature and location of the easement and any conditions to which it is subject; and must specify the land to be benefited, and the land to be burdened, by the easement; and may nominate a person whose consent to a surrender of an easement is required.\n(sec.131-ssec.3) However, an easement may be created in favour of the State, the Commonwealth, a local government or the provider of a public utility service to enable the supply of services to stratum lots even though the easement is not annexed to, or used and enjoyed with, other land.\n(sec.131-ssec.4) An easement under this section may be limited wholly or partly in height or depth.\n(sec.131-ssec.5) On registration of a stratum plan and instrument, the proposed easements shown on the stratum plan— are created; and vest in the person entitled to the benefit of the easement.\n(sec.131-ssec.6) On registration of a stratum plan— an easement created by the registration has effect subject to the conditions specified in the instrument as if the instrument were a deed under seal; and the nomination in the instrument of a person whose consent to a surrender of the easement is required operates to require the consent of the person to a surrender of the easement.\n(sec.131-ssec.7) For the purposes of this section, the site of an easement may be indicated on the stratum plan— if the easement is intended to be created in relation to existing tunnels, pipes, conduits, wires or other similar objects that are underground or within or beneath an existing building—by defining the position of the easements by reference to the objects; and as applying to the whole or part of a lot.\n(sec.131-ssec.8) Subsection (2) (c) does not affect the requirement for the proprietor of the land benefited by an easement to join in a surrender of the easement.\n(sec.131-ssec.9) An easement may be created under this section, and 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.\n(sec.131-ssec.10) In issuing a certificate of title for land benefited or burdened by an easement under this section, the registrar of titles is to record the easement on the certificate of title in a way that the registrar of titles considers appropriate.\n(sec.131-ssec.11) An easement 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.\n(sec.131-ssec.12) Subsections (1) and (9) have effect despite— the Real Property Acts or any other Act; or any rule of law or equity to the contrary.\n- (a) clearly indicates the nature and location of an easement intended to be created on registration of the stratum plan; and\n- (b) is accompanied by an instrument in the approved form signed by the proprietor of the land to be burdened by the easement.\n- (a) must specify the nature and location of the easement and any conditions to which it is subject; and\n- (b) must specify the land to be benefited, and the land to be burdened, by the easement; and\n- (c) may nominate a person whose consent to a surrender of an easement is required.\n- (a) are created; and\n- (b) vest in the person entitled to the benefit of the easement.\n- (a) an easement created by the registration has effect subject to the conditions specified in the instrument as if the instrument were a deed under seal; and\n- (b) the nomination in the instrument of a person whose consent to a surrender of the easement is required operates to require the consent of the person to a surrender of the easement.\n- (a) if the easement is intended to be created in relation to existing tunnels, pipes, conduits, wires or other similar objects that are underground or within or beneath an existing building—by defining the position of the easements by reference to the objects; and\n- (b) as applying to the whole or part of a lot.\n- (a) the Real Property Acts or any other Act; or\n- (b) any rule of law or equity to the contrary.","sortOrder":158},{"sectionNumber":"pt.6-div.4","sectionType":"division","heading":"Valuation","content":"## Valuation","sortOrder":159},{"sectionNumber":"sec.132","sectionType":"section","heading":"Valuation of stratum lots","content":"### sec.132 Valuation of stratum lots\n\nIn valuing land comprised in a stratum plan, the valuer-general must follow the following steps—\nthe land comprised in the stratum plan must be first valued as though the land were a single parcel of land in a single ownership even though the land may consist of 1 or more stratum lots;\nthe value of the land in the stratum plan must then be apportioned between the stratum lots in the stratum plan according to the value proportions allocated in the management statement.\nFor the purposes of making, levying and assessing rates, charges and land tax, the value apportioned to each stratum lot is taken to be the value of the stratum lot.\nIf the management statement is amended to give effect to a change in the value proportions allocated to a stratum lot, the valuer-general must, on notification of the amendment, make new valuations of the stratum lots affected by the amendment—\nif the amendment is made under section 123 (3) —by apportioning the former value of the former stratum lot the subject of the subdivision between the new stratum lots created by the subdivision according to the new value proportions allocated in the amended management statement; and\nif the amendment is made under section 124 (3) —by taking the total of the former values of the former stratum lots the subject of the amalgamation as the value of the stratum lot created by the amalgamation; and\nif the amendment is made under section 136 (1) (a) —by apportioning the value of the land in the stratum plan between the stratum lots in the stratum plan—\naccording to the new value proportion allocated in the amended management statement; or\nif the value proportions of some stratum lots remain unchanged—according to the unchanged proportions.\nIf a stratum lot in a stratum plan has become 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 the Building Units and Group Titles Act 1980 .\nSubsection (1) has effect despite the Land Valuation Act 2010 or any other Act relating to the valuation or rating of land, but is taken to be a valuation of land under the Land Valuation Act 2010 .\nFor ‘value’ see the Land Valuation Act 2010 , chapter 2 and chapter 10 , part 3 .\ns 132 amd 2010 No. 39 s 325 sch 1 pt 2\n(sec.132-ssec.1) In valuing land comprised in a stratum plan, the valuer-general must follow the following steps— the land comprised in the stratum plan must be first valued as though the land were a single parcel of land in a single ownership even though the land may consist of 1 or more stratum lots; the value of the land in the stratum plan must then be apportioned between the stratum lots in the stratum plan according to the value proportions allocated in the management statement.\n(sec.132-ssec.2) For the purposes of making, levying and assessing rates, charges and land tax, the value apportioned to each stratum lot is taken to be the value of the stratum lot.\n(sec.132-ssec.3) If the management statement is amended to give effect to a change in the value proportions allocated to a stratum lot, the valuer-general must, on notification of the amendment, make new valuations of the stratum lots affected by the amendment— if the amendment is made under section 123 (3) —by apportioning the former value of the former stratum lot the subject of the subdivision between the new stratum lots created by the subdivision according to the new value proportions allocated in the amended management statement; and if the amendment is made under section 124 (3) —by taking the total of the former values of the former stratum lots the subject of the amalgamation as the value of the stratum lot created by the amalgamation; and if the amendment is made under section 136 (1) (a) —by apportioning the value of the land in the stratum plan between the stratum lots in the stratum plan— according to the new value proportion allocated in the amended management statement; or if the value proportions of some stratum lots remain unchanged—according to the unchanged proportions.\n(sec.132-ssec.4) If a stratum lot in a stratum plan has become 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 the Building Units and Group Titles Act 1980 .\n(sec.132-ssec.5) Subsection (1) has effect despite the Land Valuation Act 2010 or any other Act relating to the valuation or rating of land, but is taken to be a valuation of land under the Land Valuation Act 2010 . For ‘value’ see the Land Valuation Act 2010 , chapter 2 and chapter 10 , part 3 .\n- (a) the land comprised in the stratum plan must be first valued as though the land were a single parcel of land in a single ownership even though the land may consist of 1 or more stratum lots;\n- (b) the value of the land in the stratum plan must then be apportioned between the stratum lots in the stratum plan according to the value proportions allocated in the management statement.\n- (a) if the amendment is made under section 123 (3) —by apportioning the former value of the former stratum lot the subject of the subdivision between the new stratum lots created by the subdivision according to the new value proportions allocated in the amended management statement; and\n- (b) if the amendment is made under section 124 (3) —by taking the total of the former values of the former stratum lots the subject of the amalgamation as the value of the stratum lot created by the amalgamation; and\n- (c) if the amendment is made under section 136 (1) (a) —by apportioning the value of the land in the stratum plan between the stratum lots in the stratum plan— (i) according to the new value proportion allocated in the amended management statement; or (ii) if the value proportions of some stratum lots remain unchanged—according to the unchanged proportions.\n- (i) according to the new value proportion allocated in the amended management statement; or\n- (ii) if the value proportions of some stratum lots remain unchanged—according to the unchanged proportions.\n- (i) according to the new value proportion allocated in the amended management statement; or\n- (ii) if the value proportions of some stratum lots remain unchanged—according to the unchanged proportions.","sortOrder":160},{"sectionNumber":"pt.6-div.5","sectionType":"division","heading":"Management statements","content":"## Management statements","sortOrder":161},{"sectionNumber":"sec.133","sectionType":"section","heading":"Requirements of management statement","content":"### sec.133 Requirements of management statement\n\nThe registrar of titles may register a stratum plan only if the plan is accompanied by a statement ( management statement ) that—\nif the stratum plan subdivides land that includes parts of a building—regulates the building and its site; and\nif 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\ncomplies with sections 137 and 138 ; and\nhas been approved by the relevant local government.\nHowever, 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.\ns 133 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.133-ssec.1) The registrar of titles may register a stratum plan only if the plan is accompanied by a statement ( management statement ) that— if the stratum plan subdivides land that includes parts of a building—regulates the building and its site; and 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 complies with sections 137 and 138 ; and has been approved by the relevant local government.\n(sec.133-ssec.2) However, 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.\n- (a) if the stratum plan subdivides land that includes parts of a building—regulates the building and its site; and\n- (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\n- (c) complies with sections 137 and 138 ; and\n- (d) has been approved by the relevant local government.","sortOrder":162},{"sectionNumber":"sec.134","sectionType":"section","heading":"Recording of management statement","content":"### sec.134 Recording of management statement\n\nIf a management statement is approved by the local government, then, immediately after the registration of the stratum plan to which it relates, the registrar of titles is to record the management statement on the stratum plan.\nIf a stratum lot in the stratum plan mentioned in subsection (1) is subsequently subdivided by a building units plan, the registrar of titles is to record the management statement, and any amendments of the management statement, on the building units plan.\ns 134 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.134-ssec.1) If a management statement is approved by the local government, then, immediately after the registration of the stratum plan to which it relates, the registrar of titles is to record the management statement on the stratum plan.\n(sec.134-ssec.2) If a stratum lot in the stratum plan mentioned in subsection (1) is subsequently subdivided by a building units plan, the registrar of titles is to record the management statement, and any amendments of the management statement, on the building units plan.","sortOrder":163},{"sectionNumber":"sec.135","sectionType":"section","heading":"Effect of management statement","content":"### sec.135 Effect of management statement\n\nThe management statement is binding on—\nthe body corporate of the building units plan for the part of the building concerned; and\na proprietor, lessee, sublessee, occupier or mortgagee of a lot in the building units plan for the part of the building concerned; and\na proprietor, lessee, sublessee, occupier or mortgagee of any part of the building or its site that does not form part of a stratum parcel.\nSubsection (1) has effect as if—\nthe management statement included mutual covenants to observe its provisions entered into by each person bound by it; and\neach person bound had signed the management statement under seal.\nDespite subsections (1) and (2) , the management statement does not affect the rights of a person under a lease or mortgage entered into or given before the registration of the stratum plan.\n(sec.135-ssec.1) The management statement is binding on— the body corporate of the building units plan for the part of the building concerned; and a proprietor, lessee, sublessee, occupier or mortgagee of a lot in the building units plan for the part of the building concerned; and a proprietor, lessee, sublessee, occupier or mortgagee of any part of the building or its site that does not form part of a stratum parcel.\n(sec.135-ssec.2) Subsection (1) has effect as if— the management statement included mutual covenants to observe its provisions entered into by each person bound by it; and each person bound had signed the management statement under seal.\n(sec.135-ssec.3) Despite subsections (1) and (2) , the management statement does not affect the rights of a person under a lease or mortgage entered into or given before the registration of the stratum plan.\n- (a) the body corporate of the building units plan for the part of the building concerned; and\n- (b) a proprietor, lessee, sublessee, occupier or mortgagee of a lot in the building units plan for the part of the building concerned; and\n- (c) a proprietor, lessee, sublessee, occupier or mortgagee of any part of the building or its site that does not form part of a stratum parcel.\n- (a) the management statement included mutual covenants to observe its provisions entered into by each person bound by it; and\n- (b) each person bound had signed the management statement under seal.","sortOrder":164},{"sectionNumber":"sec.136","sectionType":"section","heading":"General provisions that apply to management statement","content":"### sec.136 General provisions that apply to management statement\n\nA management statement may restrict use of any part of the building or its site to—\nthe proprietor, lessee or sublessee of a lot in a building units plan; or\na body corporate in a building units plan; or\nthe proprietor, 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.\nA management statement ends, and ceases to bind the persons mentioned in section 134 (1) , when the registrar of titles records its termination under section 124 (8) .\nThe registrar of titles must provide to the valuer-general and the relevant local government—\na copy of a management statement within 28 days after the registration of a stratum plan that is accompanied by the management statement; and\na copy of an amendment of a management statement within 28 days after the recording of the amendment.\nIf 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 referred for final resolution to—\na single arbitrator agreed on between the persons in dispute; or\nif the persons do not agree within 14 days of receipt of a written notice given by one person to the other requiring the appointment of an arbitrator—an arbitrator appointed by the local government.\nA reference under subsection (4) is an arbitration under the Commercial Arbitration Act 2013 .\nIf a management statement or an amendment of a management statement has been approved by the local government, the registrar of titles need not determine whether the statement or amendment complies with this division but may rely on the local government’s approval.\ns 136 amd 1999 No. 30 s 98 sch 3 pt 1 ; 2009 No. 51 s 60 ; 2010 No. 39 s 325 sch 1 pt 2 ; 2013 No. 8 s 43 sch 1 pt 2\n(sec.136-ssec.1) A management statement may restrict use of any part of the building or its site to— the proprietor, lessee or sublessee of a lot in a building units plan; or a body corporate in a building units plan; or the proprietor, 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.\n(sec.136-ssec.2) A management statement ends, and ceases to bind the persons mentioned in section 134 (1) , when the registrar of titles records its termination under section 124 (8) .\n(sec.136-ssec.3) The registrar of titles must provide to the valuer-general and the relevant local government— a copy of a management statement within 28 days after the registration of a stratum plan that is accompanied by the management statement; and a copy of an amendment of a management statement within 28 days after the recording of the amendment.\n(sec.136-ssec.4) 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 referred for final resolution to— a single arbitrator agreed on between the persons in dispute; or if the persons do not agree within 14 days of receipt of a written notice given by one person to the other requiring the appointment of an arbitrator—an arbitrator appointed by the local government.\n(sec.136-ssec.5) A reference under subsection (4) is an arbitration under the Commercial Arbitration Act 2013 .\n(sec.136-ssec.6) If a management statement or an amendment of a management statement has been approved by the local government, the registrar of titles need not determine whether the statement or amendment complies with this division but may rely on the local government’s approval.\n- (a) the proprietor, lessee or sublessee of a lot in a building units plan; or\n- (b) a body corporate in a building units plan; or\n- (c) the proprietor, 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.\n- (a) a copy of a management statement within 28 days after the registration of a stratum plan that is accompanied by the management statement; and\n- (b) a copy of an amendment of a management statement within 28 days after the recording of the amendment.\n- (a) a single arbitrator agreed on between the persons in dispute; or\n- (b) if the persons do not agree within 14 days of receipt of a written notice given by one person to the other requiring the appointment of an arbitrator—an arbitrator appointed by the local government.","sortOrder":165},{"sectionNumber":"sec.137","sectionType":"section","heading":"Form of management statement","content":"### sec.137 Form of management statement\n\nA management statement must be in the approved form.","sortOrder":166},{"sectionNumber":"sec.138","sectionType":"section","heading":"Matters required for management statement","content":"### sec.138 Matters required for management statement\n\nA management statement must include—\nthe real property description of the stratum lots in the stratum plan to which the management statement relates; and\na plan that—\ndelineates the external surface boundaries of the site of the building; and\nshows the location of the building in relation to the external surface boundaries.\nThe management statement must also include particulars relating to the following—\nthe regulation (including, for example, the control and management) of—\nthe building and its site; and\nthe maintenance, use and enjoyment of the building and its site;\nthe purpose for which a stratum lot or stratum parcel may be used;\nthe establishment of the building management committee and the election of its office-bearers;\nthe composition of the building management committee;\nthe functions of the building management committee and its office-bearers in regulating the building and its site;\nmeetings of the building management committee;\nvoting on motions submitted to the building management committee;\nthe voting entitlement of each member of the building management committee;\nthe keeping of records of the business (including meetings) of the building management committee;\nthe way in which the building management committee may enter into contracts and the way in which appropriate indemnities are to be provided to members of the building management committee in relation to contracts entered into by them for the committee;\nthe inspection of documents in the custody or under the control of the building management committee;\ncertification to members of the building management committee and proprietors of lots in a building units plan as to whether there is any amount unpaid by a member or proprietor of a lot in a building units plan under the management statement;\nthe establishment and operation of financial institution accounts by the building management committee;\nthe storage and collection of garbage on and from the building and its site;\nthe location of any restricted property;\ncompliance with fire safety requirements;\nthe apportionment of the value of land comprised in the relevant stratum plan between stratum lots in the stratum plan;\nthe insurance in relation to the building and its site and the apportionment of the cost of insurance premiums;\nany other matters prescribed by regulation.\nEach body corporate for a building units plan for part of the building, and any other proprietor 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.\nIf a management statement restricts use of any part of the building or its site, the management statement must include the following—\na description of the restricted property;\ndetails of the persons entitled to use the restricted property;\nthe conditions on which the persons may use the restricted property;\nparticulars relating to—\naccess to the restricted property; and\nthe keeping and supply of any necessary key;\nparticulars of the hours during which the restricted property may be used;\nprovisions relating to the maintenance of the restricted property;\nprovisions relating to the determination, imposition and collection of levies from the persons entitled to use the restricted property.\nThe relevant local government may, in relation to a particular management statement, waive compliance with a matter mentioned in subsection (2) if it considers compliance with the item is unnecessary, unreasonable or impracticable for the regulation of the building and its site or proposed building and its site.\nIf the local government waives compliance with a matter mentioned in subsection (2) , it must endorse that fact on the management statement.\ns 138 amd 1997 No. 17 s 74 sch ; 1999 No. 30 s 98 sch 3 pt 1 ; 2010 No. 39 s 325 sch 1 pt 2\n(sec.138-ssec.1) A management statement must include— the real property description of the stratum lots in the stratum plan to which the management statement relates; and 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.\n(sec.138-ssec.2) The management statement must also include particulars relating to the following— the regulation (including, for example, the control and management) of— the building and its site; and the maintenance, use and enjoyment of the building and its site; the purpose for which a stratum lot or stratum parcel may be used; the establishment of the building management committee and the election of its office-bearers; the composition of the building management committee; the functions of the building management committee and its office-bearers in regulating the building and its site; meetings of the building management committee; voting on motions submitted to the building management committee; the voting entitlement of each member of the building management committee; the keeping of records of the business (including meetings) of the building management committee; the way in which the building management committee may enter into contracts and the way in which appropriate indemnities are to be provided to members of the building management committee in relation to contracts entered into by them for the committee; the inspection of documents in the custody or under the control of the building management committee; certification to members of the building management committee and proprietors of lots in a building units plan as to whether there is any amount unpaid by a member or proprietor of a lot in a building units plan under the management statement; the establishment and operation of financial institution accounts by the building management committee; the storage and collection of garbage on and from the building and its site; the location of any restricted property; compliance with fire safety requirements; the apportionment of the value of land comprised in the relevant stratum plan between stratum lots in the stratum plan; the insurance in relation to the building and its site and the apportionment of the cost of insurance premiums; any other matters prescribed by regulation.\n(sec.138-ssec.3) Each body corporate for a building units plan for part of the building, and any other proprietor 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.\n(sec.138-ssec.4) If a management statement restricts use of any part of the building or its site, the management statement must include the following— a description of the restricted property; details of the persons entitled to use the restricted property; the conditions on which the persons may use the restricted property; particulars relating to— access to the restricted property; and the keeping and supply of any necessary key; particulars of the hours during which the restricted property may be used; provisions relating to the maintenance of the restricted property; provisions relating to the determination, imposition and collection of levies from the persons entitled to use the restricted property.\n(sec.138-ssec.5) The relevant local government may, in relation to a particular management statement, waive compliance with a matter mentioned in subsection (2) if it considers compliance with the item is unnecessary, unreasonable or impracticable for the regulation of the building and its site or proposed building and its site.\n(sec.138-ssec.6) If the local government waives compliance with a matter mentioned in subsection (2) , it must endorse that fact on the management statement.\n- (a) the real property description of the stratum lots in the stratum plan to which the management statement relates; and\n- (b) a plan that— (i) delineates the external surface boundaries of the site of the building; and (ii) shows the location of the building in relation to the external surface boundaries.\n- (i) delineates the external surface boundaries of the site of the building; and\n- (ii) shows the location of the building in relation to the external surface boundaries.\n- (i) delineates the external surface boundaries of the site of the building; and\n- (ii) shows the location of the building in relation to the external surface boundaries.\n- (a) the regulation (including, for example, the control and management) of— (i) the building and its site; and (ii) the maintenance, use and enjoyment of the building and its site;\n- (i) the building and its site; and\n- (ii) the maintenance, use and enjoyment of the building and its site;\n- (b) the purpose for which a stratum lot or stratum parcel may be used;\n- (c) the establishment of the building management committee and the election of its office-bearers;\n- (d) the composition of the building management committee;\n- (e) the functions of the building management committee and its office-bearers in regulating the building and its site;\n- (f) meetings of the building management committee;\n- (g) voting on motions submitted to the building management committee;\n- (h) the voting entitlement of each member of the building management committee;\n- (i) the keeping of records of the business (including meetings) of the building management committee;\n- (j) the way in which the building management committee may enter into contracts and the way in which appropriate indemnities are to be provided to members of the building management committee in relation to contracts entered into by them for the committee;\n- (k) the inspection of documents in the custody or under the control of the building management committee;\n- (l) certification to members of the building management committee and proprietors of lots in a building units plan as to whether there is any amount unpaid by a member or proprietor of a lot in a building units plan under the management statement;\n- (m) the establishment and operation of financial institution accounts by the building management committee;\n- (n) the storage and collection of garbage on and from the building and its site;\n- (o) the location of any restricted property;\n- (p) compliance with fire safety requirements;\n- (q) the apportionment of the value of land comprised in the relevant stratum plan between stratum lots in the stratum plan;\n- (r) the insurance in relation to the building and its site and the apportionment of the cost of insurance premiums;\n- (s) any other matters prescribed by regulation.\n- (i) the building and its site; and\n- (ii) the maintenance, use and enjoyment of the building and its site;\n- (a) a description of the restricted property;\n- (b) details of the persons entitled to use the restricted property;\n- (c) the conditions on which the persons may use the restricted property;\n- (d) particulars relating to— (i) access to the restricted property; and (ii) the keeping and supply of any necessary key;\n- (i) access to the restricted property; and\n- (ii) the keeping and supply of any necessary key;\n- (e) particulars of the hours during which the restricted property may be used;\n- (f) provisions relating to the maintenance of the restricted property;\n- (g) provisions relating to the determination, imposition and collection of levies from the persons entitled to use the restricted property.\n- (i) access to the restricted property; and\n- (ii) the keeping and supply of any necessary key;","sortOrder":167},{"sectionNumber":"sec.139","sectionType":"section","heading":"Optional matters for management statement","content":"### sec.139 Optional matters for management statement\n\nA management statement may include particulars relating to any matter concerning the building and its site.\nWithout limiting subsection (1) , the management statement may include particulars relating to any of the following—\nsafety and security measures;\nthe appointment of a building manager;\nthe control of unacceptable noise levels;\nprohibiting or regulating trading activities;\nmanagement and service contracts (which must not be for a term of more than 5 years);\nan architectural code to preserve the appearance of the building;\na landscaping code to preserve the appearance of the building or its site;\nany matters prescribed by regulation.\nA management statement may include plans and other instruments.\n(sec.139-ssec.1) A management statement may include particulars relating to any matter concerning the building and its site.\n(sec.139-ssec.2) Without limiting subsection (1) , the management statement may include particulars relating to any of the following— safety and security measures; the appointment of a building manager; the control of unacceptable noise levels; prohibiting or regulating trading activities; management and service contracts (which must not be for a term of more than 5 years); an architectural code to preserve the appearance of the building; a landscaping code to preserve the appearance of the building or its site; any matters prescribed by regulation.\n(sec.139-ssec.3) A management statement may include plans and other instruments.\n- (a) safety and security measures;\n- (b) the appointment of a building manager;\n- (c) the control of unacceptable noise levels;\n- (d) prohibiting or regulating trading activities;\n- (e) management and service contracts (which must not be for a term of more than 5 years);\n- (f) an architectural code to preserve the appearance of the building;\n- (g) a landscaping code to preserve the appearance of the building or its site;\n- (h) any matters prescribed by regulation.","sortOrder":168},{"sectionNumber":"sec.140","sectionType":"section","heading":"Amendment of management statement","content":"### sec.140 Amendment of management statement\n\nThe particulars in a management statement may only be amended—\nin relation to a matter mentioned in section 138 (2) (d) , (h) and (q) —by unanimous resolution of the building management committee; or\nin relation to—\na matter mentioned in section 136 (1) ; or\na change in the purpose for which a stratum lot or a stratum parcel may be used;\nby a resolution without dissent of the building management committee; or\nin any other case—by an ordinary resolution passed by the building management committee.\nSubsection (1) (a) has effect subject to sections 123 (3) and 124 (3) .\nA body corporate of a building units plan may support a resolution to amend a management statement only if—\nif the amendment is an amendment mentioned in subsection (1) (a) —the body corporate has passed a unanimous resolution to support the amendment; and\nif the amendment is an amendment mentioned in subsection (1) (b) —the body corporate has passed a resolution without dissent to support the amendment; and\nin any other case—the body corporate has passed an ordinary resolution to support the amendment.\nAn amendment of a management statement must be approved by the local government.\nA management statement as amended must contain only the matters mentioned in sections 138 and 139 .\nAn amendment has effect only if it is lodged with the registrar of titles within 3 months after the passing of the resolution making the amendment.\nIf an amendment of a management statement has been approved by the relevant local government, the registrar of titles is to record the amendment—\non the stratum plan to which it relates; and\nif a stratum lot in the stratum plan has been subdivided by a building units plan—on the building units plan.\ns 140 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.140-ssec.1) The particulars in a management statement may only be amended— in relation to a matter mentioned in section 138 (2) (d) , (h) and (q) —by unanimous resolution of the building management committee; or in relation to— a matter mentioned in section 136 (1) ; or a change in the purpose for which a stratum lot or a stratum parcel may be used; by a resolution without dissent of the building management committee; or in any other case—by an ordinary resolution passed by the building management committee.\n(sec.140-ssec.2) Subsection (1) (a) has effect subject to sections 123 (3) and 124 (3) .\n(sec.140-ssec.3) A body corporate of a building units plan may support a resolution to amend a management statement only if— if the amendment is an amendment mentioned in subsection (1) (a) —the body corporate has passed a unanimous resolution to support the amendment; and if the amendment is an amendment mentioned in subsection (1) (b) —the body corporate has passed a resolution without dissent to support the amendment; and in any other case—the body corporate has passed an ordinary resolution to support the amendment.\n(sec.140-ssec.4) An amendment of a management statement must be approved by the local government.\n(sec.140-ssec.5) A management statement as amended must contain only the matters mentioned in sections 138 and 139 .\n(sec.140-ssec.6) An amendment has effect only if it is lodged with the registrar of titles within 3 months after the passing of the resolution making the amendment.\n(sec.140-ssec.7) If an amendment of a management statement has been approved by the relevant local government, the registrar of titles is to record the amendment— on the stratum plan to which it relates; and if a stratum lot in the stratum plan has been subdivided by a building units plan—on the building units plan.\n- (a) in relation to a matter mentioned in section 138 (2) (d) , (h) and (q) —by unanimous resolution of the building management committee; or\n- (b) in relation to— (i) a matter mentioned in section 136 (1) ; or (ii) a change in the purpose for which a stratum lot or a stratum parcel may be used; by a resolution without dissent of the building management committee; or\n- (i) a matter mentioned in section 136 (1) ; or\n- (ii) a change in the purpose for which a stratum lot or a stratum parcel may be used;\n- (c) in any other case—by an ordinary resolution passed by the building management committee.\n- (i) a matter mentioned in section 136 (1) ; or\n- (ii) a change in the purpose for which a stratum lot or a stratum parcel may be used;\n- (a) if the amendment is an amendment mentioned in subsection (1) (a) —the body corporate has passed a unanimous resolution to support the amendment; and\n- (b) if the amendment is an amendment mentioned in subsection (1) (b) —the body corporate has passed a resolution without dissent to support the amendment; and\n- (c) in any other case—the body corporate has passed an ordinary resolution to support the amendment.\n- (a) on the stratum plan to which it relates; and\n- (b) if a stratum lot in the stratum plan has been subdivided by a building units plan—on the building units plan.","sortOrder":169},{"sectionNumber":"pt.7","sectionType":"part","heading":"Land subject to tidal influence","content":"# Land subject to tidal influence","sortOrder":170},{"sectionNumber":"sec.141","sectionType":"section","heading":"Estate or interest in submerged land continues","content":"### sec.141 Estate or interest in submerged land continues\n\nIf a scheme provides for land that becomes or has become inundated by water or subject to tidal influence, an estate or interest held in the land before the land became inundated or subject to tidal influence is not affected by the inundation or tidal influence.","sortOrder":171},{"sectionNumber":"sec.142","sectionType":"section","heading":"Subdivision of submerged land","content":"### sec.142 Subdivision of submerged land\n\nA parcel of land within the site of a scheme that—\nincludes land—\nthat is submerged or subject to tidal influence; and\nto which section 141 applies; and\ndoes not extend from the shore beyond any quay line;\nmay be subdivided under this Act.\nPermanent above water access must be provided from each lot on the plan effecting the subdivision to—\na dedicated road; or\nthe community thoroughfare; or\nthe precinct thoroughfare;\neither directly or through common property of the parcel.\nFor the purposes of subsection (2) , above water access need not be access by road.\n(sec.142-ssec.1) A parcel of land within the site of a scheme that— includes land— that is submerged or subject to tidal influence; and to which section 141 applies; and does not extend from the shore beyond any quay line; may be subdivided under this Act.\n(sec.142-ssec.2) Permanent above water access must be provided from each lot on the plan effecting the subdivision to— a dedicated road; or the community thoroughfare; or the precinct thoroughfare; either directly or through common property of the parcel.\n(sec.142-ssec.3) For the purposes of subsection (2) , above water access need not be access by road.\n- (a) includes land— (i) that is submerged or subject to tidal influence; and (ii) to which section 141 applies; and\n- (i) that is submerged or subject to tidal influence; and\n- (ii) to which section 141 applies; and\n- (b) does not extend from the shore beyond any quay line;\n- (i) that is submerged or subject to tidal influence; and\n- (ii) to which section 141 applies; and\n- (a) a dedicated road; or\n- (b) the community thoroughfare; or\n- (c) the precinct thoroughfare;","sortOrder":172},{"sectionNumber":"sec.143","sectionType":"section","heading":"Construction of floating buildings and special buildings","content":"### sec.143 Construction of floating buildings and special buildings\n\nThe construction of a floating building or a special building within the site is not—\nthe construction of a vessel, harbour works or other works of any kind; or\nthe placing of a pile or any other structure;\nin, on, over, through or across land that is submerged or subject to inundation or tidal influence.\nSubsection (1) has effect only for purposes prescribed by regulation.\n(sec.143-ssec.1) The construction of a floating building or a special building within the site is not— the construction of a vessel, harbour works or other works of any kind; or the placing of a pile or any other structure; in, on, over, through or across land that is submerged or subject to inundation or tidal influence.\n(sec.143-ssec.2) Subsection (1) has effect only for purposes prescribed by regulation.\n- (a) the construction of a vessel, harbour works or other works of any kind; or\n- (b) the placing of a pile or any other structure;","sortOrder":173},{"sectionNumber":"sec.144","sectionType":"section","heading":"Tidal waters within jurisdiction of authorities","content":"### sec.144 Tidal waters within jurisdiction of authorities\n\nIf an area of the site becomes inundated with tidal water or subject to tidal influence, the banks and foreshores of the area are, to the extent that the area is beyond the quay line, taken to be within the jurisdiction of the authority that has jurisdiction over the adjacent banks and foreshores.","sortOrder":174},{"sectionNumber":"sec.145","sectionType":"section","heading":"Obligation of authorities to maintain or undertake works","content":"### sec.145 Obligation of authorities to maintain or undertake works\n\nAn authority having jurisdiction over banks and foreshores of tidal waters is obliged to maintain or undertake works (including dredging) in relation to land within the site of a scheme, or tidal waters above land within the site of a scheme, only to the extent (if any) that it agrees in writing to accept the obligation.","sortOrder":175},{"sectionNumber":"sec.146","sectionType":"section","heading":"Movement of vessels on tidal waters","content":"### sec.146 Movement of vessels on tidal waters\n\nThe proprietor of land within the site of a scheme has the right to restrict, regulate or prohibit the use or movement of vessels on, over, through or beneath tidal waters above the land if the waters are not beyond the quay line.\nIf the proprietor of land within the site permits the mooring of a vessel in waters above the land, the proprietor of other land within the site must not restrict or prohibit the movement of the vessel over the proprietor’s land that is beyond the quay line to—\nthe mooring; or\nanother place in relation to which permission to moor the vessel has been given; or\ntidal waters outside the site.\n(sec.146-ssec.1) The proprietor of land within the site of a scheme has the right to restrict, regulate or prohibit the use or movement of vessels on, over, through or beneath tidal waters above the land if the waters are not beyond the quay line.\n(sec.146-ssec.2) If the proprietor of land within the site permits the mooring of a vessel in waters above the land, the proprietor of other land within the site must not restrict or prohibit the movement of the vessel over the proprietor’s land that is beyond the quay line to— the mooring; or another place in relation to which permission to moor the vessel has been given; or tidal waters outside the site.\n- (a) the mooring; or\n- (b) another place in relation to which permission to moor the vessel has been given; or\n- (c) tidal waters outside the site.","sortOrder":176},{"sectionNumber":"sec.147","sectionType":"section","heading":"Application of laws relating to design and construction etc.","content":"### sec.147 Application of laws relating to design and construction etc.\n\nLaws relating to the design and construction, and standard of construction or materials, of buildings and other structures apply to floating buildings and special buildings, so far as the laws may be sensibly applied, as if floating buildings or special buildings were constructed on land.\nIf the relevant joint committee established for the purposes of the standard sewerage by-laws or the standard water supply by-laws considers that a standard determined under the by-laws cannot sensibly be applied to a floating building, the committee may determine a different standard that is to apply having regard to the existing standard.\n(sec.147-ssec.1) Laws relating to the design and construction, and standard of construction or materials, of buildings and other structures apply to floating buildings and special buildings, so far as the laws may be sensibly applied, as if floating buildings or special buildings were constructed on land.\n(sec.147-ssec.2) If the relevant joint committee established for the purposes of the standard sewerage by-laws or the standard water supply by-laws considers that a standard determined under the by-laws cannot sensibly be applied to a floating building, the committee may determine a different standard that is to apply having regard to the existing standard.","sortOrder":177},{"sectionNumber":"sec.148","sectionType":"section","heading":"Statutory charges and valuation of land","content":"### sec.148 Statutory charges and valuation of land\n\nFor the purpose of—\nthe assessment of rates, land tax and other statutory charges payable in relation to land; and\ndetermining the value of land;\nany land within the site of a scheme that is or may be inundated by water or subject to tidal influence is to be taken to be land that is not, and never has been, inundated by water or subject to tidal influence.\nFor ‘value’ see the Land Valuation Act 2010 , chapter 2 and chapter 10 , part 3 .\ns 148 amd 2010 No. 39 s 325 sch 1 pt 2\n- (a) the assessment of rates, land tax and other statutory charges payable in relation to land; and\n- (b) determining the value of land;","sortOrder":178},{"sectionNumber":"sec.149","sectionType":"section","heading":"Modification of powers of authorities","content":"### sec.149 Modification of powers of authorities\n\nAn authority having jurisdiction over the banks and foreshores of tidal waters within the site of a scheme may not grant—\na lease in relation to a relevant area of the site; or\na licence to use and occupy a relevant area of the site; or\na permit to use and occupy a relevant area of the site.\nSubsection (1) has effect despite any other Act.\nIn subsection (1) —\nrelevant area of a site means any foreshore, tidal lands or tidal waters within the site.\n(sec.149-ssec.1) An authority having jurisdiction over the banks and foreshores of tidal waters within the site of a scheme may not grant— a lease in relation to a relevant area of the site; or a licence to use and occupy a relevant area of the site; or a permit to use and occupy a relevant area of the site.\n(sec.149-ssec.2) Subsection (1) has effect despite any other Act.\n(sec.149-ssec.3) In subsection (1) — relevant area of a site means any foreshore, tidal lands or tidal waters within the site.\n- (a) a lease in relation to a relevant area of the site; or\n- (b) a licence to use and occupy a relevant area of the site; or\n- (c) a permit to use and occupy a relevant area of the site.","sortOrder":179},{"sectionNumber":"pt.8","sectionType":"part","heading":"Thoroughfares, canals and facilities","content":"# Thoroughfares, canals and facilities","sortOrder":180},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Thoroughfares","content":"## Thoroughfares","sortOrder":181},{"sectionNumber":"sec.150","sectionType":"section","heading":"Construction of thoroughfares","content":"### sec.150 Construction of thoroughfares\n\nA community thoroughfare to be constructed on community property must be constructed—\nif the community property is created by the registration of a community plan—by the original applicant; or\nif the community property is created by the registration of a community plan of subdivision that subdivides a community development lot—by the proprietor of the community development lot.\nA precinct thoroughfare to be constructed on precinct property must be constructed by the proprietor of the lot the subdivision of which creates the precinct property.\nA community thoroughfare or precinct thoroughfare must be constructed—\nto a design and standard approved by the relevant local government at the time of construction; and\nin accordance with the requirements of the local government and to its satisfaction; and\nat the cost of—\nin a case to which subsection (1) (a) applies—the original applicant; or\nin any other case—the proprietor of the relevant subdivided lot.\ns 150 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.150-ssec.1) A community thoroughfare to be constructed on community property must be constructed— if the community property is created by the registration of a community plan—by the original applicant; or if the community property is created by the registration of a community plan of subdivision that subdivides a community development lot—by the proprietor of the community development lot.\n(sec.150-ssec.2) A precinct thoroughfare to be constructed on precinct property must be constructed by the proprietor of the lot the subdivision of which creates the precinct property.\n(sec.150-ssec.3) A community thoroughfare or precinct thoroughfare must be constructed— to a design and standard approved by the relevant local government at the time of construction; and in accordance with the requirements of the local government and to its satisfaction; and at the cost of— in a case to which subsection (1) (a) applies—the original applicant; or in any other case—the proprietor of the relevant subdivided lot.\n- (a) if the community property is created by the registration of a community plan—by the original applicant; or\n- (b) if the community property is created by the registration of a community plan of subdivision that subdivides a community development lot—by the proprietor of the community development lot.\n- (a) to a design and standard approved by the relevant local government at the time of construction; and\n- (b) in accordance with the requirements of the local government and to its satisfaction; and\n- (c) at the cost of— (i) in a case to which subsection (1) (a) applies—the original applicant; or (ii) in any other case—the proprietor of the relevant subdivided lot.\n- (i) in a case to which subsection (1) (a) applies—the original applicant; or\n- (ii) in any other case—the proprietor of the relevant subdivided lot.\n- (i) in a case to which subsection (1) (a) applies—the original applicant; or\n- (ii) in any other case—the proprietor of the relevant subdivided lot.","sortOrder":182},{"sectionNumber":"sec.151","sectionType":"section","heading":"Maintenance etc. of thoroughfares","content":"### sec.151 Maintenance etc. of thoroughfares\n\nThe community body corporate is responsible for the maintenance and reconstruction (including construction on relocation) of—\nthe community thoroughfare; and\nimprovements on the community thoroughfare.\nThe precinct body corporate is responsible for the maintenance and reconstruction (including construction on relocation) of—\nthe precinct thoroughfare; and\nimprovements on the precinct thoroughfare.\n(sec.151-ssec.1) The community body corporate is responsible for the maintenance and reconstruction (including construction on relocation) of— the community thoroughfare; and improvements on the community thoroughfare.\n(sec.151-ssec.2) The precinct body corporate is responsible for the maintenance and reconstruction (including construction on relocation) of— the precinct thoroughfare; and improvements on the precinct thoroughfare.\n- (a) the community thoroughfare; and\n- (b) improvements on the community thoroughfare.\n- (a) the precinct thoroughfare; and\n- (b) improvements on the precinct thoroughfare.","sortOrder":183},{"sectionNumber":"sec.152","sectionType":"section","heading":"Dedication of thoroughfare as road","content":"### sec.152 Dedication of thoroughfare as road\n\nIn this section—\nrequired approval means the prior approval of—\neach precinct body corporate (if any) determined by comprehensive resolution; and\n75% of members of the community body corporate who—\nare members because they are proprietors of land within the site that is not within the staged use precincts; and\nhave voting rights at meetings of the community body corporate that total not less than 75% of all of the voting rights of the members of the community body corporate mentioned in subparagraph (i) ; and\nthe relevant local government; and\nthe Governor in Council.\nThe community body corporate may—\nwith the required approval; and\nsubject to any reasonable conditions that the local government imposes;\ndedicate under the Land Act 1962 to public use as a road any part of the community thoroughfare that adjoins a dedicated road.\nThe conditions that may be imposed under subsection (2) include a condition that the community body corporate pay to the local government an amount fixed by the local government for the purpose of constructing or reconstructing the road.\nThe part of the community thoroughfare that is dedicated to public use as a road ceases to be a part of the community thoroughfare.\nA precinct body corporate may—\nby comprehensive resolution; and\nwith the prior approval of—\nthe relevant local government; and\nthe Governor in Council; and\nsubject to any reasonable conditions that the local government imposes;\ndedicate under the Land Act 1962 to public use as a road any part of the precinct thoroughfare that adjoins a dedicated road.\nThe conditions that may be imposed under subsection (5) include a condition that the precinct body corporate pay to the local government an amount fixed by the local government for the purpose of constructing or reconstructing the road.\nThe part of a precinct thoroughfare that is dedicated to public use as a road ceases to be part of the precinct thoroughfare.\ns 152 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.152-ssec.1) In this section— required approval means the prior approval of— each precinct body corporate (if any) determined by comprehensive resolution; and 75% of members of the community body corporate who— are members because they are proprietors of land within the site that is not within the staged use precincts; and have voting rights at meetings of the community body corporate that total not less than 75% of all of the voting rights of the members of the community body corporate mentioned in subparagraph (i) ; and the relevant local government; and the Governor in Council.\n(sec.152-ssec.2) The community body corporate may— with the required approval; and subject to any reasonable conditions that the local government imposes; dedicate under the Land Act 1962 to public use as a road any part of the community thoroughfare that adjoins a dedicated road.\n(sec.152-ssec.3) The conditions that may be imposed under subsection (2) include a condition that the community body corporate pay to the local government an amount fixed by the local government for the purpose of constructing or reconstructing the road.\n(sec.152-ssec.4) The part of the community thoroughfare that is dedicated to public use as a road ceases to be a part of the community thoroughfare.\n(sec.152-ssec.5) A precinct body corporate may— by comprehensive resolution; and with the prior approval of— the relevant local government; and the Governor in Council; and subject to any reasonable conditions that the local government imposes; dedicate under the Land Act 1962 to public use as a road any part of the precinct thoroughfare that adjoins a dedicated road.\n(sec.152-ssec.6) The conditions that may be imposed under subsection (5) include a condition that the precinct body corporate pay to the local government an amount fixed by the local government for the purpose of constructing or reconstructing the road.\n(sec.152-ssec.7) The part of a precinct thoroughfare that is dedicated to public use as a road ceases to be part of the precinct thoroughfare.\n- (a) each precinct body corporate (if any) determined by comprehensive resolution; and\n- (b) 75% of members of the community body corporate who— (i) are members because they are proprietors of land within the site that is not within the staged use precincts; and (ii) have voting rights at meetings of the community body corporate that total not less than 75% of all of the voting rights of the members of the community body corporate mentioned in subparagraph (i) ; and\n- (i) are members because they are proprietors of land within the site that is not within the staged use precincts; and\n- (ii) have voting rights at meetings of the community body corporate that total not less than 75% of all of the voting rights of the members of the community body corporate mentioned in subparagraph (i) ; and\n- (c) the relevant local government; and\n- (d) the Governor in Council.\n- (i) are members because they are proprietors of land within the site that is not within the staged use precincts; and\n- (ii) have voting rights at meetings of the community body corporate that total not less than 75% of all of the voting rights of the members of the community body corporate mentioned in subparagraph (i) ; and\n- (a) with the required approval; and\n- (b) subject to any reasonable conditions that the local government imposes;\n- (a) by comprehensive resolution; and\n- (b) with the prior approval of— (i) the relevant local government; and (ii) the Governor in Council; and\n- (i) the relevant local government; and\n- (ii) the Governor in Council; and\n- (c) subject to any reasonable conditions that the local government imposes;\n- (i) the relevant local government; and\n- (ii) the Governor in Council; and","sortOrder":184},{"sectionNumber":"sec.153","sectionType":"section","heading":"Thoroughfares are roads under certain Acts","content":"### sec.153 Thoroughfares are roads under certain Acts\n\nFor the purposes of the Motor Accident Insurance Act 1994 , the community thoroughfare and precinct thoroughfare are roads.\nFor the purposes of the Transport Operations (Road Use Management) Act 1995 (other than part 6 ), the community thoroughfare and precinct thoroughfare are roads within the meaning of the Act .\ns 153 amd 1999 No. 30 s 98 sch 3 pt 1 ; 1999 No. 42 s 54 (3) sch pt 3\n(sec.153-ssec.1) For the purposes of the Motor Accident Insurance Act 1994 , the community thoroughfare and precinct thoroughfare are roads.\n(sec.153-ssec.2) For the purposes of the Transport Operations (Road Use Management) Act 1995 (other than part 6 ), the community thoroughfare and precinct thoroughfare are roads within the meaning of the Act .","sortOrder":185},{"sectionNumber":"sec.154","sectionType":"section","heading":"Temporary closure of thoroughfares","content":"### sec.154 Temporary closure of thoroughfares\n\nIf—\nthe community body corporate or precinct body corporate determines that any work is to be carried out on—\nthe community thoroughfare; or\na precinct thoroughfare; and\nthe work will require the temporary closure to some or all traffic on either thoroughfare;\nthe community body corporate or precinct body corporate must give notice of the intended temporary closure of the road.\nThe notice must—\nbe in writing; and\nbe given not less than 7 days before the intended closure to each proprietor of a lot to which access is likely to be affected by the closure.\nThe notice must—\nidentify the lots within the site to which access is likely to be affected by the closure; and\nspecify the classes of traffic to be excluded; and\nidentify the location of the part of the thoroughfare to be closed; and\nspecify the closure periods; and\nspecify the nature of the work to be carried out.\nSubsection (1) does not apply if the work to be carried out is urgent.\n(sec.154-ssec.1) If— the community body corporate or precinct body corporate determines that any work is to be carried out on— the community thoroughfare; or a precinct thoroughfare; and the work will require the temporary closure to some or all traffic on either thoroughfare; the community body corporate or precinct body corporate must give notice of the intended temporary closure of the road.\n(sec.154-ssec.2) The notice must— be in writing; and be given not less than 7 days before the intended closure to each proprietor of a lot to which access is likely to be affected by the closure.\n(sec.154-ssec.3) The notice must— identify the lots within the site to which access is likely to be affected by the closure; and specify the classes of traffic to be excluded; and identify the location of the part of the thoroughfare to be closed; and specify the closure periods; and specify the nature of the work to be carried out.\n(sec.154-ssec.4) Subsection (1) does not apply if the work to be carried out is urgent.\n- (a) the community body corporate or precinct body corporate determines that any work is to be carried out on— (i) the community thoroughfare; or (ii) a precinct thoroughfare; and\n- (i) the community thoroughfare; or\n- (ii) a precinct thoroughfare; and\n- (b) the work will require the temporary closure to some or all traffic on either thoroughfare;\n- (i) the community thoroughfare; or\n- (ii) a precinct thoroughfare; and\n- (a) be in writing; and\n- (b) be given not less than 7 days before the intended closure to each proprietor of a lot to which access is likely to be affected by the closure.\n- (a) identify the lots within the site to which access is likely to be affected by the closure; and\n- (b) specify the classes of traffic to be excluded; and\n- (c) identify the location of the part of the thoroughfare to be closed; and\n- (d) specify the closure periods; and\n- (e) specify the nature of the work to be carried out.","sortOrder":186},{"sectionNumber":"sec.155","sectionType":"section","heading":"Occupier’s right to use thoroughfares","content":"### sec.155 Occupier’s right to use thoroughfares\n\nSubject to any by-law made by the community body corporate or a precinct body corporate, a person who lawfully occupies land within the site of a scheme has a right of way over the community thoroughfare and precinct thoroughfare to the extent necessary to allow the occupier access to the occupier’s land.\nA by-law that, apart from this subsection, would have the effect of unreasonably restricting access to or from land within the site does not apply in relation to the land unless the proprietor and occupier of land consent in writing to the restriction.\n(sec.155-ssec.1) Subject to any by-law made by the community body corporate or a precinct body corporate, a person who lawfully occupies land within the site of a scheme has a right of way over the community thoroughfare and precinct thoroughfare to the extent necessary to allow the occupier access to the occupier’s land.\n(sec.155-ssec.2) A by-law that, apart from this subsection, would have the effect of unreasonably restricting access to or from land within the site does not apply in relation to the land unless the proprietor and occupier of land consent in writing to the restriction.","sortOrder":187},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Canals","content":"## Canals","sortOrder":188},{"sectionNumber":"sec.156","sectionType":"section","heading":"Construction of canals","content":"### sec.156 Construction of canals\n\nA canal may be constructed within the site of a scheme by the applicant at the applicant’s expense.\nA canal may be constructed only on—\ncommunity property or precinct property; or\npart of the site that will become community property or precinct property.\nThe Canals Act 1958 (other than the provisions of the Act prescribed by regulation for the purposes of this section) applies to the construction, operation and maintenance of a canal within the site.\nThe registrar of titles may register instruments of title dealing with land in any plan of subdivision to which section 9 of the Canals Act 1958 applies even though a transfer surrendering to the State all land defined in the plan as the land on which the canal is to be constructed has not been registered in the land registry.\n(sec.156-ssec.1) A canal may be constructed within the site of a scheme by the applicant at the applicant’s expense.\n(sec.156-ssec.2) A canal may be constructed only on— community property or precinct property; or part of the site that will become community property or precinct property.\n(sec.156-ssec.3) The Canals Act 1958 (other than the provisions of the Act prescribed by regulation for the purposes of this section) applies to the construction, operation and maintenance of a canal within the site.\n(sec.156-ssec.4) The registrar of titles may register instruments of title dealing with land in any plan of subdivision to which section 9 of the Canals Act 1958 applies even though a transfer surrendering to the State all land defined in the plan as the land on which the canal is to be constructed has not been registered in the land registry.\n- (a) community property or precinct property; or\n- (b) part of the site that will become community property or precinct property.","sortOrder":189},{"sectionNumber":"sec.157","sectionType":"section","heading":"Maintenance of canals","content":"### sec.157 Maintenance of canals\n\nThe community body corporate is responsible for—\nthe dredging and other maintenance of canals on the community property; and\nthe maintenance of improvements relating to the canals on the community property.\nThe precinct body corporate is responsible for—\nthe dredging and other maintenance of canals on the precinct property; and\nthe maintenance of improvements relating to the canals on the precinct property.\n(sec.157-ssec.1) The community body corporate is responsible for— the dredging and other maintenance of canals on the community property; and the maintenance of improvements relating to the canals on the community property.\n(sec.157-ssec.2) The precinct body corporate is responsible for— the dredging and other maintenance of canals on the precinct property; and the maintenance of improvements relating to the canals on the precinct property.\n- (a) the dredging and other maintenance of canals on the community property; and\n- (b) the maintenance of improvements relating to the canals on the community property.\n- (a) the dredging and other maintenance of canals on the precinct property; and\n- (b) the maintenance of improvements relating to the canals on the precinct property.","sortOrder":190},{"sectionNumber":"sec.158","sectionType":"section","heading":"Surrender of canal to State","content":"### sec.158 Surrender of canal to State\n\nIn this section—\nrequired approval means the prior approval of—\neach precinct body corporate (if any) determined by comprehensive resolution; and\n75% of members of the community body corporate who—\nare members because they are proprietors of land within the site that is not within any staged use precincts; and\nhave voting rights at meetings of the community body corporate that total not less than 75% of all of the voting rights of the members of the community body corporate mentioned in subparagraph (i) ; and\nthe relevant local government; and\nthe Governor in Council.\nThe community body corporate may—\nwith the required approval; and\nsubject to any reasonable conditions that the local government imposes;\nsign a transfer surrendering to the State community property on which a canal is constructed.\nThe conditions that may be imposed under subsection (2) include a condition that the community body corporate pay to the local government an amount fixed by the local government for the maintenance of the canal.\nThe part of the community property that is surrendered to the State ceases to be a part of the community property.\nA precinct body corporate may—\nby comprehensive resolution; and\nwith the prior approval of—\nthe relevant local government; and\nthe Governor in Council; and\nsubject to any reasonable conditions that the local government imposes;\nsign a transfer surrendering to the State precinct property on which a canal is constructed.\nThe conditions that may be imposed under subsection (5) include a condition that the precinct body corporate pay to the local government an amount fixed by the local government for the maintenance of the canal.\nThe part of the precinct property that is surrendered to the State ceases to be part of the precinct property.\nIf community property or precinct property on which a canal is constructed is surrendered, the provisions of the Canals Act 1958 prescribed for the purposes of section 156 again apply.\ns 158 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.158-ssec.1) In this section— required approval means the prior approval of— each precinct body corporate (if any) determined by comprehensive resolution; and 75% of members of the community body corporate who— are members because they are proprietors of land within the site that is not within any staged use precincts; and have voting rights at meetings of the community body corporate that total not less than 75% of all of the voting rights of the members of the community body corporate mentioned in subparagraph (i) ; and the relevant local government; and the Governor in Council.\n(sec.158-ssec.2) The community body corporate may— with the required approval; and subject to any reasonable conditions that the local government imposes; sign a transfer surrendering to the State community property on which a canal is constructed.\n(sec.158-ssec.3) The conditions that may be imposed under subsection (2) include a condition that the community body corporate pay to the local government an amount fixed by the local government for the maintenance of the canal.\n(sec.158-ssec.4) The part of the community property that is surrendered to the State ceases to be a part of the community property.\n(sec.158-ssec.5) A precinct body corporate may— by comprehensive resolution; and with the prior approval of— the relevant local government; and the Governor in Council; and subject to any reasonable conditions that the local government imposes; sign a transfer surrendering to the State precinct property on which a canal is constructed.\n(sec.158-ssec.6) The conditions that may be imposed under subsection (5) include a condition that the precinct body corporate pay to the local government an amount fixed by the local government for the maintenance of the canal.\n(sec.158-ssec.7) The part of the precinct property that is surrendered to the State ceases to be part of the precinct property.\n(sec.158-ssec.8) If community property or precinct property on which a canal is constructed is surrendered, the provisions of the Canals Act 1958 prescribed for the purposes of section 156 again apply.\n- (a) each precinct body corporate (if any) determined by comprehensive resolution; and\n- (b) 75% of members of the community body corporate who— (i) are members because they are proprietors of land within the site that is not within any staged use precincts; and (ii) have voting rights at meetings of the community body corporate that total not less than 75% of all of the voting rights of the members of the community body corporate mentioned in subparagraph (i) ; and\n- (i) are members because they are proprietors of land within the site that is not within any staged use precincts; and\n- (ii) have voting rights at meetings of the community body corporate that total not less than 75% of all of the voting rights of the members of the community body corporate mentioned in subparagraph (i) ; and\n- (c) the relevant local government; and\n- (d) the Governor in Council.\n- (i) are members because they are proprietors of land within the site that is not within any staged use precincts; and\n- (ii) have voting rights at meetings of the community body corporate that total not less than 75% of all of the voting rights of the members of the community body corporate mentioned in subparagraph (i) ; and\n- (a) with the required approval; and\n- (b) subject to any reasonable conditions that the local government imposes;\n- (a) by comprehensive resolution; and\n- (b) with the prior approval of— (i) the relevant local government; and (ii) the Governor in Council; and\n- (i) the relevant local government; and\n- (ii) the Governor in Council; and\n- (c) subject to any reasonable conditions that the local government imposes;\n- (i) the relevant local government; and\n- (ii) the Governor in Council; and","sortOrder":191},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"Community and precinct facilities","content":"## Community and precinct facilities","sortOrder":192},{"sectionNumber":"sec.159","sectionType":"section","heading":"Construction of community facilities","content":"### sec.159 Construction of community facilities\n\nThe community body corporate may develop or construct facilities, for the use of persons who lawfully occupy land within the site, on—\nthe community property; or\nland leased by the community body corporate under section 164 .\nThe development or construction must not start until authorised by the community body corporate by a comprehensive resolution.\nThe community body corporate must maintain the community facilities.\n(sec.159-ssec.1) The community body corporate may develop or construct facilities, for the use of persons who lawfully occupy land within the site, on— the community property; or land leased by the community body corporate under section 164 .\n(sec.159-ssec.2) The development or construction must not start until authorised by the community body corporate by a comprehensive resolution.\n(sec.159-ssec.3) The community body corporate must maintain the community facilities.\n- (a) the community property; or\n- (b) land leased by the community body corporate under section 164 .","sortOrder":193},{"sectionNumber":"sec.160","sectionType":"section","heading":"Construction of precinct facilities","content":"### sec.160 Construction of precinct facilities\n\nA precinct body corporate may develop or construct facilities, for the use of persons who lawfully occupy land within a staged use precinct, on—\nthe precinct property; or\nland leased by the precinct body corporate under section 164 .\nThe development or construction must not start until authorised by the precinct body corporate by a comprehensive resolution.\nThe precinct body corporate must maintain the precinct facilities.\n(sec.160-ssec.1) A precinct body corporate may develop or construct facilities, for the use of persons who lawfully occupy land within a staged use precinct, on— the precinct property; or land leased by the precinct body corporate under section 164 .\n(sec.160-ssec.2) The development or construction must not start until authorised by the precinct body corporate by a comprehensive resolution.\n(sec.160-ssec.3) The precinct body corporate must maintain the precinct facilities.\n- (a) the precinct property; or\n- (b) land leased by the precinct body corporate under section 164 .","sortOrder":194},{"sectionNumber":"pt.8-div.4","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":195},{"sectionNumber":"sec.161","sectionType":"section","heading":"Additional works on community property","content":"### sec.161 Additional works on community property\n\nAt the request of a member of the community body corporate, the community body corporate may undertake works on any part of the community property to enhance the amenity of land or the profitability of any business undertaking within the site.\nWorks that restrict vehicular access to part of the site may be undertaken only if each occupier of the land comprising the part consents in writing to the restriction.\nIf the works affect a road constructed on the community thoroughfare, the works may be undertaken only if—\nthe relevant local government approves the works; and\nall conditions of the local government’s approval (including conditions about standards of construction) are complied with.\nIf the works affect a canal, the works may only be undertaken if the Governor in Council approves the works.\nThe community body corporate must recover all the costs of undertaking the works (including the costs incurred in obtaining the approval of the local government, the Governor in Council and any other approvals required by law) from the members of the community body corporate who requested the works.\nIf 2 or more members of the community body corporate are liable to pay the costs of undertaking the works, each member must pay the amount determined under subsection (7) .\nEach member must pay an amount that bears to the total costs incurred the same proportion that the member’s voting entitlements (attributable to the land the amenity of which is sought to be enhanced or on which the business undertaking the profitability of which is sought to be enhanced is carried on) bears to the total of the voting entitlements of all members liable to contribute towards the costs.\nThe community body corporate must levy contributions to give effect to subsections (5) , (6) and (7) .\nSection 174 applies, with any necessary modifications, to contributions levied under this section.\nNothing in this section prevents the community body corporate from requiring the members concerned to pay the whole or part of the expected costs of the finished works before the works are started or finished.\ns 161 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.161-ssec.1) At the request of a member of the community body corporate, the community body corporate may undertake works on any part of the community property to enhance the amenity of land or the profitability of any business undertaking within the site.\n(sec.161-ssec.2) Works that restrict vehicular access to part of the site may be undertaken only if each occupier of the land comprising the part consents in writing to the restriction.\n(sec.161-ssec.3) If the works affect a road constructed on the community thoroughfare, the works may be undertaken only if— the relevant local government approves the works; and all conditions of the local government’s approval (including conditions about standards of construction) are complied with.\n(sec.161-ssec.4) If the works affect a canal, the works may only be undertaken if the Governor in Council approves the works.\n(sec.161-ssec.5) The community body corporate must recover all the costs of undertaking the works (including the costs incurred in obtaining the approval of the local government, the Governor in Council and any other approvals required by law) from the members of the community body corporate who requested the works.\n(sec.161-ssec.6) If 2 or more members of the community body corporate are liable to pay the costs of undertaking the works, each member must pay the amount determined under subsection (7) .\n(sec.161-ssec.7) Each member must pay an amount that bears to the total costs incurred the same proportion that the member’s voting entitlements (attributable to the land the amenity of which is sought to be enhanced or on which the business undertaking the profitability of which is sought to be enhanced is carried on) bears to the total of the voting entitlements of all members liable to contribute towards the costs.\n(sec.161-ssec.8) The community body corporate must levy contributions to give effect to subsections (5) , (6) and (7) .\n(sec.161-ssec.9) Section 174 applies, with any necessary modifications, to contributions levied under this section.\n(sec.161-ssec.10) Nothing in this section prevents the community body corporate from requiring the members concerned to pay the whole or part of the expected costs of the finished works before the works are started or finished.\n- (a) the relevant local government approves the works; and\n- (b) all conditions of the local government’s approval (including conditions about standards of construction) are complied with.","sortOrder":196},{"sectionNumber":"sec.162","sectionType":"section","heading":"Additional works on precinct property","content":"### sec.162 Additional works on precinct property\n\nAdditional works may be undertaken on precinct property.\nSection 161 applies to additional works undertaken on precinct property as if—\na reference to the community body corporate were a reference to the precinct body corporate; and\na reference to the community property were a reference to precinct property.\n(sec.162-ssec.1) Additional works may be undertaken on precinct property.\n(sec.162-ssec.2) Section 161 applies to additional works undertaken on precinct property as if— a reference to the community body corporate were a reference to the precinct body corporate; and a reference to the community property were a reference to precinct property.\n- (a) a reference to the community body corporate were a reference to the precinct body corporate; and\n- (b) a reference to the community property were a reference to precinct property.","sortOrder":197},{"sectionNumber":"sec.163","sectionType":"section","heading":"Leasing of community and precinct property","content":"### sec.163 Leasing of community and precinct property\n\nCommunity property may be leased with the prior approval of the community body corporate by comprehensive resolution.\nPrecinct property may be leased with the prior approval of the precinct body corporate by comprehensive resolution.\n(sec.163-ssec.1) Community property may be leased with the prior approval of the community body corporate by comprehensive resolution.\n(sec.163-ssec.2) Precinct property may be leased with the prior approval of the precinct body corporate by comprehensive resolution.","sortOrder":198},{"sectionNumber":"sec.164","sectionType":"section","heading":"Leases to community and precinct bodies corporate","content":"### sec.164 Leases to community and precinct bodies corporate\n\nFor the purposes of providing access to the community thoroughfare or precinct thoroughfare, the community body corporate or precinct body corporate may take a lease of—\na road closed in strata that joins, or is to join, the community thoroughfare or precinct thoroughfare; or\na wharf that joins, or is to join, the community property or precinct property.\nThe community body corporate or precinct body corporate may take a lease of land for any other purpose prescribed by regulation.\ns 164 amd 1994 No. 49 s 6 sch 2\n(sec.164-ssec.1) For the purposes of providing access to the community thoroughfare or precinct thoroughfare, the community body corporate or precinct body corporate may take a lease of— a road closed in strata that joins, or is to join, the community thoroughfare or precinct thoroughfare; or a wharf that joins, or is to join, the community property or precinct property.\n(sec.164-ssec.2) The community body corporate or precinct body corporate may take a lease of land for any other purpose prescribed by regulation.\n- (a) a road closed in strata that joins, or is to join, the community thoroughfare or precinct thoroughfare; or\n- (b) a wharf that joins, or is to join, the community property or precinct property.","sortOrder":199},{"sectionNumber":"sec.165","sectionType":"section","heading":"Powers of officials on community or precinct property","content":"### sec.165 Powers of officials on community or precinct property\n\nAn authorised person may enter and remain on any part of the community property or the precinct property for the purpose of exercising the person’s powers as an authorised person.\nSubsection (1) has effect despite any by-law or decision made by the community body corporate or precinct body corporate.\nIn addition to any powers conferred on an authorised person under any Act or law, the person has, in relation to the community property and precinct property, the powers that the person would have under the Act or law if the community property and precinct property were a public place.\nIn this section—\nauthorised person means—\nan officer of the public service; or\na person employed or authorised by the State, a State authority or a local government; or\nan ambulance officer within the meaning of the Ambulance Service Act 1991 ; or\na fire officer under the Fire Services Act 1990 .\ns 165 amd 1999 No. 30 s 98 sch 3 pt 1 ; 2000 No. 5 s 373 sch 2 ; 2024 No. 22 s 92 sch 1\n(sec.165-ssec.1) An authorised person may enter and remain on any part of the community property or the precinct property for the purpose of exercising the person’s powers as an authorised person.\n(sec.165-ssec.2) Subsection (1) has effect despite any by-law or decision made by the community body corporate or precinct body corporate.\n(sec.165-ssec.3) In addition to any powers conferred on an authorised person under any Act or law, the person has, in relation to the community property and precinct property, the powers that the person would have under the Act or law if the community property and precinct property were a public place.\n(sec.165-ssec.4) In this section— authorised person means— an officer of the public service; or a person employed or authorised by the State, a State authority or a local government; or an ambulance officer within the meaning of the Ambulance Service Act 1991 ; or a fire officer under the Fire Services Act 1990 .\n- (a) an officer of the public service; or\n- (b) a person employed or authorised by the State, a State authority or a local government; or\n- (c) an ambulance officer within the meaning of the Ambulance Service Act 1991 ; or\n- (d) a fire officer under the Fire Services Act 1990 .","sortOrder":200},{"sectionNumber":"sec.165A","sectionType":"section","heading":"Community property and precinct property is public place for certain purposes","content":"### sec.165A Community property and precinct property is public place for certain purposes\n\nCommunity property and precinct property is a public place for the purposes of any law conferring powers or imposing functions on a police officer.\ns 165A ins 2000 No. 5 s 373 sch 2","sortOrder":201},{"sectionNumber":"pt.9","sectionType":"part","heading":"Bodies corporate","content":"# Bodies corporate","sortOrder":202},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":203},{"sectionNumber":"sec.166","sectionType":"section","heading":"Definitions","content":"### sec.166 Definitions\n\nIn this part—\nbody corporate means—\ncommunity body corporate; or\na precinct body corporate.\ncorporation means—\na community body corporate; or\na precinct body corporate; or\na body corporate created by the registration of a building units or group titles plan.\nelectable person see section 166C .\ns 166 def electable person ins 2022 No. 28 s 30\noriginal owner , of a precinct development lot that has been subdivided by a building unit or group titles plan, means the person who was the proprietor of the lot immediately before it was subdivided by the plan.\ns 166 def original owner ins 2011 No. 27 s 294\n- (a) community body corporate; or\n- (b) a precinct body corporate.\n- (a) a community body corporate; or\n- (b) a precinct body corporate; or\n- (c) a body corporate created by the registration of a building units or group titles plan.","sortOrder":204},{"sectionNumber":"sec.166A","sectionType":"section","heading":"References to bodies corporate created by the registration of a building units or group titles plan","content":"### sec.166A References to bodies corporate created by the registration of a building units or group titles plan\n\nIn this part, a reference to the following terms in relation to a body corporate created by the registration of a building units or group titles plan, has the meaning the term has under the Building Units and Group Titles Act 1980 —\nbody corporate manager of the body corporate;\ncommittee of the body corporate;\nvoting member of a committee of the body corporate.\ns 166A ins 2022 No. 28 s 31\n- (a) body corporate manager of the body corporate;\n- (b) committee of the body corporate;\n- (c) voting member of a committee of the body corporate.","sortOrder":205},{"sectionNumber":"sec.166B","sectionType":"section","heading":"Definitions for subdivision","content":"### sec.166B Definitions for subdivision\n\nIn this subdivision—\nassociated body corporate , for a body corporate, means another body corporate incorporated or created for the mixed use scheme for which the body corporate was incorporated.\nletting agent means—\nfor a body corporate under this Act—a letting agent for the site or precinct of the body corporate; or\nfor a body corporate created by the registration of a building units or group titles plan—a party to an arrangement with the body corporate of a type mentioned in the Building Units and Group Titles Act 1980 , section 7 (1) , definition prescribed arrangement , paragraph (g) .\nservice provider means—\nfor a body corporate under this Act—a service contractor for the site or precinct of the body corporate; or\nfor a body corporate created by the registration of a building units or group titles plan—a party to an arrangement with the body corporate of a type mentioned in the Building Units and Group Titles Act 1980 , section 7 (1) , definition prescribed arrangement , paragraph (d) .\ns 166B ins 2022 No. 28 s 31\n- (a) for a body corporate under this Act—a letting agent for the site or precinct of the body corporate; or\n- (b) for a body corporate created by the registration of a building units or group titles plan—a party to an arrangement with the body corporate of a type mentioned in the Building Units and Group Titles Act 1980 , section 7 (1) , definition prescribed arrangement , paragraph (g) .\n- (a) for a body corporate under this Act—a service contractor for the site or precinct of the body corporate; or\n- (b) for a body corporate created by the registration of a building units or group titles plan—a party to an arrangement with the body corporate of a type mentioned in the Building Units and Group Titles Act 1980 , section 7 (1) , definition prescribed arrangement , paragraph (d) .","sortOrder":206},{"sectionNumber":"sec.166C","sectionType":"section","heading":"Meaning of electable person","content":"### sec.166C Meaning of electable person\n\nA person is an electable person for a body corporate if—\nthe person is an individual who is—\na member of the body corporate; or\na nominee of a corporation that is a member of the body corporate; and\nneither the person, the corporation mentioned in paragraph (a) (ii) nor an associate of the person, other than an associate mentioned in section 214E (2) (a) or (b) , owes a relevant body corporate debt to the body corporate or an associated body corporate; and\nneither the person, the corporation mentioned in paragraph (a) (ii) nor an associate of the person—\nis a body corporate manager for the body corporate or an associated body corporate; or\nis a service provider or letting agent for the body corporate or an associated body corporate.\ns 166C ins 2022 No. 28 s 31\n- (a) the person is an individual who is— (i) a member of the body corporate; or (ii) a nominee of a corporation that is a member of the body corporate; and\n- (i) a member of the body corporate; or\n- (ii) a nominee of a corporation that is a member of the body corporate; and\n- (b) neither the person, the corporation mentioned in paragraph (a) (ii) nor an associate of the person, other than an associate mentioned in section 214E (2) (a) or (b) , owes a relevant body corporate debt to the body corporate or an associated body corporate; and\n- (c) neither the person, the corporation mentioned in paragraph (a) (ii) nor an associate of the person— (i) is a body corporate manager for the body corporate or an associated body corporate; or (ii) is a service provider or letting agent for the body corporate or an associated body corporate.\n- (i) is a body corporate manager for the body corporate or an associated body corporate; or\n- (ii) is a service provider or letting agent for the body corporate or an associated body corporate.\n- (i) a member of the body corporate; or\n- (ii) a nominee of a corporation that is a member of the body corporate; and\n- (i) is a body corporate manager for the body corporate or an associated body corporate; or\n- (ii) is a service provider or letting agent for the body corporate or an associated body corporate.","sortOrder":207},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Incorporation of community body corporate","content":"## Incorporation of community body corporate","sortOrder":208},{"sectionNumber":"sec.167","sectionType":"section","heading":"Community body corporate","content":"### sec.167 Community body corporate\n\nOn registration of the community plan, the proprietors of the community development lots are, because of this Act, a body corporate under the name ‘( insert name of development specified in the approved scheme ) Community Body Corporate’.\nIf a community development lot is subdivided by a community plan of subdivision, the proprietors of the community development lots created become members of the community body corporate in place of the proprietor of the subdivided community development lot.\nIf community development lots are amalgamated by a community plan of amalgamation, the proprietor of the community development lot created becomes a member of the community body corporate in place of the proprietors of the amalgamated community development lots.\nIf a community development lot is subdivided by a precinct plan, the precinct body corporate created becomes a member of the community body corporate in place of the proprietor of the subdivided community development lot.\nIf a community development lot is subdivided under part 6 by a stratum plan, the proprietors of the community stratum lots created become members of the community body corporate in place of the proprietor of the subdivided community development lot.\nIf a community development lot is subdivided by a group titles or building units plan, or a community stratum lot is subdivided by a building units plan—\nthe proprietor of the lot—\nmust give written notice to the community body corporate of the name and address for service of the body corporate created by the registration of the plan; and\nceases to be a member of the community body corporate so far as the proprietor was a member because of being the proprietor of the lot; and\nthe body corporate created by the registration of the plan becomes a member of the community body corporate.\nThe subdivision or resubdivision of a lot, or of a lot and common property, on a group titles plan by a building units or group titles plan does not affect the membership of the community body corporate.\nThe Corporations Act does not apply to the community body corporate.\nThe community body corporate—\nhas the powers and functions conferred on it under this Act or its by-laws; and\nmust do all things that are necessary and reasonable for—\nthe enforcement of its by-laws; and\nthe control, management and administration of the community property.\nThe body corporate must act reasonably in anything it does under subsection (9) , including making, or not making, a decision under the subsection.\nThe community body corporate—\nhas perpetual succession; and\nhas a common seal; and\nis capable of suing and being sued in its corporate name.\nWithout limiting subsection (11) , the community body corporate may—\nsue and be sued on any contract made by it; or\nsue for any damage or injury to the community property; or\nbe sued for any matter connected with the community property; or\ntake the legal action necessary to enforce its by-laws.\nIf work is carried out on land that becomes community property, then, on registration of the community plan, the community body corporate—\nis taken to have been a party to an enforceable contract for the carrying out of the work; and\nmay sue or be sued in relation to the contract.\ns 167 amd 2001 No. 45 s 29 sch 3 ; 2022 No. 28 s 32\n(sec.167-ssec.1) On registration of the community plan, the proprietors of the community development lots are, because of this Act, a body corporate under the name ‘( insert name of development specified in the approved scheme ) Community Body Corporate’.\n(sec.167-ssec.2) If a community development lot is subdivided by a community plan of subdivision, the proprietors of the community development lots created become members of the community body corporate in place of the proprietor of the subdivided community development lot.\n(sec.167-ssec.3) If community development lots are amalgamated by a community plan of amalgamation, the proprietor of the community development lot created becomes a member of the community body corporate in place of the proprietors of the amalgamated community development lots.\n(sec.167-ssec.4) If a community development lot is subdivided by a precinct plan, the precinct body corporate created becomes a member of the community body corporate in place of the proprietor of the subdivided community development lot.\n(sec.167-ssec.5) If a community development lot is subdivided under part 6 by a stratum plan, the proprietors of the community stratum lots created become members of the community body corporate in place of the proprietor of the subdivided community development lot.\n(sec.167-ssec.6) If a community development lot is subdivided by a group titles or building units plan, or a community stratum lot is subdivided by a building units plan— the proprietor of the lot— must give written notice to the community body corporate of the name and address for service of the body corporate created by the registration of the plan; and ceases to be a member of the community body corporate so far as the proprietor was a member because of being the proprietor of the lot; and the body corporate created by the registration of the plan becomes a member of the community body corporate.\n(sec.167-ssec.7) The subdivision or resubdivision of a lot, or of a lot and common property, on a group titles plan by a building units or group titles plan does not affect the membership of the community body corporate.\n(sec.167-ssec.8) The Corporations Act does not apply to the community body corporate.\n(sec.167-ssec.9) The community body corporate— has the powers and functions conferred on it under this Act or its by-laws; and must do all things that are necessary and reasonable for— the enforcement of its by-laws; and the control, management and administration of the community property.\n(sec.167-ssec.10) The body corporate must act reasonably in anything it does under subsection (9) , including making, or not making, a decision under the subsection.\n(sec.167-ssec.11) The community body corporate— has perpetual succession; and has a common seal; and is capable of suing and being sued in its corporate name.\n(sec.167-ssec.12) Without limiting subsection (11) , the community body corporate may— sue and be sued on any contract made by it; or sue for any damage or injury to the community property; or be sued for any matter connected with the community property; or take the legal action necessary to enforce its by-laws.\n(sec.167-ssec.13) If work is carried out on land that becomes community property, then, on registration of the community plan, the community body corporate— is taken to have been a party to an enforceable contract for the carrying out of the work; and may sue or be sued in relation to the contract.\n- (a) the proprietor of the lot— (i) must give written notice to the community body corporate of the name and address for service of the body corporate created by the registration of the plan; and (ii) ceases to be a member of the community body corporate so far as the proprietor was a member because of being the proprietor of the lot; and\n- (i) must give written notice to the community body corporate of the name and address for service of the body corporate created by the registration of the plan; and\n- (ii) ceases to be a member of the community body corporate so far as the proprietor was a member because of being the proprietor of the lot; and\n- (b) the body corporate created by the registration of the plan becomes a member of the community body corporate.\n- (i) must give written notice to the community body corporate of the name and address for service of the body corporate created by the registration of the plan; and\n- (ii) ceases to be a member of the community body corporate so far as the proprietor was a member because of being the proprietor of the lot; and\n- (a) has the powers and functions conferred on it under this Act or its by-laws; and\n- (b) must do all things that are necessary and reasonable for— (i) the enforcement of its by-laws; and (ii) the control, management and administration of the community property.\n- (i) the enforcement of its by-laws; and\n- (ii) the control, management and administration of the community property.\n- (i) the enforcement of its by-laws; and\n- (ii) the control, management and administration of the community property.\n- (a) has perpetual succession; and\n- (b) has a common seal; and\n- (c) is capable of suing and being sued in its corporate name.\n- (a) sue and be sued on any contract made by it; or\n- (b) sue for any damage or injury to the community property; or\n- (c) be sued for any matter connected with the community property; or\n- (d) take the legal action necessary to enforce its by-laws.\n- (a) is taken to have been a party to an enforceable contract for the carrying out of the work; and\n- (b) may sue or be sued in relation to the contract.","sortOrder":209},{"sectionNumber":"pt.9-div.3","sectionType":"division","heading":"Incorporation of precinct body corporate","content":"## Incorporation of precinct body corporate","sortOrder":210},{"sectionNumber":"sec.168","sectionType":"section","heading":"Precinct body corporate","content":"### sec.168 Precinct body corporate\n\nOn registration of the first precinct plan subdividing a community development lot, the proprietors of the precinct development lots and balance precinct development lots created are, because of this Act, a body corporate under the name ‘( insert name of development specified in the approved scheme ) Precinct Body Corporate ( insert (if necessary) unique identifying number )’.\nIf a precinct development lot is subdivided by a precinct plan of subdivision, the proprietors of the precinct development lots created become members of the precinct body corporate in place of the proprietor of the subdivided precinct development lot.\nIf precinct development lots are amalgamated by a precinct plan of amalgamation, the proprietor of the precinct development lot created becomes a member of the precinct body corporate in place of the proprietors of the amalgamated precinct development lots.\nIf a balance precinct development lot is subdivided by a precinct plan, the proprietors of precinct development lots and any balance precinct development lots created become members of the precinct body corporate.\nIf a precinct development lot or balance precinct development lot is subdivided under part 6 by a stratum plan, the proprietors of the precinct stratum lots created become members of the precinct body corporate in place of the proprietor of the subdivided precinct development lot or balance precinct development lot.\nIf a precinct development lot or balance precinct development lot is subdivided by a group titles or building units plan, or a precinct stratum lot is subdivided by a building units plan—\nthe proprietor of the lot—\nmust give written notice to the precinct body corporate of the name and address for service of the body corporate created by the registration of the plan; and\nceases to be a member of the precinct body corporate so far as the proprietor was a member because of being the proprietor of the lot; and\nthe body corporate created by the registration of the plan becomes a member of the precinct body corporate.\nThe subdivision or resubdivision of a lot, or of a lot and common property, on a group titles plan by a building units or group titles plan does not affect the membership of the precinct body corporate.\nThe Corporations Act does not apply to the precinct body corporate.\nThe precinct body corporate—\nhas the powers and functions conferred on it under this Act or its by-laws; and\nmust do all things that are necessary and reasonable for—\nthe enforcement of its by-laws; and\nthe control, management and administration of the precinct property.\nThe precinct body corporate must act reasonably in anything it does under subsection (9) , including making, or not making, a decision under the subsection.\nThe precinct body corporate—\nhas perpetual succession; and\nhas a common seal; and\nis capable of suing and being sued in its corporate name.\nWithout limiting subsection (11) , the precinct body corporate may—\nsue and be sued on any contract made by it; or\nsue for any damage or injury to the precinct property; or\nbe sued for any matter connected with the precinct property; or\ntake the legal action necessary to enforce its by-laws.\nIf work is carried out on land that becomes precinct property, then, on registration of the precinct plan, the precinct body corporate—\nis taken to have been a party to an enforceable contract for the carrying out of the work; and\nmay sue or be sued in relation to the contract.\ns 168 amd 2001 No. 45 s 29 sch 3 ; 2022 No. 28 s 33\n(sec.168-ssec.1) On registration of the first precinct plan subdividing a community development lot, the proprietors of the precinct development lots and balance precinct development lots created are, because of this Act, a body corporate under the name ‘( insert name of development specified in the approved scheme ) Precinct Body Corporate ( insert (if necessary) unique identifying number )’.\n(sec.168-ssec.2) If a precinct development lot is subdivided by a precinct plan of subdivision, the proprietors of the precinct development lots created become members of the precinct body corporate in place of the proprietor of the subdivided precinct development lot.\n(sec.168-ssec.3) If precinct development lots are amalgamated by a precinct plan of amalgamation, the proprietor of the precinct development lot created becomes a member of the precinct body corporate in place of the proprietors of the amalgamated precinct development lots.\n(sec.168-ssec.4) If a balance precinct development lot is subdivided by a precinct plan, the proprietors of precinct development lots and any balance precinct development lots created become members of the precinct body corporate.\n(sec.168-ssec.5) If a precinct development lot or balance precinct development lot is subdivided under part 6 by a stratum plan, the proprietors of the precinct stratum lots created become members of the precinct body corporate in place of the proprietor of the subdivided precinct development lot or balance precinct development lot.\n(sec.168-ssec.6) If a precinct development lot or balance precinct development lot is subdivided by a group titles or building units plan, or a precinct stratum lot is subdivided by a building units plan— the proprietor of the lot— must give written notice to the precinct body corporate of the name and address for service of the body corporate created by the registration of the plan; and ceases to be a member of the precinct body corporate so far as the proprietor was a member because of being the proprietor of the lot; and the body corporate created by the registration of the plan becomes a member of the precinct body corporate.\n(sec.168-ssec.7) The subdivision or resubdivision of a lot, or of a lot and common property, on a group titles plan by a building units or group titles plan does not affect the membership of the precinct body corporate.\n(sec.168-ssec.8) The Corporations Act does not apply to the precinct body corporate.\n(sec.168-ssec.9) The precinct body corporate— has the powers and functions conferred on it under this Act or its by-laws; and must do all things that are necessary and reasonable for— the enforcement of its by-laws; and the control, management and administration of the precinct property.\n(sec.168-ssec.10) The precinct body corporate must act reasonably in anything it does under subsection (9) , including making, or not making, a decision under the subsection.\n(sec.168-ssec.11) The precinct body corporate— has perpetual succession; and has a common seal; and is capable of suing and being sued in its corporate name.\n(sec.168-ssec.12) Without limiting subsection (11) , the precinct body corporate may— sue and be sued on any contract made by it; or sue for any damage or injury to the precinct property; or be sued for any matter connected with the precinct property; or take the legal action necessary to enforce its by-laws.\n(sec.168-ssec.13) If work is carried out on land that becomes precinct property, then, on registration of the precinct plan, the precinct body corporate— is taken to have been a party to an enforceable contract for the carrying out of the work; and may sue or be sued in relation to the contract.\n- (a) the proprietor of the lot— (i) must give written notice to the precinct body corporate of the name and address for service of the body corporate created by the registration of the plan; and (ii) ceases to be a member of the precinct body corporate so far as the proprietor was a member because of being the proprietor of the lot; and\n- (i) must give written notice to the precinct body corporate of the name and address for service of the body corporate created by the registration of the plan; and\n- (ii) ceases to be a member of the precinct body corporate so far as the proprietor was a member because of being the proprietor of the lot; and\n- (b) the body corporate created by the registration of the plan becomes a member of the precinct body corporate.\n- (i) must give written notice to the precinct body corporate of the name and address for service of the body corporate created by the registration of the plan; and\n- (ii) ceases to be a member of the precinct body corporate so far as the proprietor was a member because of being the proprietor of the lot; and\n- (a) has the powers and functions conferred on it under this Act or its by-laws; and\n- (b) must do all things that are necessary and reasonable for— (i) the enforcement of its by-laws; and (ii) the control, management and administration of the precinct property.\n- (i) the enforcement of its by-laws; and\n- (ii) the control, management and administration of the precinct property.\n- (i) the enforcement of its by-laws; and\n- (ii) the control, management and administration of the precinct property.\n- (a) has perpetual succession; and\n- (b) has a common seal; and\n- (c) is capable of suing and being sued in its corporate name.\n- (a) sue and be sued on any contract made by it; or\n- (b) sue for any damage or injury to the precinct property; or\n- (c) be sued for any matter connected with the precinct property; or\n- (d) take the legal action necessary to enforce its by-laws.\n- (a) is taken to have been a party to an enforceable contract for the carrying out of the work; and\n- (b) may sue or be sued in relation to the contract.","sortOrder":211},{"sectionNumber":"pt.9-div.4","sectionType":"division","heading":"Matters applying to community and precinct bodies corporate","content":"## Matters applying to community and precinct bodies corporate","sortOrder":212},{"sectionNumber":"sec.169","sectionType":"section","heading":"Members’ nominees","content":"### sec.169 Members’ nominees\n\nA member of a body corporate may appoint a person to represent the member, and to vote on behalf of the member, at meetings of the body corporate.\nIf the member is a subsidiary body corporate, the member must—\nappoint a person under subsection (1) at its first annual general meeting; and\nensure that at all times there is a person appointed under subsection (1) for the member.\nFor any period that, despite subsection (2) (b) , no person is appointed under subsection (1) for a member that is a subsidiary body corporate, the chairperson of the executive committee, or committee, of the subsidiary body corporate is taken to be appointed under subsection (1) for the member.\nA nominee appointed by a subsidiary body corporate must be—\nboth—\na member of the subsidiary body corporate; and\na voting member of the executive committee, or committee, of the subsidiary body corporate; or\na body corporate manager of the subsidiary body corporate to whom the subsidiary body corporate has delegated 1 or more of its powers.\nHowever, subsection (4) (a) (ii) does not apply if the subsidiary body corporate has no executive committee or committee.\nAn appointment under subsection (1) in relation to a body corporate does not have effect until written notice of the appointment is received by the secretary of the body corporate.\nA nominee appointed, or taken to be appointed, by a subsidiary body corporate must represent the subsidiary body corporate—\nin the way the subsidiary body corporate directs; and\nsubject to paragraph (a) , in a way that is in the best interests of the subsidiary body corporate.\nAn appointment of a nominee in relation to a body corporate ends when the first of the following happens—\nthe end of 1 year after the appointment;\nthe secretary of the body corporate receives written notice of—\nthe cancellation of the nominee’s appointment; or\nthe appointment of another nominee.\nA written notice under subsection (6) or (8) (b) must be signed—\nfor an appointment or cancellation made by a member of the body corporate that is a corporation—by the chairperson and secretary of the corporation; or\notherwise—by the member.\nIn this section—\nmember , of a subsidiary body corporate that is a body corporate created by the registration of a building units or group titles plan, means a proprietor of a lot shown on the plan.\ns 169 amd 2011 No. 27 s 295 ; 2022 No. 28 s 34\n(sec.169-ssec.1) A member of a body corporate may appoint a person to represent the member, and to vote on behalf of the member, at meetings of the body corporate.\n(sec.169-ssec.2) If the member is a subsidiary body corporate, the member must— appoint a person under subsection (1) at its first annual general meeting; and ensure that at all times there is a person appointed under subsection (1) for the member.\n(sec.169-ssec.3) For any period that, despite subsection (2) (b) , no person is appointed under subsection (1) for a member that is a subsidiary body corporate, the chairperson of the executive committee, or committee, of the subsidiary body corporate is taken to be appointed under subsection (1) for the member.\n(sec.169-ssec.4) A nominee appointed by a subsidiary body corporate must be— both— a member of the subsidiary body corporate; and a voting member of the executive committee, or committee, of the subsidiary body corporate; or a body corporate manager of the subsidiary body corporate to whom the subsidiary body corporate has delegated 1 or more of its powers.\n(sec.169-ssec.5) However, subsection (4) (a) (ii) does not apply if the subsidiary body corporate has no executive committee or committee.\n(sec.169-ssec.6) An appointment under subsection (1) in relation to a body corporate does not have effect until written notice of the appointment is received by the secretary of the body corporate.\n(sec.169-ssec.7) A nominee appointed, or taken to be appointed, by a subsidiary body corporate must represent the subsidiary body corporate— in the way the subsidiary body corporate directs; and subject to paragraph (a) , in a way that is in the best interests of the subsidiary body corporate.\n(sec.169-ssec.8) An appointment of a nominee in relation to a body corporate ends when the first of the following happens— the end of 1 year after the appointment; the secretary of the body corporate receives written notice of— the cancellation of the nominee’s appointment; or the appointment of another nominee.\n(sec.169-ssec.9) A written notice under subsection (6) or (8) (b) must be signed— for an appointment or cancellation made by a member of the body corporate that is a corporation—by the chairperson and secretary of the corporation; or otherwise—by the member.\n(sec.169-ssec.10) In this section— member , of a subsidiary body corporate that is a body corporate created by the registration of a building units or group titles plan, means a proprietor of a lot shown on the plan.\n- (a) appoint a person under subsection (1) at its first annual general meeting; and\n- (b) ensure that at all times there is a person appointed under subsection (1) for the member.\n- (a) both— (i) a member of the subsidiary body corporate; and (ii) a voting member of the executive committee, or committee, of the subsidiary body corporate; or\n- (i) a member of the subsidiary body corporate; and\n- (ii) a voting member of the executive committee, or committee, of the subsidiary body corporate; or\n- (b) a body corporate manager of the subsidiary body corporate to whom the subsidiary body corporate has delegated 1 or more of its powers.\n- (i) a member of the subsidiary body corporate; and\n- (ii) a voting member of the executive committee, or committee, of the subsidiary body corporate; or\n- (a) in the way the subsidiary body corporate directs; and\n- (b) subject to paragraph (a) , in a way that is in the best interests of the subsidiary body corporate.\n- (a) the end of 1 year after the appointment;\n- (b) the secretary of the body corporate receives written notice of— (i) the cancellation of the nominee’s appointment; or (ii) the appointment of another nominee.\n- (i) the cancellation of the nominee’s appointment; or\n- (ii) the appointment of another nominee.\n- (i) the cancellation of the nominee’s appointment; or\n- (ii) the appointment of another nominee.\n- (a) for an appointment or cancellation made by a member of the body corporate that is a corporation—by the chairperson and secretary of the corporation; or\n- (b) otherwise—by the member.","sortOrder":213},{"sectionNumber":"sec.170","sectionType":"section","heading":"Seals of bodies corporate","content":"### sec.170 Seals of bodies corporate\n\nThe common seal of a community body corporate must be kept by—\nthe member of the community body corporate, or member of the executive committee, that the community body corporate determines; or\nif no determination is made—the secretary of the executive committee.\nThe common seal of a precinct body corporate must be kept by—\nif the precinct body corporate is constituted by the proprietor of the community development lot alone—the original applicant; or\nif the precinct body corporate is constituted by 2 or more members—\nthe member of the precinct body corporate or member of the executive committee that the precinct body corporate determines; or\nif no determination is made—the secretary of the executive committee.\nThe common seal of a body corporate may only be affixed to a document in the presence of—\nif the body corporate is constituted by 1 member—the member; or\nif the body corporate is constituted by 2 members—each member; or\nif the body corporate is constituted by more than 2 members—\n2 persons who are members of the body corporate, or executive committee, determined by the body corporate; or\nif no determination is made—the secretary and another member of the executive committee.\nA person in whose presence the common seal is affixed to a document must attest the fact and date of the affixing of the seal by the person’s signature.\nIf a member is a corporation, the common seal affixed in the presence of a person nominated in writing by the corporation for the purpose and attested by the person is taken to have been properly affixed in the presence of the corporation.\nFor the purpose of exercising any of a body corporate manager’s powers, the body corporate manager is entitled to—\nhave the custody of the body corporate’s common seal; and\naffix it to any document.\nSubsection (6) has effect despite subsections (1) to (5) .\nIf the body corporate manager affixes the common seal under subsection (6) , the manager must attest the fact and date of the affixing of the seal by the manager’s signature.\nIf a body corporate manager has affixed the common seal of a body corporate to a document, the manager is taken to have affixed the seal under the authority of a delegation made under section 192 by the body corporate.\nSubsection (9) does not operate to enable a person fraudulently to obtain a benefit from its operation, but any benefit that accrues to a person from its operation is taken not to have been fraudulently obtained if the benefit was first obtained by the person without any fraud by the person.\n(sec.170-ssec.1) The common seal of a community body corporate must be kept by— the member of the community body corporate, or member of the executive committee, that the community body corporate determines; or if no determination is made—the secretary of the executive committee.\n(sec.170-ssec.2) The common seal of a precinct body corporate must be kept by— if the precinct body corporate is constituted by the proprietor of the community development lot alone—the original applicant; or if the precinct body corporate is constituted by 2 or more members— the member of the precinct body corporate or member of the executive committee that the precinct body corporate determines; or if no determination is made—the secretary of the executive committee.\n(sec.170-ssec.3) The common seal of a body corporate may only be affixed to a document in the presence of— if the body corporate is constituted by 1 member—the member; or if the body corporate is constituted by 2 members—each member; or if the body corporate is constituted by more than 2 members— 2 persons who are members of the body corporate, or executive committee, determined by the body corporate; or if no determination is made—the secretary and another member of the executive committee.\n(sec.170-ssec.4) A person in whose presence the common seal is affixed to a document must attest the fact and date of the affixing of the seal by the person’s signature.\n(sec.170-ssec.5) If a member is a corporation, the common seal affixed in the presence of a person nominated in writing by the corporation for the purpose and attested by the person is taken to have been properly affixed in the presence of the corporation.\n(sec.170-ssec.6) For the purpose of exercising any of a body corporate manager’s powers, the body corporate manager is entitled to— have the custody of the body corporate’s common seal; and affix it to any document.\n(sec.170-ssec.7) Subsection (6) has effect despite subsections (1) to (5) .\n(sec.170-ssec.8) If the body corporate manager affixes the common seal under subsection (6) , the manager must attest the fact and date of the affixing of the seal by the manager’s signature.\n(sec.170-ssec.9) If a body corporate manager has affixed the common seal of a body corporate to a document, the manager is taken to have affixed the seal under the authority of a delegation made under section 192 by the body corporate.\n(sec.170-ssec.10) Subsection (9) does not operate to enable a person fraudulently to obtain a benefit from its operation, but any benefit that accrues to a person from its operation is taken not to have been fraudulently obtained if the benefit was first obtained by the person without any fraud by the person.\n- (a) the member of the community body corporate, or member of the executive committee, that the community body corporate determines; or\n- (b) if no determination is made—the secretary of the executive committee.\n- (a) if the precinct body corporate is constituted by the proprietor of the community development lot alone—the original applicant; or\n- (b) if the precinct body corporate is constituted by 2 or more members— (i) the member of the precinct body corporate or member of the executive committee that the precinct body corporate determines; or (ii) if no determination is made—the secretary of the executive committee.\n- (i) the member of the precinct body corporate or member of the executive committee that the precinct body corporate determines; or\n- (ii) if no determination is made—the secretary of the executive committee.\n- (i) the member of the precinct body corporate or member of the executive committee that the precinct body corporate determines; or\n- (ii) if no determination is made—the secretary of the executive committee.\n- (a) if the body corporate is constituted by 1 member—the member; or\n- (b) if the body corporate is constituted by 2 members—each member; or\n- (c) if the body corporate is constituted by more than 2 members— (i) 2 persons who are members of the body corporate, or executive committee, determined by the body corporate; or (ii) if no determination is made—the secretary and another member of the executive committee.\n- (i) 2 persons who are members of the body corporate, or executive committee, determined by the body corporate; or\n- (ii) if no determination is made—the secretary and another member of the executive committee.\n- (i) 2 persons who are members of the body corporate, or executive committee, determined by the body corporate; or\n- (ii) if no determination is made—the secretary and another member of the executive committee.\n- (a) have the custody of the body corporate’s common seal; and\n- (b) affix it to any document.","sortOrder":214},{"sectionNumber":"sec.171","sectionType":"section","heading":"Address for service of bodies corporate","content":"### sec.171 Address for service of bodies corporate\n\nOn the incorporation of a community body corporate under section 167 , its address for service is the same as the address for service of the original applicant.\nOn the incorporation of a precinct body corporate under section 168 , its address for service is the same as the address for service of the proprietor of the community development lot.\nThe address for service of a body corporate must be recorded on the plan that creates it.\nIf the address for service changes, the body corporate must immediately lodge a notice in the approved form with the registrar of titles specifying the new address.\nThe registrar of titles must record the new address for service on the relevant plan.\nA body corporate may change its address for service by an ordinary resolution of the body corporate.\n(sec.171-ssec.1) On the incorporation of a community body corporate under section 167 , its address for service is the same as the address for service of the original applicant.\n(sec.171-ssec.2) On the incorporation of a precinct body corporate under section 168 , its address for service is the same as the address for service of the proprietor of the community development lot.\n(sec.171-ssec.3) The address for service of a body corporate must be recorded on the plan that creates it.\n(sec.171-ssec.4) If the address for service changes, the body corporate must immediately lodge a notice in the approved form with the registrar of titles specifying the new address.\n(sec.171-ssec.5) The registrar of titles must record the new address for service on the relevant plan.\n(sec.171-ssec.6) A body corporate may change its address for service by an ordinary resolution of the body corporate.","sortOrder":215},{"sectionNumber":"sec.172","sectionType":"section","heading":"Meetings of bodies corporate","content":"### sec.172 Meetings of bodies corporate\n\nThe original applicant of a scheme must—\nconvene a meeting of the community body corporate to be held within 3 months from the day of its incorporation; and\nensure that the meeting is held within the period.\nMaximum penalty—50 penalty units.\nThe proprietor of a community development lot must—\nconvene a meeting of the precinct body corporate to be held within 3 months from the day of its incorporation; and\nensure that the meeting is held within the period.\nMaximum penalty—50 penalty units.\nThe agenda for the first meeting of a body corporate under this section must consist of the following items—\nto decide whether the insurance policies entered into by the body corporate should be confirmed, varied or extended;\nto decide whether amounts that may have been determined under section 177 (1) (i) or (2) should be confirmed or varied;\nif there are more than 3 members of the body corporate—to determine the number of members of the executive committee;\nto elect—\nthe chairperson, secretary and treasurer of the body corporate; and\nother members of the executive committee;\nto decide whether to make by-laws.\nThe meeting is to be the first annual general meeting of the body corporate and at the meeting a chairperson, secretary and treasurer are to be elected.\nA person may be elected to 1 or more of the offices mentioned in subsection (4) .\nThe original applicant must deliver to the community body corporate, and the proprietor of the community development lot must deliver to the precinct body corporate, at its first annual general meeting—\nall plans, specifications, drawings (showing water pipes, electric cables and drainage), certificates (other than certificates of title for lots), diagrams and other documents (including insurance policies) obtained or received by the applicant or proprietor and relating to the community property and any precinct property; and\nif they are in the applicant’s or proprietor’s possession or control—the body corporate roll, books of account and any notices or other records relating to the community property or the precinct property; and\nthe budget showing the estimated expenditure of the body corporate in relation to the community property or the precinct property on an annual basis.\nMaximum penalty—50 penalty units.\nSubsection (6) does not apply to a document that—\nexclusively evidences rights or obligations of the original applicant or proprietor; and\nis not capable of being used for the benefit of the body corporate or a member of the body corporate (other than the original applicant or proprietor).\nPart 1 of schedule 2 to the Building Units and Group Titles Act 1980 applies to the first annual general meeting of a body corporate and voting at the meeting.\nPart 2 of schedule 2 to the Building Units and Group Titles Act 1980 applies to other meetings of a body corporate and voting at the meetings.\nThe provisions of the schedule mentioned in subsection (8) relating to the rights and obligations of mortgagees and mortgagors do not apply for the purposes of the subsection.\nAlso, the application of the Building Units and Group Titles Act 1980 , schedule 2 , part 2 is subject to schedule 1 and schedule 5 , definition ordinary resolution .\nFurther, the Building Units and Group Titles Act 1980 , schedule 2 , part 2 , section 2 (6) does not apply, for a meeting of a body corporate, to a member of the body corporate that—\nis a subsidiary body corporate of the body corporate; and\nat the time of the meeting—\nowes an overdue amount to the body corporate; and\nis owed an overdue amount by 1 or more undeveloped lot members of the subsidiary body corporate that is equal in value to at least 50% of the overdue amount mentioned in subparagraph (i) ; and\nhas at least 1 member that is not an undeveloped lot member or an associate of an undeveloped lot member.\nAt the time of a meeting of a body corporate, a subsidiary body corporate of the body corporate owes the body corporate $500,000. At the same time, two undeveloped lot members owe the subsidiary body corporate $400,000, an amount that is at least 50% of the amount owed by the subsidiary body corporate to the body corporate. The Building Units and Group Titles Act 1980 , schedule 2 , part 2 , section 2 (6) does not apply to the subsidiary body corporate for the meeting.\nIf subsection (10B) applies to a subsidiary body corporate for a meeting of a body corporate—\nthe subsidiary body corporate must, if requested by the body corporate, provide evidence of the matters mentioned in subsection (10B) (b) (ii) and (iii) ; and\nan undeveloped lot member mentioned in subsection (10B) (b) (ii) who is a nominee of the subsidiary body corporate may not represent, or vote on behalf of, the subsidiary body corporate at the meeting; and\nif paragraph (b) applies, the subsidiary body corporate must appoint a person who is not an undeveloped lot member to represent, and to vote on behalf of, the subsidiary body corporate at the meeting.\nThe provisions of the schedule mentioned in subsections (8) and (9) are, for the purposes of the subsections, to be read as if—\na reference to the aggregate lot entitlement were a reference to—\nin relation to a community body corporate—the total of all voting entitlements specified in the approved scheme; and\nin relation to a precinct body corporate—the total of all voting entitlements relating to the community development lot; and\na reference to a body corporate were a reference to a community body corporate or precinct body corporate; and\na reference to the by-laws were a reference to the body corporate’s by-laws; and\na reference to the committee were a reference to the body corporate’s executive committee; and\na reference to a lot were a reference to a community development lot, precinct development lot or balance precinct development lot; and\na reference to the lot entitlement were a reference to—\nin relation to a community body corporate—the voting entitlement of a member; and\nin relation to a precinct body corporate—the voting entitlement that applies to a precinct development lot or balance precinct development lot; and\na reference to the original proprietor were a reference to—\nin relation to a community body corporate—the original applicant; and\nin relation to a precinct body corporate—the proprietor of the community development lot; and\na reference to a proprietor were a reference to a proprietor within the meaning given by this Act; and\na reference to the roll were a reference to the body corporate roll; and\na reference to a particular provision of the Building Units and Group Titles Act 1980 (other than a provision in the schedules) were a reference to the corresponding provision of this Act; and\nany precinct body corporate were the proprietor of a parcel of land within the site and its voting entitlements were the voting entitlements of the parcel.\nIf a meeting of a body corporate is not convened under subsection (1) or (2) , the Minister may by written notice—\nappoint a person to convene a meeting of the body corporate; and\nspecify a time within which the meeting is to be held.\nThe appointment may only be made on the application of—\nthe body corporate; or\na member of the body corporate.\nFor the purposes of subsections (3) to (11) and (15) , a meeting convened under subsection (12) is taken to be the meeting convened under subsection (1) or (2) .\nAt any time after the meeting convened under subsection (1) or (2) has been held, the Minister may by written notice—\nappoint a person to convene a meeting of the body corporate; and\nspecify a time within which the meeting is to be held.\nThe Minister may appoint the person—\nonly on the application of a member of the body corporate; and\nonly if—\nthe person is nominated by the applicant; and\nthe person consents to the nomination; and\nthere is no executive committee.\nIn addition to making an appointment under subsection (12) or (15) , the Minister may give any direction relating to the appointment or meeting that the Minister considers appropriate.\nWithout limiting subsection (17) , but despite this section, the Minister may also give the following directions—\nthat the person appointed to convene a meeting of the body corporate must preside at the meeting and, while the person is presiding, the person is taken to be the chairperson of the body corporate;\nthat notice of the meeting may be given in the way specified in the direction.\nEven if, in relation to a community body corporate—\nan appointment is made under subsection (13) ; or\na meeting is convened and held because of an appointment under subsection (13) ;\nthe original applicant remains liable for the contravention of subsection (1) .\nEven if, in relation to a precinct body corporate—\nan appointment is made under subsection (13) ; or\na meeting is convened and held because of an appointment under subsection (13) ;\nthe proprietor of the community development lot remains liable for the contravention of subsection (2) .\nIn this section—\nmember , of a subsidiary body corporate that is a body corporate created by the registration of a building units or group titles plan, means a proprietor of a lot shown on the plan.\noverdue amount , for a body corporate or subsidiary body corporate, means—\nan amount of a contribution levied by the body corporate or subsidiary body corporate that is unpaid and has been due for payment for 30 or more days; or\nany other amount recoverable by the body corporate or subsidiary body corporate that is unpaid.\nundeveloped lot member , in relation to a subsidiary body corporate, means a member of the subsidiary body corporate who is an owner of a lot that has not been improved by, or is not part of, a building or other structure that is reasonably capable of being used for a purpose for which the lot may be used under the plan of development for the scheme applying to the lot.\ns 172 amd 2011 No. 27 s 296 ; 2022 No. 28 s 35\n(sec.172-ssec.1) The original applicant of a scheme must— convene a meeting of the community body corporate to be held within 3 months from the day of its incorporation; and ensure that the meeting is held within the period. Maximum penalty—50 penalty units.\n(sec.172-ssec.2) The proprietor of a community development lot must— convene a meeting of the precinct body corporate to be held within 3 months from the day of its incorporation; and ensure that the meeting is held within the period. Maximum penalty—50 penalty units.\n(sec.172-ssec.3) The agenda for the first meeting of a body corporate under this section must consist of the following items— to decide whether the insurance policies entered into by the body corporate should be confirmed, varied or extended; to decide whether amounts that may have been determined under section 177 (1) (i) or (2) should be confirmed or varied; if there are more than 3 members of the body corporate—to determine the number of members of the executive committee; to elect— the chairperson, secretary and treasurer of the body corporate; and other members of the executive committee; to decide whether to make by-laws.\n(sec.172-ssec.4) The meeting is to be the first annual general meeting of the body corporate and at the meeting a chairperson, secretary and treasurer are to be elected.\n(sec.172-ssec.5) A person may be elected to 1 or more of the offices mentioned in subsection (4) .\n(sec.172-ssec.6) The original applicant must deliver to the community body corporate, and the proprietor of the community development lot must deliver to the precinct body corporate, at its first annual general meeting— all plans, specifications, drawings (showing water pipes, electric cables and drainage), certificates (other than certificates of title for lots), diagrams and other documents (including insurance policies) obtained or received by the applicant or proprietor and relating to the community property and any precinct property; and if they are in the applicant’s or proprietor’s possession or control—the body corporate roll, books of account and any notices or other records relating to the community property or the precinct property; and the budget showing the estimated expenditure of the body corporate in relation to the community property or the precinct property on an annual basis. Maximum penalty—50 penalty units.\n(sec.172-ssec.7) Subsection (6) does not apply to a document that— exclusively evidences rights or obligations of the original applicant or proprietor; and is not capable of being used for the benefit of the body corporate or a member of the body corporate (other than the original applicant or proprietor).\n(sec.172-ssec.8) Part 1 of schedule 2 to the Building Units and Group Titles Act 1980 applies to the first annual general meeting of a body corporate and voting at the meeting.\n(sec.172-ssec.9) Part 2 of schedule 2 to the Building Units and Group Titles Act 1980 applies to other meetings of a body corporate and voting at the meetings.\n(sec.172-ssec.10) The provisions of the schedule mentioned in subsection (8) relating to the rights and obligations of mortgagees and mortgagors do not apply for the purposes of the subsection.\n(sec.172-ssec.10A) Also, the application of the Building Units and Group Titles Act 1980 , schedule 2 , part 2 is subject to schedule 1 and schedule 5 , definition ordinary resolution .\n(sec.172-ssec.10B) Further, the Building Units and Group Titles Act 1980 , schedule 2 , part 2 , section 2 (6) does not apply, for a meeting of a body corporate, to a member of the body corporate that— is a subsidiary body corporate of the body corporate; and at the time of the meeting— owes an overdue amount to the body corporate; and is owed an overdue amount by 1 or more undeveloped lot members of the subsidiary body corporate that is equal in value to at least 50% of the overdue amount mentioned in subparagraph (i) ; and has at least 1 member that is not an undeveloped lot member or an associate of an undeveloped lot member. At the time of a meeting of a body corporate, a subsidiary body corporate of the body corporate owes the body corporate $500,000. At the same time, two undeveloped lot members owe the subsidiary body corporate $400,000, an amount that is at least 50% of the amount owed by the subsidiary body corporate to the body corporate. The Building Units and Group Titles Act 1980 , schedule 2 , part 2 , section 2 (6) does not apply to the subsidiary body corporate for the meeting.\n(sec.172-ssec.10C) If subsection (10B) applies to a subsidiary body corporate for a meeting of a body corporate— the subsidiary body corporate must, if requested by the body corporate, provide evidence of the matters mentioned in subsection (10B) (b) (ii) and (iii) ; and an undeveloped lot member mentioned in subsection (10B) (b) (ii) who is a nominee of the subsidiary body corporate may not represent, or vote on behalf of, the subsidiary body corporate at the meeting; and if paragraph (b) applies, the subsidiary body corporate must appoint a person who is not an undeveloped lot member to represent, and to vote on behalf of, the subsidiary body corporate at the meeting.\n(sec.172-ssec.11) The provisions of the schedule mentioned in subsections (8) and (9) are, for the purposes of the subsections, to be read as if— a reference to the aggregate lot entitlement were a reference to— in relation to a community body corporate—the total of all voting entitlements specified in the approved scheme; and in relation to a precinct body corporate—the total of all voting entitlements relating to the community development lot; and a reference to a body corporate were a reference to a community body corporate or precinct body corporate; and a reference to the by-laws were a reference to the body corporate’s by-laws; and a reference to the committee were a reference to the body corporate’s executive committee; and a reference to a lot were a reference to a community development lot, precinct development lot or balance precinct development lot; and a reference to the lot entitlement were a reference to— in relation to a community body corporate—the voting entitlement of a member; and in relation to a precinct body corporate—the voting entitlement that applies to a precinct development lot or balance precinct development lot; and a reference to the original proprietor were a reference to— in relation to a community body corporate—the original applicant; and in relation to a precinct body corporate—the proprietor of the community development lot; and a reference to a proprietor were a reference to a proprietor within the meaning given by this Act; and a reference to the roll were a reference to the body corporate roll; and a reference to a particular provision of the Building Units and Group Titles Act 1980 (other than a provision in the schedules) were a reference to the corresponding provision of this Act; and any precinct body corporate were the proprietor of a parcel of land within the site and its voting entitlements were the voting entitlements of the parcel.\n(sec.172-ssec.12) If a meeting of a body corporate is not convened under subsection (1) or (2) , the Minister may by written notice— appoint a person to convene a meeting of the body corporate; and specify a time within which the meeting is to be held.\n(sec.172-ssec.13) The appointment may only be made on the application of— the body corporate; or a member of the body corporate.\n(sec.172-ssec.14) For the purposes of subsections (3) to (11) and (15) , a meeting convened under subsection (12) is taken to be the meeting convened under subsection (1) or (2) .\n(sec.172-ssec.15) At any time after the meeting convened under subsection (1) or (2) has been held, the Minister may by written notice— appoint a person to convene a meeting of the body corporate; and specify a time within which the meeting is to be held.\n(sec.172-ssec.16) The Minister may appoint the person— only on the application of a member of the body corporate; and only if— the person is nominated by the applicant; and the person consents to the nomination; and there is no executive committee.\n(sec.172-ssec.17) In addition to making an appointment under subsection (12) or (15) , the Minister may give any direction relating to the appointment or meeting that the Minister considers appropriate.\n(sec.172-ssec.18) Without limiting subsection (17) , but despite this section, the Minister may also give the following directions— that the person appointed to convene a meeting of the body corporate must preside at the meeting and, while the person is presiding, the person is taken to be the chairperson of the body corporate; that notice of the meeting may be given in the way specified in the direction.\n(sec.172-ssec.19) Even if, in relation to a community body corporate— an appointment is made under subsection (13) ; or a meeting is convened and held because of an appointment under subsection (13) ; the original applicant remains liable for the contravention of subsection (1) .\n(sec.172-ssec.20) Even if, in relation to a precinct body corporate— an appointment is made under subsection (13) ; or a meeting is convened and held because of an appointment under subsection (13) ; the proprietor of the community development lot remains liable for the contravention of subsection (2) .\n(sec.172-ssec.21) In this section— member , of a subsidiary body corporate that is a body corporate created by the registration of a building units or group titles plan, means a proprietor of a lot shown on the plan. overdue amount , for a body corporate or subsidiary body corporate, means— an amount of a contribution levied by the body corporate or subsidiary body corporate that is unpaid and has been due for payment for 30 or more days; or any other amount recoverable by the body corporate or subsidiary body corporate that is unpaid. undeveloped lot member , in relation to a subsidiary body corporate, means a member of the subsidiary body corporate who is an owner of a lot that has not been improved by, or is not part of, a building or other structure that is reasonably capable of being used for a purpose for which the lot may be used under the plan of development for the scheme applying to the lot.\n- (a) convene a meeting of the community body corporate to be held within 3 months from the day of its incorporation; and\n- (b) ensure that the meeting is held within the period.\n- (a) convene a meeting of the precinct body corporate to be held within 3 months from the day of its incorporation; and\n- (b) ensure that the meeting is held within the period.\n- (a) to decide whether the insurance policies entered into by the body corporate should be confirmed, varied or extended;\n- (b) to decide whether amounts that may have been determined under section 177 (1) (i) or (2) should be confirmed or varied;\n- (c) if there are more than 3 members of the body corporate—to determine the number of members of the executive committee;\n- (d) to elect— (i) the chairperson, secretary and treasurer of the body corporate; and (ii) other members of the executive committee;\n- (i) the chairperson, secretary and treasurer of the body corporate; and\n- (ii) other members of the executive committee;\n- (e) to decide whether to make by-laws.\n- (i) the chairperson, secretary and treasurer of the body corporate; and\n- (ii) other members of the executive committee;\n- (a) all plans, specifications, drawings (showing water pipes, electric cables and drainage), certificates (other than certificates of title for lots), diagrams and other documents (including insurance policies) obtained or received by the applicant or proprietor and relating to the community property and any precinct property; and\n- (b) if they are in the applicant’s or proprietor’s possession or control—the body corporate roll, books of account and any notices or other records relating to the community property or the precinct property; and\n- (c) the budget showing the estimated expenditure of the body corporate in relation to the community property or the precinct property on an annual basis.\n- (a) exclusively evidences rights or obligations of the original applicant or proprietor; and\n- (b) is not capable of being used for the benefit of the body corporate or a member of the body corporate (other than the original applicant or proprietor).\n- (a) is a subsidiary body corporate of the body corporate; and\n- (b) at the time of the meeting— (i) owes an overdue amount to the body corporate; and (ii) is owed an overdue amount by 1 or more undeveloped lot members of the subsidiary body corporate that is equal in value to at least 50% of the overdue amount mentioned in subparagraph (i) ; and (iii) has at least 1 member that is not an undeveloped lot member or an associate of an undeveloped lot member.\n- (i) owes an overdue amount to the body corporate; and\n- (ii) is owed an overdue amount by 1 or more undeveloped lot members of the subsidiary body corporate that is equal in value to at least 50% of the overdue amount mentioned in subparagraph (i) ; and\n- (iii) has at least 1 member that is not an undeveloped lot member or an associate of an undeveloped lot member.\n- (i) owes an overdue amount to the body corporate; and\n- (ii) is owed an overdue amount by 1 or more undeveloped lot members of the subsidiary body corporate that is equal in value to at least 50% of the overdue amount mentioned in subparagraph (i) ; and\n- (iii) has at least 1 member that is not an undeveloped lot member or an associate of an undeveloped lot member.\n- (a) the subsidiary body corporate must, if requested by the body corporate, provide evidence of the matters mentioned in subsection (10B) (b) (ii) and (iii) ; and\n- (b) an undeveloped lot member mentioned in subsection (10B) (b) (ii) who is a nominee of the subsidiary body corporate may not represent, or vote on behalf of, the subsidiary body corporate at the meeting; and\n- (c) if paragraph (b) applies, the subsidiary body corporate must appoint a person who is not an undeveloped lot member to represent, and to vote on behalf of, the subsidiary body corporate at the meeting.\n- (a) a reference to the aggregate lot entitlement were a reference to— (i) in relation to a community body corporate—the total of all voting entitlements specified in the approved scheme; and (ii) in relation to a precinct body corporate—the total of all voting entitlements relating to the community development lot; and\n- (i) in relation to a community body corporate—the total of all voting entitlements specified in the approved scheme; and\n- (ii) in relation to a precinct body corporate—the total of all voting entitlements relating to the community development lot; and\n- (b) a reference to a body corporate were a reference to a community body corporate or precinct body corporate; and\n- (c) a reference to the by-laws were a reference to the body corporate’s by-laws; and\n- (d) a reference to the committee were a reference to the body corporate’s executive committee; and\n- (e) a reference to a lot were a reference to a community development lot, precinct development lot or balance precinct development lot; and\n- (f) a reference to the lot entitlement were a reference to— (i) in relation to a community body corporate—the voting entitlement of a member; and (ii) in relation to a precinct body corporate—the voting entitlement that applies to a precinct development lot or balance precinct development lot; and\n- (i) in relation to a community body corporate—the voting entitlement of a member; and\n- (ii) in relation to a precinct body corporate—the voting entitlement that applies to a precinct development lot or balance precinct development lot; and\n- (g) a reference to the original proprietor were a reference to— (i) in relation to a community body corporate—the original applicant; and (ii) in relation to a precinct body corporate—the proprietor of the community development lot; and\n- (i) in relation to a community body corporate—the original applicant; and\n- (ii) in relation to a precinct body corporate—the proprietor of the community development lot; and\n- (h) a reference to a proprietor were a reference to a proprietor within the meaning given by this Act; and\n- (i) a reference to the roll were a reference to the body corporate roll; and\n- (j) a reference to a particular provision of the Building Units and Group Titles Act 1980 (other than a provision in the schedules) were a reference to the corresponding provision of this Act; and\n- (k) any precinct body corporate were the proprietor of a parcel of land within the site and its voting entitlements were the voting entitlements of the parcel.\n- (i) in relation to a community body corporate—the total of all voting entitlements specified in the approved scheme; and\n- (ii) in relation to a precinct body corporate—the total of all voting entitlements relating to the community development lot; and\n- (i) in relation to a community body corporate—the voting entitlement of a member; and\n- (ii) in relation to a precinct body corporate—the voting entitlement that applies to a precinct development lot or balance precinct development lot; and\n- (i) in relation to a community body corporate—the original applicant; and\n- (ii) in relation to a precinct body corporate—the proprietor of the community development lot; and\n- (a) appoint a person to convene a meeting of the body corporate; and\n- (b) specify a time within which the meeting is to be held.\n- (a) the body corporate; or\n- (b) a member of the body corporate.\n- (a) appoint a person to convene a meeting of the body corporate; and\n- (b) specify a time within which the meeting is to be held.\n- (a) only on the application of a member of the body corporate; and\n- (b) only if— (i) the person is nominated by the applicant; and (ii) the person consents to the nomination; and (iii) there is no executive committee.\n- (i) the person is nominated by the applicant; and\n- (ii) the person consents to the nomination; and\n- (iii) there is no executive committee.\n- (i) the person is nominated by the applicant; and\n- (ii) the person consents to the nomination; and\n- (iii) there is no executive committee.\n- (a) that the person appointed to convene a meeting of the body corporate must preside at the meeting and, while the person is presiding, the person is taken to be the chairperson of the body corporate;\n- (b) that notice of the meeting may be given in the way specified in the direction.\n- (a) an appointment is made under subsection (13) ; or\n- (b) a meeting is convened and held because of an appointment under subsection (13) ;\n- (a) an appointment is made under subsection (13) ; or\n- (b) a meeting is convened and held because of an appointment under subsection (13) ;\n- (a) an amount of a contribution levied by the body corporate or subsidiary body corporate that is unpaid and has been due for payment for 30 or more days; or\n- (b) any other amount recoverable by the body corporate or subsidiary body corporate that is unpaid.","sortOrder":216},{"sectionNumber":"sec.172A","sectionType":"section","heading":"Change of annual general meeting","content":"### sec.172A Change of annual general meeting\n\nA body corporate may make written application to the Minister for approval to change the date of its next annual general meeting.\nThe body corporate may apply to the Minister to change the date of its next annual general meeting only if—\nthe proposed change of date has been stated in a motion given to its members; and\nthe motion for the proposed change of date has been carried by ordinary resolution of the body corporate.\nThe application to the Minister must be accompanied by—\na copy of the motion; and\nevidence that it has been carried by ordinary resolution.\nThe Minister may approve or refuse the application and must advise the body corporate in writing of the approval or refusal.\nIf the application is approved, the changed date of the annual general meeting is taken to be the anniversary of the first annual general meeting of the body corporate.\nThe annual general meeting of the body corporate will now be convened under section 177 (1) (h) on or after the anniversary of the changed date of the annual general meeting but not later than 2 months after the anniversary.\ns 172A ins 1993 No. 80 s 9\namd 2022 No. 28 s 48 sch 1\n(sec.172A-ssec.1) A body corporate may make written application to the Minister for approval to change the date of its next annual general meeting.\n(sec.172A-ssec.2) The body corporate may apply to the Minister to change the date of its next annual general meeting only if— the proposed change of date has been stated in a motion given to its members; and the motion for the proposed change of date has been carried by ordinary resolution of the body corporate.\n(sec.172A-ssec.3) The application to the Minister must be accompanied by— a copy of the motion; and evidence that it has been carried by ordinary resolution.\n(sec.172A-ssec.4) The Minister may approve or refuse the application and must advise the body corporate in writing of the approval or refusal.\n(sec.172A-ssec.5) If the application is approved, the changed date of the annual general meeting is taken to be the anniversary of the first annual general meeting of the body corporate. The annual general meeting of the body corporate will now be convened under section 177 (1) (h) on or after the anniversary of the changed date of the annual general meeting but not later than 2 months after the anniversary.\n- (a) the proposed change of date has been stated in a motion given to its members; and\n- (b) the motion for the proposed change of date has been carried by ordinary resolution of the body corporate.\n- (a) a copy of the motion; and\n- (b) evidence that it has been carried by ordinary resolution.","sortOrder":217},{"sectionNumber":"sec.173","sectionType":"section","heading":"Voting entitlements","content":"### sec.173 Voting entitlements\n\nThe proprietor of a community development lot or community stratum lot is—\na member of the community body corporate; and\nhas the voting entitlement set out in the schedule accompanying the plan that creates the lot.\nIf—\na community development lot is subdivided by a building units or group titles plan; or\na community stratum lot is subdivided by a building units plan;\nthe body corporate created—\nbecomes a member of the community body corporate; and\nhas the same voting entitlement as the previous proprietor of the subdivided lot.\nIf a community development lot is subdivided by a precinct plan under section 86 , the precinct body corporate created—\nbecomes a member of the community body corporate; and\nhas the same voting entitlement as the previous proprietor of the subdivided lot.\nEach proprietor of a precinct development lot, balance precinct development lot or precinct stratum lot—\nis a member of the precinct body corporate; and\nhas the voting entitlement set out in the schedule accompanying the plan that creates the lot.\nIf—\na precinct development lot or balance precinct development lot is subdivided by a building units or group titles plan; or\na precinct stratum lot is subdivided by a building units plan;\nthe body corporate created—\nbecomes a member of the precinct body corporate; and\nhas the same voting entitlement as the previous proprietor of the subdivided lot.\n(sec.173-ssec.1) The proprietor of a community development lot or community stratum lot is— a member of the community body corporate; and has the voting entitlement set out in the schedule accompanying the plan that creates the lot.\n(sec.173-ssec.2) If— a community development lot is subdivided by a building units or group titles plan; or a community stratum lot is subdivided by a building units plan; the body corporate created— becomes a member of the community body corporate; and has the same voting entitlement as the previous proprietor of the subdivided lot.\n(sec.173-ssec.3) If a community development lot is subdivided by a precinct plan under section 86 , the precinct body corporate created— becomes a member of the community body corporate; and has the same voting entitlement as the previous proprietor of the subdivided lot.\n(sec.173-ssec.4) Each proprietor of a precinct development lot, balance precinct development lot or precinct stratum lot— is a member of the precinct body corporate; and has the voting entitlement set out in the schedule accompanying the plan that creates the lot.\n(sec.173-ssec.5) If— a precinct development lot or balance precinct development lot is subdivided by a building units or group titles plan; or a precinct stratum lot is subdivided by a building units plan; the body corporate created— becomes a member of the precinct body corporate; and has the same voting entitlement as the previous proprietor of the subdivided lot.\n- (a) a member of the community body corporate; and\n- (b) has the voting entitlement set out in the schedule accompanying the plan that creates the lot.\n- (a) a community development lot is subdivided by a building units or group titles plan; or\n- (b) a community stratum lot is subdivided by a building units plan;\n- (c) becomes a member of the community body corporate; and\n- (d) has the same voting entitlement as the previous proprietor of the subdivided lot.\n- (a) becomes a member of the community body corporate; and\n- (b) has the same voting entitlement as the previous proprietor of the subdivided lot.\n- (a) is a member of the precinct body corporate; and\n- (b) has the voting entitlement set out in the schedule accompanying the plan that creates the lot.\n- (a) a precinct development lot or balance precinct development lot is subdivided by a building units or group titles plan; or\n- (b) a precinct stratum lot is subdivided by a building units plan;\n- (c) becomes a member of the precinct body corporate; and\n- (d) has the same voting entitlement as the previous proprietor of the subdivided lot.","sortOrder":218},{"sectionNumber":"sec.174","sectionType":"section","heading":"Levies by bodies corporate on members","content":"### sec.174 Levies by bodies corporate on members\n\nA body corporate may levy—\nthe contributions determined by it under section 177 (1) (i) ; and\nany amount determined under section 177 (2) in relation to the contributions;\nby giving its members written notice of the contributions payable by them.\nContributions must be levied, and are payable by the members of the body corporate, in shares proportional to their voting entitlements at the time the contributions are levied.\nIf a contribution is outstanding when a person becomes a member of the body corporate, the member is liable for the contribution jointly and severally with the member who previously owed it.\nA contribution—\nis payable to the body corporate in accordance with its decision to make the levy; and\nif paid within 30 days from the day on which it becomes payable—is to be reduced by the part of the contribution attributable to any amount determined under section 177 (2) ; and\nmay be recovered as a debt by the body corporate in a court of competent jurisdiction; and\nmust be paid to the body corporate as a monetary amount.\nThis section does not prevent the body corporate determining, in general meeting (either generally or in a particular case), that a contribution may be reduced under subsection (4) (b) even if the contribution is not paid within the time mentioned in the subsection.\nDespite subsection (4) (d) , a contribution levied by a body corporate on a member is taken to be paid in full or part if it is satisfied in full or part by an offset arrangement between the body corporate and the member.\nSubsection (6) applies only if—\nthe terms of the offset arrangement were approved by resolution of the body corporate at a general meeting before the arrangement was completed; and\nthe fair value of land, goods or services provided as an offset under the offset arrangement equals the value of the contribution sought to be satisfied in full or part by the offset arrangement.\nNeither the member nor an associate of the member is entitled to vote on the motion for the resolution mentioned in subsection (7) (a) .\ns 174 amd 2022 No. 28 s 36\n(sec.174-ssec.1) A body corporate may levy— the contributions determined by it under section 177 (1) (i) ; and any amount determined under section 177 (2) in relation to the contributions; by giving its members written notice of the contributions payable by them.\n(sec.174-ssec.2) Contributions must be levied, and are payable by the members of the body corporate, in shares proportional to their voting entitlements at the time the contributions are levied.\n(sec.174-ssec.3) If a contribution is outstanding when a person becomes a member of the body corporate, the member is liable for the contribution jointly and severally with the member who previously owed it.\n(sec.174-ssec.4) A contribution— is payable to the body corporate in accordance with its decision to make the levy; and if paid within 30 days from the day on which it becomes payable—is to be reduced by the part of the contribution attributable to any amount determined under section 177 (2) ; and may be recovered as a debt by the body corporate in a court of competent jurisdiction; and must be paid to the body corporate as a monetary amount.\n(sec.174-ssec.5) This section does not prevent the body corporate determining, in general meeting (either generally or in a particular case), that a contribution may be reduced under subsection (4) (b) even if the contribution is not paid within the time mentioned in the subsection.\n(sec.174-ssec.6) Despite subsection (4) (d) , a contribution levied by a body corporate on a member is taken to be paid in full or part if it is satisfied in full or part by an offset arrangement between the body corporate and the member.\n(sec.174-ssec.7) Subsection (6) applies only if— the terms of the offset arrangement were approved by resolution of the body corporate at a general meeting before the arrangement was completed; and the fair value of land, goods or services provided as an offset under the offset arrangement equals the value of the contribution sought to be satisfied in full or part by the offset arrangement.\n(sec.174-ssec.8) Neither the member nor an associate of the member is entitled to vote on the motion for the resolution mentioned in subsection (7) (a) .\n- (a) the contributions determined by it under section 177 (1) (i) ; and\n- (b) any amount determined under section 177 (2) in relation to the contributions;\n- (a) is payable to the body corporate in accordance with its decision to make the levy; and\n- (b) if paid within 30 days from the day on which it becomes payable—is to be reduced by the part of the contribution attributable to any amount determined under section 177 (2) ; and\n- (c) may be recovered as a debt by the body corporate in a court of competent jurisdiction; and\n- (d) must be paid to the body corporate as a monetary amount.\n- (a) the terms of the offset arrangement were approved by resolution of the body corporate at a general meeting before the arrangement was completed; and\n- (b) the fair value of land, goods or services provided as an offset under the offset arrangement equals the value of the contribution sought to be satisfied in full or part by the offset arrangement.","sortOrder":219},{"sectionNumber":"sec.175","sectionType":"section","heading":"Power of entry","content":"### sec.175 Power of entry\n\nFor the purpose of carrying out—\nany work required to be carried out by a body corporate by a notice served on it by a local government, the State, the Commonwealth or the provider of a public utility service; or\nany work necessary under section 177 (1) (b) ;\nthe body corporate may, by its employees and agents, enter any part of a lot.\nThe entry may be made—\nin the case of an emergency—at any time; or\nin any other case—at any reasonable time on reasonable notice (not less than 7 days) given to each occupier of a lot likely to be affected by the work.\nA person must not obstruct or hinder the body corporate in the exercise of its power under subsection (1) .\nMaximum penalty for subsection (3) —50 penalty units.\ns 175 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.175-ssec.1) For the purpose of carrying out— any work required to be carried out by a body corporate by a notice served on it by a local government, the State, the Commonwealth or the provider of a public utility service; or any work necessary under section 177 (1) (b) ; the body corporate may, by its employees and agents, enter any part of a lot.\n(sec.175-ssec.2) The entry may be made— in the case of an emergency—at any time; or in any other case—at any reasonable time on reasonable notice (not less than 7 days) given to each occupier of a lot likely to be affected by the work.\n(sec.175-ssec.3) A person must not obstruct or hinder the body corporate in the exercise of its power under subsection (1) . Maximum penalty for subsection (3) —50 penalty units.\n- (a) any work required to be carried out by a body corporate by a notice served on it by a local government, the State, the Commonwealth or the provider of a public utility service; or\n- (b) any work necessary under section 177 (1) (b) ;\n- (a) in the case of an emergency—at any time; or\n- (b) in any other case—at any reasonable time on reasonable notice (not less than 7 days) given to each occupier of a lot likely to be affected by the work.","sortOrder":220},{"sectionNumber":"sec.176","sectionType":"section","heading":"Miscellaneous powers of bodies corporate","content":"### sec.176 Miscellaneous powers of bodies corporate\n\nA body corporate may—\ninvest amounts held by it in—\na way permitted by law for the investment of trust funds; or\nan investment prescribed by regulation; and\nborrow amounts, and secure the repayment of amounts and the payment of any interest in a way that is agreed between the body corporate and the lender; and\nenter into an agreement for the provision of amenities or services by it or another person to—\na lot; or\nthe proprietor or occupier of a lot; or\na parcel comprised in a building units or a group titles plan; and\nif the body corporate is a community body corporate—enter into an agreement with a precinct body corporate for the provision of amenities or services by the community body corporate or another person to—\na lot within a staged use precinct; or\nthe proprietor or occupier of a lot within a staged use precinct; or\na parcel comprised in a building units or a group titles plan; and\nacquire and hold any personal property to facilitate the carrying out of its functions.\n- (a) invest amounts held by it in— (i) a way permitted by law for the investment of trust funds; or (ii) an investment prescribed by regulation; and\n- (i) a way permitted by law for the investment of trust funds; or\n- (ii) an investment prescribed by regulation; and\n- (b) borrow amounts, and secure the repayment of amounts and the payment of any interest in a way that is agreed between the body corporate and the lender; and\n- (c) enter into an agreement for the provision of amenities or services by it or another person to— (i) a lot; or (ii) the proprietor or occupier of a lot; or (iii) a parcel comprised in a building units or a group titles plan; and\n- (i) a lot; or\n- (ii) the proprietor or occupier of a lot; or\n- (iii) a parcel comprised in a building units or a group titles plan; and\n- (d) if the body corporate is a community body corporate—enter into an agreement with a precinct body corporate for the provision of amenities or services by the community body corporate or another person to— (i) a lot within a staged use precinct; or (ii) the proprietor or occupier of a lot within a staged use precinct; or (iii) a parcel comprised in a building units or a group titles plan; and\n- (i) a lot within a staged use precinct; or\n- (ii) the proprietor or occupier of a lot within a staged use precinct; or\n- (iii) a parcel comprised in a building units or a group titles plan; and\n- (e) acquire and hold any personal property to facilitate the carrying out of its functions.\n- (i) a way permitted by law for the investment of trust funds; or\n- (ii) an investment prescribed by regulation; and\n- (i) a lot; or\n- (ii) the proprietor or occupier of a lot; or\n- (iii) a parcel comprised in a building units or a group titles plan; and\n- (i) a lot within a staged use precinct; or\n- (ii) the proprietor or occupier of a lot within a staged use precinct; or\n- (iii) a parcel comprised in a building units or a group titles plan; and","sortOrder":221},{"sectionNumber":"sec.177","sectionType":"section","heading":"Duties of bodies corporate","content":"### sec.177 Duties of bodies corporate\n\nA body corporate must—\ncontrol, manage and administer for the benefit of its members—\nthe community property or the precinct property held by it; and\nany road, wharf or land leased by it under section 164 ; and\nproperly maintain and keep in a state of good and serviceable repair—\nthe community property or the precinct property held by it, including any improvements on the community property or the precinct property; and\nany personal property vested in it; and\nany road, wharf or land leased by the body corporate under section 164 and any improvements on the road, wharf or land; and\narrange for insurance under section 182 ; and\nkeep proper records of—\nnotices given to the body corporate under this or another Act; and\norders made by a court and served on the body corporate; and\nkeep—\nfor at least 10 years after their creation or receipt by or for the body corporate—\nfull and accurate minutes of its meetings, including particulars of motions passed at the meetings; and\nproper books of account for amounts received or paid by the body corporate, showing the items for which the amounts were received or paid; and\nfor at least 2 years after their creation or receipt by or for the body corporate—voting tally sheets or other records showing votes for motions and election ballots related to its meetings; and\nprepare, from the books mentioned in paragraph (e) , a proper statement of accounts of the body corporate in relation to each period—\nstarting on the day of its incorporation or the day up to which the last statement was prepared; and\nending on a day not earlier than 2 months before the next annual general meeting; and\ngive a copy of the minutes of each of its meetings to each member of the body corporate and mortgagee of a lot within 21 days after the meeting is held; and\nconvene an annual general meeting each year on or after the anniversary of the first annual general meeting, but not later than 2 months after the anniversary; and\nnot later than 14 days after its incorporation and whenever necessary after that, determine the amounts necessary in its opinion to be raised by way of contributions—\nfor the purpose of meeting its actual or expected liabilities incurred or to be incurred under paragraph (b) ; or\nfor the payment of insurance premiums, rates or any other liability of the body corporate (other than amounts referred to in paragraph (m) ); and\non first determining the amounts mentioned in paragraph (i) , establish a fund—\ninto which must be paid all amounts received by it (including the proceeds of the sale or other disposal of any personal property of the body corporate and any fees received by it under section 180 ); and\ninto which may be paid any amounts paid to the body corporate by way of discharge of insurance claims; and\nlevy under section 174 , on each person liable, a contribution to raise the amounts mentioned in paragraph (i) ; and\npay any amounts mentioned in paragraph (j) that are received by it and are not otherwise invested under section 176 (a) into an account established in a financial institution in the name of the body corporate; and\nif the body corporate—\nbecomes liable to pay an amount that it is unable to pay immediately; and\nis not required under paragraph (k) to levy contributions to meet the liability;\nlevy contributions under section 174 to raise the amount; and\nif the body corporate has entered into an agreement under section 176 (c) or (d) for the provision, by it or another person, of an amenity or service that is an essential utility service—take all reasonable steps to ensure continuity of the amenity or service; and\ncarrying out repairs to an amenity or service\nensuring that a service contractor carries out repairs to an amenity or service\nimplement the decisions of the body corporate.\nFor the purposes of section 174 , the body corporate may, in relation to contributions mentioned in subsection (1) (i) or (m) , determine by comprehensive resolution an amount that is not greater than 10% of the contributions.\nThe body corporate may disburse amounts from its fund only for the purpose of—\ncarrying out its powers and functions under this Act or its by-laws; or\nmeeting a liability mentioned in subsection (1) (m) .\nA determination made by the body corporate under subsection (1) (i) may specify that the amounts concerned are to be raised by specified regular periodic contributions.\nIf the body corporate fails to convene an annual general meeting within the period required by subsection (1) (h) , the next general meeting held after the expiry of the period is to be the annual general meeting of the body corporate.\nSubsection (1) (g) does not apply in relation to a person who—\nhas given the secretary of the body corporate a written notice instructing the secretary that the person does not wish to be given copies of the minutes; and\nhas not withdrawn the instruction.\nIn this section—\nessential utility service means the provision of sewerage services, electricity, gas or water.\ns 177 amd 1993 No. 80 s 10 ; 1997 No. 17 s 74 sch ; 2011 No. 27 s 297 ; 2022 No. 28 s 37\n(sec.177-ssec.1) A body corporate must— control, manage and administer for the benefit of its members— the community property or the precinct property held by it; and any road, wharf or land leased by it under section 164 ; and properly maintain and keep in a state of good and serviceable repair— the community property or the precinct property held by it, including any improvements on the community property or the precinct property; and any personal property vested in it; and any road, wharf or land leased by the body corporate under section 164 and any improvements on the road, wharf or land; and arrange for insurance under section 182 ; and keep proper records of— notices given to the body corporate under this or another Act; and orders made by a court and served on the body corporate; and keep— for at least 10 years after their creation or receipt by or for the body corporate— full and accurate minutes of its meetings, including particulars of motions passed at the meetings; and proper books of account for amounts received or paid by the body corporate, showing the items for which the amounts were received or paid; and for at least 2 years after their creation or receipt by or for the body corporate—voting tally sheets or other records showing votes for motions and election ballots related to its meetings; and prepare, from the books mentioned in paragraph (e) , a proper statement of accounts of the body corporate in relation to each period— starting on the day of its incorporation or the day up to which the last statement was prepared; and ending on a day not earlier than 2 months before the next annual general meeting; and give a copy of the minutes of each of its meetings to each member of the body corporate and mortgagee of a lot within 21 days after the meeting is held; and convene an annual general meeting each year on or after the anniversary of the first annual general meeting, but not later than 2 months after the anniversary; and not later than 14 days after its incorporation and whenever necessary after that, determine the amounts necessary in its opinion to be raised by way of contributions— for the purpose of meeting its actual or expected liabilities incurred or to be incurred under paragraph (b) ; or for the payment of insurance premiums, rates or any other liability of the body corporate (other than amounts referred to in paragraph (m) ); and on first determining the amounts mentioned in paragraph (i) , establish a fund— into which must be paid all amounts received by it (including the proceeds of the sale or other disposal of any personal property of the body corporate and any fees received by it under section 180 ); and into which may be paid any amounts paid to the body corporate by way of discharge of insurance claims; and levy under section 174 , on each person liable, a contribution to raise the amounts mentioned in paragraph (i) ; and pay any amounts mentioned in paragraph (j) that are received by it and are not otherwise invested under section 176 (a) into an account established in a financial institution in the name of the body corporate; and if the body corporate— becomes liable to pay an amount that it is unable to pay immediately; and is not required under paragraph (k) to levy contributions to meet the liability; levy contributions under section 174 to raise the amount; and if the body corporate has entered into an agreement under section 176 (c) or (d) for the provision, by it or another person, of an amenity or service that is an essential utility service—take all reasonable steps to ensure continuity of the amenity or service; and carrying out repairs to an amenity or service ensuring that a service contractor carries out repairs to an amenity or service implement the decisions of the body corporate.\n(sec.177-ssec.2) For the purposes of section 174 , the body corporate may, in relation to contributions mentioned in subsection (1) (i) or (m) , determine by comprehensive resolution an amount that is not greater than 10% of the contributions.\n(sec.177-ssec.3) The body corporate may disburse amounts from its fund only for the purpose of— carrying out its powers and functions under this Act or its by-laws; or meeting a liability mentioned in subsection (1) (m) .\n(sec.177-ssec.4) A determination made by the body corporate under subsection (1) (i) may specify that the amounts concerned are to be raised by specified regular periodic contributions.\n(sec.177-ssec.5) If the body corporate fails to convene an annual general meeting within the period required by subsection (1) (h) , the next general meeting held after the expiry of the period is to be the annual general meeting of the body corporate.\n(sec.177-ssec.6) Subsection (1) (g) does not apply in relation to a person who— has given the secretary of the body corporate a written notice instructing the secretary that the person does not wish to be given copies of the minutes; and has not withdrawn the instruction.\n(sec.177-ssec.7) In this section— essential utility service means the provision of sewerage services, electricity, gas or water.\n- (a) control, manage and administer for the benefit of its members— (i) the community property or the precinct property held by it; and (ii) any road, wharf or land leased by it under section 164 ; and\n- (i) the community property or the precinct property held by it; and\n- (ii) any road, wharf or land leased by it under section 164 ; and\n- (b) properly maintain and keep in a state of good and serviceable repair— (i) the community property or the precinct property held by it, including any improvements on the community property or the precinct property; and (ii) any personal property vested in it; and (iii) any road, wharf or land leased by the body corporate under section 164 and any improvements on the road, wharf or land; and\n- (i) the community property or the precinct property held by it, including any improvements on the community property or the precinct property; and\n- (ii) any personal property vested in it; and\n- (iii) any road, wharf or land leased by the body corporate under section 164 and any improvements on the road, wharf or land; and\n- (c) arrange for insurance under section 182 ; and\n- (d) keep proper records of— (i) notices given to the body corporate under this or another Act; and (ii) orders made by a court and served on the body corporate; and\n- (i) notices given to the body corporate under this or another Act; and\n- (ii) orders made by a court and served on the body corporate; and\n- (e) keep— (i) for at least 10 years after their creation or receipt by or for the body corporate— (A) full and accurate minutes of its meetings, including particulars of motions passed at the meetings; and (B) proper books of account for amounts received or paid by the body corporate, showing the items for which the amounts were received or paid; and (ii) for at least 2 years after their creation or receipt by or for the body corporate—voting tally sheets or other records showing votes for motions and election ballots related to its meetings; and\n- (i) for at least 10 years after their creation or receipt by or for the body corporate— (A) full and accurate minutes of its meetings, including particulars of motions passed at the meetings; and (B) proper books of account for amounts received or paid by the body corporate, showing the items for which the amounts were received or paid; and\n- (A) full and accurate minutes of its meetings, including particulars of motions passed at the meetings; and\n- (B) proper books of account for amounts received or paid by the body corporate, showing the items for which the amounts were received or paid; and\n- (ii) for at least 2 years after their creation or receipt by or for the body corporate—voting tally sheets or other records showing votes for motions and election ballots related to its meetings; and\n- (f) prepare, from the books mentioned in paragraph (e) , a proper statement of accounts of the body corporate in relation to each period— (i) starting on the day of its incorporation or the day up to which the last statement was prepared; and (ii) ending on a day not earlier than 2 months before the next annual general meeting; and\n- (i) starting on the day of its incorporation or the day up to which the last statement was prepared; and\n- (ii) ending on a day not earlier than 2 months before the next annual general meeting; and\n- (g) give a copy of the minutes of each of its meetings to each member of the body corporate and mortgagee of a lot within 21 days after the meeting is held; and\n- (h) convene an annual general meeting each year on or after the anniversary of the first annual general meeting, but not later than 2 months after the anniversary; and\n- (i) not later than 14 days after its incorporation and whenever necessary after that, determine the amounts necessary in its opinion to be raised by way of contributions— (i) for the purpose of meeting its actual or expected liabilities incurred or to be incurred under paragraph (b) ; or (ii) for the payment of insurance premiums, rates or any other liability of the body corporate (other than amounts referred to in paragraph (m) ); and\n- (i) for the purpose of meeting its actual or expected liabilities incurred or to be incurred under paragraph (b) ; or\n- (ii) for the payment of insurance premiums, rates or any other liability of the body corporate (other than amounts referred to in paragraph (m) ); and\n- (j) on first determining the amounts mentioned in paragraph (i) , establish a fund— (i) into which must be paid all amounts received by it (including the proceeds of the sale or other disposal of any personal property of the body corporate and any fees received by it under section 180 ); and (ii) into which may be paid any amounts paid to the body corporate by way of discharge of insurance claims; and\n- (i) into which must be paid all amounts received by it (including the proceeds of the sale or other disposal of any personal property of the body corporate and any fees received by it under section 180 ); and\n- (ii) into which may be paid any amounts paid to the body corporate by way of discharge of insurance claims; and\n- (k) levy under section 174 , on each person liable, a contribution to raise the amounts mentioned in paragraph (i) ; and\n- (l) pay any amounts mentioned in paragraph (j) that are received by it and are not otherwise invested under section 176 (a) into an account established in a financial institution in the name of the body corporate; and\n- (m) if the body corporate— (i) becomes liable to pay an amount that it is unable to pay immediately; and (ii) is not required under paragraph (k) to levy contributions to meet the liability; levy contributions under section 174 to raise the amount; and\n- (i) becomes liable to pay an amount that it is unable to pay immediately; and\n- (ii) is not required under paragraph (k) to levy contributions to meet the liability;\n- (n) if the body corporate has entered into an agreement under section 176 (c) or (d) for the provision, by it or another person, of an amenity or service that is an essential utility service—take all reasonable steps to ensure continuity of the amenity or service; and Examples of taking reasonable steps to ensure continuity of an amenity or service— • carrying out repairs to an amenity or service • ensuring that a service contractor carries out repairs to an amenity or service\n- • carrying out repairs to an amenity or service\n- • ensuring that a service contractor carries out repairs to an amenity or service\n- (o) implement the decisions of the body corporate.\n- (i) the community property or the precinct property held by it; and\n- (ii) any road, wharf or land leased by it under section 164 ; and\n- (i) the community property or the precinct property held by it, including any improvements on the community property or the precinct property; and\n- (ii) any personal property vested in it; and\n- (iii) any road, wharf or land leased by the body corporate under section 164 and any improvements on the road, wharf or land; and\n- (i) notices given to the body corporate under this or another Act; and\n- (ii) orders made by a court and served on the body corporate; and\n- (i) for at least 10 years after their creation or receipt by or for the body corporate— (A) full and accurate minutes of its meetings, including particulars of motions passed at the meetings; and (B) proper books of account for amounts received or paid by the body corporate, showing the items for which the amounts were received or paid; and\n- (A) full and accurate minutes of its meetings, including particulars of motions passed at the meetings; and\n- (B) proper books of account for amounts received or paid by the body corporate, showing the items for which the amounts were received or paid; and\n- (ii) for at least 2 years after their creation or receipt by or for the body corporate—voting tally sheets or other records showing votes for motions and election ballots related to its meetings; and\n- (A) full and accurate minutes of its meetings, including particulars of motions passed at the meetings; and\n- (B) proper books of account for amounts received or paid by the body corporate, showing the items for which the amounts were received or paid; and\n- (i) starting on the day of its incorporation or the day up to which the last statement was prepared; and\n- (ii) ending on a day not earlier than 2 months before the next annual general meeting; and\n- (i) for the purpose of meeting its actual or expected liabilities incurred or to be incurred under paragraph (b) ; or\n- (ii) for the payment of insurance premiums, rates or any other liability of the body corporate (other than amounts referred to in paragraph (m) ); and\n- (i) into which must be paid all amounts received by it (including the proceeds of the sale or other disposal of any personal property of the body corporate and any fees received by it under section 180 ); and\n- (ii) into which may be paid any amounts paid to the body corporate by way of discharge of insurance claims; and\n- (i) becomes liable to pay an amount that it is unable to pay immediately; and\n- (ii) is not required under paragraph (k) to levy contributions to meet the liability;\n- • carrying out repairs to an amenity or service\n- • ensuring that a service contractor carries out repairs to an amenity or service\n- (a) carrying out its powers and functions under this Act or its by-laws; or\n- (b) meeting a liability mentioned in subsection (1) (m) .\n- (a) has given the secretary of the body corporate a written notice instructing the secretary that the person does not wish to be given copies of the minutes; and\n- (b) has not withdrawn the instruction.","sortOrder":222},{"sectionNumber":"sec.178","sectionType":"section","heading":"Body corporate rolls","content":"### sec.178 Body corporate rolls\n\nA body corporate must prepare and maintain a body corporate roll.\nThe body corporate must record in the body corporate roll the following information—\nthe voting entitlement of each member of the body corporate;\nthe total of the voting entitlements of all members of the body corporate;\nthe name and address for service of each member of the body corporate;\nthe name and address of any person appointed (by written notice addressed to the body corporate) by a member of the body corporate to represent the member at meetings of the body corporate.\nThe body corporate must record and maintain in the body corporate roll a copy of its by-laws in force for the time being.\n(sec.178-ssec.1) A body corporate must prepare and maintain a body corporate roll.\n(sec.178-ssec.2) The body corporate must record in the body corporate roll the following information— the voting entitlement of each member of the body corporate; the total of the voting entitlements of all members of the body corporate; the name and address for service of each member of the body corporate; the name and address of any person appointed (by written notice addressed to the body corporate) by a member of the body corporate to represent the member at meetings of the body corporate.\n(sec.178-ssec.3) The body corporate must record and maintain in the body corporate roll a copy of its by-laws in force for the time being.\n- (a) the voting entitlement of each member of the body corporate;\n- (b) the total of the voting entitlements of all members of the body corporate;\n- (c) the name and address for service of each member of the body corporate;\n- (d) the name and address of any person appointed (by written notice addressed to the body corporate) by a member of the body corporate to represent the member at meetings of the body corporate.","sortOrder":223},{"sectionNumber":"sec.179","sectionType":"section","heading":"Notices to be given by members","content":"### sec.179 Notices to be given by members\n\nThe original applicant must give to the community body corporate a written notice specifying the original applicant’s name in full and address for service.\nMaximum penalty—4 penalty units\nThe transferor of a community development lot, precinct development lot or balance precinct development lot must give to the body corporate written notice within 7 days after delivery to the transferee of the instrument of transfer in a form capable of immediate registration.\nMaximum penalty—4 penalty units.\nThe notice must—\nidentify the lot; and\nspecify the transferee’s name in full and an address for service; and\nspecify an address for service for the transferor; and\nspecify the day on which the instrument of transfer was delivered to the transferee; and\ncontain a confirmation by the transferee that the information contained in the notice is accurate.\nIf the transferor fails to comply with subsection (2) , the transferee may give to the body corporate a written notice that—\nidentifies the lot; and\nspecifies the transferee’s name in full and an address for service; and\nspecifies the day on which the instrument was delivered to the transferee.\nIf a person becomes entitled (otherwise than as transferee) to be registered under the Real Property Acts as the proprietor of a lot within the site, the person must give to the body corporate written notice of the entitlement within 7 days of becoming entitled.\nThe notice must—\nbe in the form of a statutory declaration; and\nidentify the lot; and\nspecify the person’s name in full and an address for service; and\nspecify by what right the person became entitled to be registered as the proprietor of the lot; and\nspecify the day on which the person became entitled to be registered.\nIf—\na community development lot, precinct development lot or balance precinct development lot is subdivided by a building units or group titles plan; or\na community stratum lot or a precinct stratum lot is subdivided by a building units plan;\nthe corporation created must notify the body corporate of—\nits name; and\nits address for service; and\nthe date it became a corporation.\nIf a person has given written notice under this section of an address for service and the address is no longer appropriate, the person must give written notice to the body corporate of a new address for service.\nIf—\na body corporate believes that a person was required to give notice to it under another provision of this section; and\nthe body corporate has not received the notice;\nthe body corporate may serve a notice on the person under this subsection.\nThe notice must—\nspecify the capacity in which the body corporate believes the person was required to give the notice under this section; and\nrequire the person to state within 14 days whether or not the person was required to give the notice in the capacity; and\nif the person was required to give the notice—require the person to give the notice even though the time for giving the notice has expired.\nA person on whom a notice under subsection (9) is served is not entitled to cast a vote at a meeting of the body corporate until the person gives effect to the requirements of the notice.\n(sec.179-ssec.1) The original applicant must give to the community body corporate a written notice specifying the original applicant’s name in full and address for service. Maximum penalty—4 penalty units\n(sec.179-ssec.2) The transferor of a community development lot, precinct development lot or balance precinct development lot must give to the body corporate written notice within 7 days after delivery to the transferee of the instrument of transfer in a form capable of immediate registration. Maximum penalty—4 penalty units.\n(sec.179-ssec.3) The notice must— identify the lot; and specify the transferee’s name in full and an address for service; and specify an address for service for the transferor; and specify the day on which the instrument of transfer was delivered to the transferee; and contain a confirmation by the transferee that the information contained in the notice is accurate.\n(sec.179-ssec.4) If the transferor fails to comply with subsection (2) , the transferee may give to the body corporate a written notice that— identifies the lot; and specifies the transferee’s name in full and an address for service; and specifies the day on which the instrument was delivered to the transferee.\n(sec.179-ssec.5) If a person becomes entitled (otherwise than as transferee) to be registered under the Real Property Acts as the proprietor of a lot within the site, the person must give to the body corporate written notice of the entitlement within 7 days of becoming entitled.\n(sec.179-ssec.6) The notice must— be in the form of a statutory declaration; and identify the lot; and specify the person’s name in full and an address for service; and specify by what right the person became entitled to be registered as the proprietor of the lot; and specify the day on which the person became entitled to be registered.\n(sec.179-ssec.7) If— a community development lot, precinct development lot or balance precinct development lot is subdivided by a building units or group titles plan; or a community stratum lot or a precinct stratum lot is subdivided by a building units plan; the corporation created must notify the body corporate of— its name; and its address for service; and the date it became a corporation.\n(sec.179-ssec.8) If a person has given written notice under this section of an address for service and the address is no longer appropriate, the person must give written notice to the body corporate of a new address for service.\n(sec.179-ssec.9) If— a body corporate believes that a person was required to give notice to it under another provision of this section; and the body corporate has not received the notice; the body corporate may serve a notice on the person under this subsection.\n(sec.179-ssec.10) The notice must— specify the capacity in which the body corporate believes the person was required to give the notice under this section; and require the person to state within 14 days whether or not the person was required to give the notice in the capacity; and if the person was required to give the notice—require the person to give the notice even though the time for giving the notice has expired.\n(sec.179-ssec.11) A person on whom a notice under subsection (9) is served is not entitled to cast a vote at a meeting of the body corporate until the person gives effect to the requirements of the notice.\n- (a) identify the lot; and\n- (b) specify the transferee’s name in full and an address for service; and\n- (c) specify an address for service for the transferor; and\n- (d) specify the day on which the instrument of transfer was delivered to the transferee; and\n- (e) contain a confirmation by the transferee that the information contained in the notice is accurate.\n- (a) identifies the lot; and\n- (b) specifies the transferee’s name in full and an address for service; and\n- (c) specifies the day on which the instrument was delivered to the transferee.\n- (a) be in the form of a statutory declaration; and\n- (b) identify the lot; and\n- (c) specify the person’s name in full and an address for service; and\n- (d) specify by what right the person became entitled to be registered as the proprietor of the lot; and\n- (e) specify the day on which the person became entitled to be registered.\n- (a) a community development lot, precinct development lot or balance precinct development lot is subdivided by a building units or group titles plan; or\n- (b) a community stratum lot or a precinct stratum lot is subdivided by a building units plan;\n- (c) its name; and\n- (d) its address for service; and\n- (e) the date it became a corporation.\n- (a) a body corporate believes that a person was required to give notice to it under another provision of this section; and\n- (b) the body corporate has not received the notice;\n- (a) specify the capacity in which the body corporate believes the person was required to give the notice under this section; and\n- (b) require the person to state within 14 days whether or not the person was required to give the notice in the capacity; and\n- (c) if the person was required to give the notice—require the person to give the notice even though the time for giving the notice has expired.","sortOrder":224},{"sectionNumber":"sec.180","sectionType":"section","heading":"Applications for supply of information etc. by bodies corporate","content":"### sec.180 Applications for supply of information etc. by bodies corporate\n\nIf—\na written application is made to a body corporate requesting it to do any 1 or more of the things specified in section 181 ; and\nthe application is made by a person who is entitled, under subsection (2) or (3) , to make the application; and\nthe applicant pays to the body corporate the reasonable fee determined by it;\nthe body corporate must comply with the request.\nAn application to a community body corporate may be made only by—\na member of the community body corporate; or\na member of a precinct body corporate; or\na proprietor of a lot on—\na group titles plan; or\na building units plan; or\na person authorised in writing by the member or proprietor.\nAn application to a precinct body corporate may be made only by—\na member of the precinct body corporate; or\na member of a corporation that is—\nconstituted by the registration of a group titles or building units plan; and\na member of the precinct body corporate; or\na person authorised in writing by the member.\n(sec.180-ssec.1) If— a written application is made to a body corporate requesting it to do any 1 or more of the things specified in section 181 ; and the application is made by a person who is entitled, under subsection (2) or (3) , to make the application; and the applicant pays to the body corporate the reasonable fee determined by it; the body corporate must comply with the request.\n(sec.180-ssec.2) An application to a community body corporate may be made only by— a member of the community body corporate; or a member of a precinct body corporate; or a proprietor of a lot on— a group titles plan; or a building units plan; or a person authorised in writing by the member or proprietor.\n(sec.180-ssec.3) An application to a precinct body corporate may be made only by— a member of the precinct body corporate; or a member of a corporation that is— constituted by the registration of a group titles or building units plan; and a member of the precinct body corporate; or a person authorised in writing by the member.\n- (a) a written application is made to a body corporate requesting it to do any 1 or more of the things specified in section 181 ; and\n- (b) the application is made by a person who is entitled, under subsection (2) or (3) , to make the application; and\n- (c) the applicant pays to the body corporate the reasonable fee determined by it;\n- (a) a member of the community body corporate; or\n- (b) a member of a precinct body corporate; or\n- (c) a proprietor of a lot on— (i) a group titles plan; or (ii) a building units plan; or\n- (i) a group titles plan; or\n- (ii) a building units plan; or\n- (d) a person authorised in writing by the member or proprietor.\n- (i) a group titles plan; or\n- (ii) a building units plan; or\n- (a) a member of the precinct body corporate; or\n- (b) a member of a corporation that is— (i) constituted by the registration of a group titles or building units plan; and (ii) a member of the precinct body corporate; or\n- (i) constituted by the registration of a group titles or building units plan; and\n- (ii) a member of the precinct body corporate; or\n- (c) a person authorised in writing by the member.\n- (i) constituted by the registration of a group titles or building units plan; and\n- (ii) a member of the precinct body corporate; or","sortOrder":225},{"sectionNumber":"sec.181","sectionType":"section","heading":"Supply of information etc. by bodies corporate","content":"### sec.181 Supply of information etc. by bodies corporate\n\nA body corporate may be requested, by an application under section 180 , to do any of the following things—\ninform the applicant or the applicant’s agent of the name and address of each person who is—\nthe chairperson, secretary or treasurer of the body corporate; or\na member of the executive committee;\nwithin 21 days after the application is received by the body corporate;\nmake available for inspection by the applicant or the applicant’s agent—\nits body corporate roll; or\nthe notices and orders mentioned in section 177 (1) (d) ; or\nthe plans, specifications, drawings (showing water pipes, electric cables and drainage), certificates, diagrams and other documents held by it relating to the community property or any precinct property; or\nthe minutes of general meetings of the body corporate and meetings of the executive committee; or\nthe books of account of the body corporate; or\na copy of the statement of accounts of the body corporate last prepared by it under section 177 (1) (f) ; or\neach current insurance policy of the body corporate and the receipt for the premium last paid in relation to the policy; or\nany other document in the custody or under the control of the body corporate; or\nits by-laws in force for the time being;\ncertify, as at the date of the certificate, in relation to particular land—\nthe amount of any regular periodic contributions determined by the body corporate under section 177 (1) (i) and (2) and the periods in relation to which the contributions are payable; or\nwhether any contribution determined under section 177 (1) (i) is unpaid and, if so, the amount unpaid and the date on which it was levied; or\nwhether any contribution levied under section 177 (1) (m) is unpaid and, if so, the amount unpaid and the date on which it was levied; or\nwhether any contribution levied under section 193 is unpaid and, if so, the amount unpaid and the date on which it was levied; or\nany amount determined under section 177 (2) in relation to an unpaid contribution mentioned in this paragraph;\nand give the certificate to the applicant or the applicant’s agent within 21 days after the application is received by the body corporate;\ngive to the applicant or the applicant’s agent a copy of its by-laws, or a specified part of its by-laws, in force for the time being within 21 days after the application is received by the body corporate.\nA document mentioned in subsection (1) (b) must be made available for inspection at the time and place agreed between the applicant or the applicant’s agent and the body corporate.\nHowever, if the applicant or the applicant’s agent and the body corporate do not reach agreement for the purposes of subsection (2) within 3 days after the body corporate receives the application, the body corporate must immediately send to the applicant a written notice specifying a time at which, or a period during which, the document will be made available for inspection by the applicant or the applicant’s agent at the body corporate’s office.\nThe time or period specified in the notice must be—\nbetween 9a.m. and 8p.m; and\nnot later than 10 days after the body corporate receives the application.\nThe body corporate must permit a person to whom its by-laws are made available for inspection to make copies of or take extracts from them.\ns 181 amd 2022 No. 28 s 48 sch 1\n(sec.181-ssec.1) A body corporate may be requested, by an application under section 180 , to do any of the following things— inform the applicant or the applicant’s agent of the name and address of each person who is— the chairperson, secretary or treasurer of the body corporate; or a member of the executive committee; within 21 days after the application is received by the body corporate; make available for inspection by the applicant or the applicant’s agent— its body corporate roll; or the notices and orders mentioned in section 177 (1) (d) ; or the plans, specifications, drawings (showing water pipes, electric cables and drainage), certificates, diagrams and other documents held by it relating to the community property or any precinct property; or the minutes of general meetings of the body corporate and meetings of the executive committee; or the books of account of the body corporate; or a copy of the statement of accounts of the body corporate last prepared by it under section 177 (1) (f) ; or each current insurance policy of the body corporate and the receipt for the premium last paid in relation to the policy; or any other document in the custody or under the control of the body corporate; or its by-laws in force for the time being; certify, as at the date of the certificate, in relation to particular land— the amount of any regular periodic contributions determined by the body corporate under section 177 (1) (i) and (2) and the periods in relation to which the contributions are payable; or whether any contribution determined under section 177 (1) (i) is unpaid and, if so, the amount unpaid and the date on which it was levied; or whether any contribution levied under section 177 (1) (m) is unpaid and, if so, the amount unpaid and the date on which it was levied; or whether any contribution levied under section 193 is unpaid and, if so, the amount unpaid and the date on which it was levied; or any amount determined under section 177 (2) in relation to an unpaid contribution mentioned in this paragraph; and give the certificate to the applicant or the applicant’s agent within 21 days after the application is received by the body corporate; give to the applicant or the applicant’s agent a copy of its by-laws, or a specified part of its by-laws, in force for the time being within 21 days after the application is received by the body corporate.\n(sec.181-ssec.2) A document mentioned in subsection (1) (b) must be made available for inspection at the time and place agreed between the applicant or the applicant’s agent and the body corporate.\n(sec.181-ssec.3) However, if the applicant or the applicant’s agent and the body corporate do not reach agreement for the purposes of subsection (2) within 3 days after the body corporate receives the application, the body corporate must immediately send to the applicant a written notice specifying a time at which, or a period during which, the document will be made available for inspection by the applicant or the applicant’s agent at the body corporate’s office.\n(sec.181-ssec.4) The time or period specified in the notice must be— between 9a.m. and 8p.m; and not later than 10 days after the body corporate receives the application.\n(sec.181-ssec.5) The body corporate must permit a person to whom its by-laws are made available for inspection to make copies of or take extracts from them.\n- (a) inform the applicant or the applicant’s agent of the name and address of each person who is— (i) the chairperson, secretary or treasurer of the body corporate; or (ii) a member of the executive committee; within 21 days after the application is received by the body corporate;\n- (i) the chairperson, secretary or treasurer of the body corporate; or\n- (ii) a member of the executive committee;\n- (b) make available for inspection by the applicant or the applicant’s agent— (i) its body corporate roll; or (ii) the notices and orders mentioned in section 177 (1) (d) ; or (iii) the plans, specifications, drawings (showing water pipes, electric cables and drainage), certificates, diagrams and other documents held by it relating to the community property or any precinct property; or (iv) the minutes of general meetings of the body corporate and meetings of the executive committee; or (v) the books of account of the body corporate; or (vi) a copy of the statement of accounts of the body corporate last prepared by it under section 177 (1) (f) ; or (vii) each current insurance policy of the body corporate and the receipt for the premium last paid in relation to the policy; or (viii) any other document in the custody or under the control of the body corporate; or (ix) its by-laws in force for the time being;\n- (i) its body corporate roll; or\n- (ii) the notices and orders mentioned in section 177 (1) (d) ; or\n- (iii) the plans, specifications, drawings (showing water pipes, electric cables and drainage), certificates, diagrams and other documents held by it relating to the community property or any precinct property; or\n- (iv) the minutes of general meetings of the body corporate and meetings of the executive committee; or\n- (v) the books of account of the body corporate; or\n- (vi) a copy of the statement of accounts of the body corporate last prepared by it under section 177 (1) (f) ; or\n- (vii) each current insurance policy of the body corporate and the receipt for the premium last paid in relation to the policy; or\n- (viii) any other document in the custody or under the control of the body corporate; or\n- (ix) its by-laws in force for the time being;\n- (c) certify, as at the date of the certificate, in relation to particular land— (i) the amount of any regular periodic contributions determined by the body corporate under section 177 (1) (i) and (2) and the periods in relation to which the contributions are payable; or (ii) whether any contribution determined under section 177 (1) (i) is unpaid and, if so, the amount unpaid and the date on which it was levied; or (iii) whether any contribution levied under section 177 (1) (m) is unpaid and, if so, the amount unpaid and the date on which it was levied; or (iv) whether any contribution levied under section 193 is unpaid and, if so, the amount unpaid and the date on which it was levied; or (v) any amount determined under section 177 (2) in relation to an unpaid contribution mentioned in this paragraph; and give the certificate to the applicant or the applicant’s agent within 21 days after the application is received by the body corporate;\n- (i) the amount of any regular periodic contributions determined by the body corporate under section 177 (1) (i) and (2) and the periods in relation to which the contributions are payable; or\n- (ii) whether any contribution determined under section 177 (1) (i) is unpaid and, if so, the amount unpaid and the date on which it was levied; or\n- (iii) whether any contribution levied under section 177 (1) (m) is unpaid and, if so, the amount unpaid and the date on which it was levied; or\n- (iv) whether any contribution levied under section 193 is unpaid and, if so, the amount unpaid and the date on which it was levied; or\n- (v) any amount determined under section 177 (2) in relation to an unpaid contribution mentioned in this paragraph;\n- (d) give to the applicant or the applicant’s agent a copy of its by-laws, or a specified part of its by-laws, in force for the time being within 21 days after the application is received by the body corporate.\n- (i) the chairperson, secretary or treasurer of the body corporate; or\n- (ii) a member of the executive committee;\n- (i) its body corporate roll; or\n- (ii) the notices and orders mentioned in section 177 (1) (d) ; or\n- (iii) the plans, specifications, drawings (showing water pipes, electric cables and drainage), certificates, diagrams and other documents held by it relating to the community property or any precinct property; or\n- (iv) the minutes of general meetings of the body corporate and meetings of the executive committee; or\n- (v) the books of account of the body corporate; or\n- (vi) a copy of the statement of accounts of the body corporate last prepared by it under section 177 (1) (f) ; or\n- (vii) each current insurance policy of the body corporate and the receipt for the premium last paid in relation to the policy; or\n- (viii) any other document in the custody or under the control of the body corporate; or\n- (ix) its by-laws in force for the time being;\n- (i) the amount of any regular periodic contributions determined by the body corporate under section 177 (1) (i) and (2) and the periods in relation to which the contributions are payable; or\n- (ii) whether any contribution determined under section 177 (1) (i) is unpaid and, if so, the amount unpaid and the date on which it was levied; or\n- (iii) whether any contribution levied under section 177 (1) (m) is unpaid and, if so, the amount unpaid and the date on which it was levied; or\n- (iv) whether any contribution levied under section 193 is unpaid and, if so, the amount unpaid and the date on which it was levied; or\n- (v) any amount determined under section 177 (2) in relation to an unpaid contribution mentioned in this paragraph;\n- (a) between 9a.m. and 8p.m; and\n- (b) not later than 10 days after the body corporate receives the application.","sortOrder":226},{"sectionNumber":"sec.182","sectionType":"section","heading":"Insurance by bodies corporate","content":"### sec.182 Insurance by bodies corporate\n\nA body corporate must take out insurance—\nfor each happening against which it is required by law to insure (including any insurance required to be taken out because of the Workers’ Compensation and Rehabilitation Act 2003 ); and\nfor damage to property, death or bodily injury happening on or in relation to—\nin the case of a community body corporate—the community property; or\nin the case of a precinct body corporate—the precinct property; or\na road, wharf, or land, leased under section 164 and any improvements on the road, wharf or land; and\nagainst the possibility of the members becoming jointly liable because of a claim arising in relation to any other happening against which the body corporate decides to insure by comprehensive resolution.\nThe body corporate may also take out insurance for consequences resulting from a happening, damage or claim mentioned in subsection (1) .\nInsurance under subsection (1) (b) must be for a cover of—\nthe amount prescribed by regulation; or\nif no amount is prescribed—$10,000,000.\nThe body corporate may also insure any property in which it has an insurable interest.\ns 182 amd 1996 No. 75 s 535 sch 2 ; 2003 No. 27 s 622 sch 5\n(sec.182-ssec.1) A body corporate must take out insurance— for each happening against which it is required by law to insure (including any insurance required to be taken out because of the Workers’ Compensation and Rehabilitation Act 2003 ); and for damage to property, death or bodily injury happening on or in relation to— in the case of a community body corporate—the community property; or in the case of a precinct body corporate—the precinct property; or a road, wharf, or land, leased under section 164 and any improvements on the road, wharf or land; and against the possibility of the members becoming jointly liable because of a claim arising in relation to any other happening against which the body corporate decides to insure by comprehensive resolution.\n(sec.182-ssec.2) The body corporate may also take out insurance for consequences resulting from a happening, damage or claim mentioned in subsection (1) .\n(sec.182-ssec.3) Insurance under subsection (1) (b) must be for a cover of— the amount prescribed by regulation; or if no amount is prescribed—$10,000,000.\n(sec.182-ssec.4) The body corporate may also insure any property in which it has an insurable interest.\n- (a) for each happening against which it is required by law to insure (including any insurance required to be taken out because of the Workers’ Compensation and Rehabilitation Act 2003 ); and\n- (b) for damage to property, death or bodily injury happening on or in relation to— (i) in the case of a community body corporate—the community property; or (ii) in the case of a precinct body corporate—the precinct property; or (iii) a road, wharf, or land, leased under section 164 and any improvements on the road, wharf or land; and\n- (i) in the case of a community body corporate—the community property; or\n- (ii) in the case of a precinct body corporate—the precinct property; or\n- (iii) a road, wharf, or land, leased under section 164 and any improvements on the road, wharf or land; and\n- (c) against the possibility of the members becoming jointly liable because of a claim arising in relation to any other happening against which the body corporate decides to insure by comprehensive resolution.\n- (i) in the case of a community body corporate—the community property; or\n- (ii) in the case of a precinct body corporate—the precinct property; or\n- (iii) a road, wharf, or land, leased under section 164 and any improvements on the road, wharf or land; and\n- (a) the amount prescribed by regulation; or\n- (b) if no amount is prescribed—$10,000,000.","sortOrder":227},{"sectionNumber":"sec.183","sectionType":"section","heading":"Delegation by corporate members of bodies corporate","content":"### sec.183 Delegation by corporate members of bodies corporate\n\nA corporation that is a member of a body corporate may delegate to an individual any power conferred on the corporation under this Act as a member of the body corporate.\nSubsection (1) does not affect the requirements under section 169 for the appointment of nominees of a member that is subsidiary body corporate to represent the member, and vote on behalf of the member, at meetings of the body corporate.\ns 183 amd 2022 No. 28 s 38\n(sec.183-ssec.1) A corporation that is a member of a body corporate may delegate to an individual any power conferred on the corporation under this Act as a member of the body corporate.\n(sec.183-ssec.2) Subsection (1) does not affect the requirements under section 169 for the appointment of nominees of a member that is subsidiary body corporate to represent the member, and vote on behalf of the member, at meetings of the body corporate.","sortOrder":228},{"sectionNumber":"sec.184","sectionType":"section","heading":"Voting rights","content":"### sec.184 Voting rights\n\nA power of voting conferred under this division may be exercised—\nif the member is an infant—by the member’s guardian; or\nif the member is for any reason unable to control the member’s property—by the person who is authorised by law to control the property; or\nif the member is a corporation—by the member’s delegate.\nIf, on the application of a body corporate or a member, the Supreme Court is satisfied that—\nthere is no person able to vote in relation to a voting entitlement; or\nthe person able to vote cannot be found;\nthe court may appoint the public trustee or another appropriate person to exercise the powers of voting under this division that the court determines.\n(sec.184-ssec.1) A power of voting conferred under this division may be exercised— if the member is an infant—by the member’s guardian; or if the member is for any reason unable to control the member’s property—by the person who is authorised by law to control the property; or if the member is a corporation—by the member’s delegate.\n(sec.184-ssec.2) If, on the application of a body corporate or a member, the Supreme Court is satisfied that— there is no person able to vote in relation to a voting entitlement; or the person able to vote cannot be found; the court may appoint the public trustee or another appropriate person to exercise the powers of voting under this division that the court determines.\n- (a) if the member is an infant—by the member’s guardian; or\n- (b) if the member is for any reason unable to control the member’s property—by the person who is authorised by law to control the property; or\n- (c) if the member is a corporation—by the member’s delegate.\n- (a) there is no person able to vote in relation to a voting entitlement; or\n- (b) the person able to vote cannot be found;","sortOrder":229},{"sectionNumber":"sec.185","sectionType":"section","heading":"Constitution of executive committee","content":"### sec.185 Constitution of executive committee\n\nAfter the first annual general meeting of a body corporate, there is to be an executive committee consisting of—\nthe chairperson, secretary and treasurer; and\nany other members elected or appointed under this section.\nIf there is only 1 member of the body corporate—\nthe member may make any decision that a properly convened executive committee is required or authorised to make under this Act; and\na decision of the member is taken to be a decision of the executive committee.\nIf there are not more than 3 members of the body corporate, the executive committee consists of—\neach member who is an individual or the member’s nominee; and\nthe nominee of each member that is a corporation.\nIf there are more than 3 members of the body corporate, the executive committee consists of—\nthe chairperson, secretary and treasurer; and\nthe number of other members (not more than 4) determined by the body corporate.\nIf the number of members of a body corporate is less than the number of members of the executive committee (including the chairperson, secretary and treasurer), the members of the executive committee are to be elected—\nat each annual general meeting of the body corporate; or\nif the number of members of the executive committee changes because of a determination under subsection (4) at a time more than 4 months from the anniversary of its first annual general meeting—at an extraordinary general meeting convened for the purpose.\nA person may be elected to more than 1 of the offices mentioned in subsection (1) (a) .\nThe election of the chairperson, secretary, treasurer and any other members of the executive committee at a general meeting of the body corporate must be conducted under schedule 1 .\nA person is eligible for election as chairperson, secretary or treasurer, or as another member of the executive committee of the body corporate only if the person is an electable person for the body corporate at the time of the meeting of the body corporate at which the person’s election is proposed.\nDespite subsections (1) and (4) , the body corporate may determine that the secretary or treasurer is not to be a member of the executive committee.\nIf the body corporate makes a determination under subsection (8) , a person elected as secretary or treasurer holds the office in relation to the body corporate and the executive committee, but is not a member of the executive committee.\nA member of the executive committee may, with the consent of the executive committee, appoint—\na member of the body corporate; or\nthe nominee of a corporation that is a member of the body corporate;\nto act in the member’s place as a member of the executive committee at any meeting of the executive committee.\nWhen the appointed member or nominee is acting in the member’s place, the appointed member or nominee is taken to be a member of the executive committee.\nThe member or nominee may be appointed whether or not the person is already a member of the executive committee.\nIf the person appointed is already a member of the executive committee, the person may, at a meeting of the executive committee, separately vote—\nin the person’s capacity as a member; and\non behalf of the member in whose place the person has been appointed to act.\nDespite subsections (1) and (5) , the executive committee may be constituted before the first annual general meeting of a body corporate by the election, at an extraordinary general meeting, of—\nthe chairperson, secretary and treasurer; and\nany other members of the executive committee.\nThe following provisions apply to the election of a person at the extraordinary general meeting—\nsubsections (6) , (8) and (9) ;\npart 1 of schedule 2 to the Building Units and Group Titles Act 1980 (as applied by section 172 ) that relate to the election of the person.\nIf there is no executive committee of a body corporate, the body corporate is to exercise the powers, and perform the functions, of the executive committee.\ns 185 amd 2011 No. 27 s 298 ; 2022 No. 28 s 39\n(sec.185-ssec.1) After the first annual general meeting of a body corporate, there is to be an executive committee consisting of— the chairperson, secretary and treasurer; and any other members elected or appointed under this section.\n(sec.185-ssec.2) If there is only 1 member of the body corporate— the member may make any decision that a properly convened executive committee is required or authorised to make under this Act; and a decision of the member is taken to be a decision of the executive committee.\n(sec.185-ssec.3) If there are not more than 3 members of the body corporate, the executive committee consists of— each member who is an individual or the member’s nominee; and the nominee of each member that is a corporation.\n(sec.185-ssec.4) If there are more than 3 members of the body corporate, the executive committee consists of— the chairperson, secretary and treasurer; and the number of other members (not more than 4) determined by the body corporate.\n(sec.185-ssec.5) If the number of members of a body corporate is less than the number of members of the executive committee (including the chairperson, secretary and treasurer), the members of the executive committee are to be elected— at each annual general meeting of the body corporate; or if the number of members of the executive committee changes because of a determination under subsection (4) at a time more than 4 months from the anniversary of its first annual general meeting—at an extraordinary general meeting convened for the purpose.\n(sec.185-ssec.6) A person may be elected to more than 1 of the offices mentioned in subsection (1) (a) .\n(sec.185-ssec.7) The election of the chairperson, secretary, treasurer and any other members of the executive committee at a general meeting of the body corporate must be conducted under schedule 1 .\n(sec.185-ssec.7A) A person is eligible for election as chairperson, secretary or treasurer, or as another member of the executive committee of the body corporate only if the person is an electable person for the body corporate at the time of the meeting of the body corporate at which the person’s election is proposed.\n(sec.185-ssec.8) Despite subsections (1) and (4) , the body corporate may determine that the secretary or treasurer is not to be a member of the executive committee.\n(sec.185-ssec.9) If the body corporate makes a determination under subsection (8) , a person elected as secretary or treasurer holds the office in relation to the body corporate and the executive committee, but is not a member of the executive committee.\n(sec.185-ssec.10) A member of the executive committee may, with the consent of the executive committee, appoint— a member of the body corporate; or the nominee of a corporation that is a member of the body corporate; to act in the member’s place as a member of the executive committee at any meeting of the executive committee.\n(sec.185-ssec.11) When the appointed member or nominee is acting in the member’s place, the appointed member or nominee is taken to be a member of the executive committee.\n(sec.185-ssec.12) The member or nominee may be appointed whether or not the person is already a member of the executive committee.\n(sec.185-ssec.13) If the person appointed is already a member of the executive committee, the person may, at a meeting of the executive committee, separately vote— in the person’s capacity as a member; and on behalf of the member in whose place the person has been appointed to act.\n(sec.185-ssec.14) Despite subsections (1) and (5) , the executive committee may be constituted before the first annual general meeting of a body corporate by the election, at an extraordinary general meeting, of— the chairperson, secretary and treasurer; and any other members of the executive committee.\n(sec.185-ssec.15) The following provisions apply to the election of a person at the extraordinary general meeting— subsections (6) , (8) and (9) ; part 1 of schedule 2 to the Building Units and Group Titles Act 1980 (as applied by section 172 ) that relate to the election of the person.\n(sec.185-ssec.16) If there is no executive committee of a body corporate, the body corporate is to exercise the powers, and perform the functions, of the executive committee.\n- (a) the chairperson, secretary and treasurer; and\n- (b) any other members elected or appointed under this section.\n- (a) the member may make any decision that a properly convened executive committee is required or authorised to make under this Act; and\n- (b) a decision of the member is taken to be a decision of the executive committee.\n- (a) each member who is an individual or the member’s nominee; and\n- (b) the nominee of each member that is a corporation.\n- (a) the chairperson, secretary and treasurer; and\n- (b) the number of other members (not more than 4) determined by the body corporate.\n- (a) at each annual general meeting of the body corporate; or\n- (b) if the number of members of the executive committee changes because of a determination under subsection (4) at a time more than 4 months from the anniversary of its first annual general meeting—at an extraordinary general meeting convened for the purpose.\n- (a) a member of the body corporate; or\n- (b) the nominee of a corporation that is a member of the body corporate;\n- (a) in the person’s capacity as a member; and\n- (b) on behalf of the member in whose place the person has been appointed to act.\n- (a) the chairperson, secretary and treasurer; and\n- (b) any other members of the executive committee.\n- (a) subsections (6) , (8) and (9) ;\n- (b) part 1 of schedule 2 to the Building Units and Group Titles Act 1980 (as applied by section 172 ) that relate to the election of the person.","sortOrder":230},{"sectionNumber":"sec.185A","sectionType":"section","heading":"Code of conduct for voting members of executive committee","content":"### sec.185A Code of conduct for voting members of executive committee\n\nThe code of conduct in schedule 2 applies to each person (a voting member ) who is—\na member of the executive committee of a body corporate; and\nentitled to vote at general meetings of the body corporate.\nOn becoming a voting member of the executive committee of a body corporate, the person is taken to have agreed to comply with the code of conduct.\ns 185A ins 2011 No. 27 s 299\n(sec.185A-ssec.1) The code of conduct in schedule 2 applies to each person (a voting member ) who is— a member of the executive committee of a body corporate; and entitled to vote at general meetings of the body corporate.\n(sec.185A-ssec.2) On becoming a voting member of the executive committee of a body corporate, the person is taken to have agreed to comply with the code of conduct.\n- (a) a member of the executive committee of a body corporate; and\n- (b) entitled to vote at general meetings of the body corporate.","sortOrder":231},{"sectionNumber":"sec.185B","sectionType":"section","heading":"Non-voting members of executive committee","content":"### sec.185B Non-voting members of executive committee\n\nThe following persons are, without further election or appointment, members of the executive committee of a body corporate—\na body corporate manager appointed by the body corporate;\na caretaking service contractor engaged by the body corporate.\nSubsection (1) applies even though the person is not an electable person for the body corporate.\nA person who is a member of an executive committee under this section is not entitled to vote at a meeting of the executive committee.\nSubsection (3) applies even if the person is a member of the body corporate or a nominee of a corporation that is a member of the body corporate.\nA person who is a member of an executive committee under this section is not to be counted—\nunder section 185 (4) for determining the number of members of the executive committee; or\nunder section 188 (1) for determining whether a quorum is constituted at a meeting of the executive committee.\ns 185B ins 2022 No. 28 s 40\n(sec.185B-ssec.1) The following persons are, without further election or appointment, members of the executive committee of a body corporate— a body corporate manager appointed by the body corporate; a caretaking service contractor engaged by the body corporate.\n(sec.185B-ssec.2) Subsection (1) applies even though the person is not an electable person for the body corporate.\n(sec.185B-ssec.3) A person who is a member of an executive committee under this section is not entitled to vote at a meeting of the executive committee.\n(sec.185B-ssec.4) Subsection (3) applies even if the person is a member of the body corporate or a nominee of a corporation that is a member of the body corporate.\n(sec.185B-ssec.5) A person who is a member of an executive committee under this section is not to be counted— under section 185 (4) for determining the number of members of the executive committee; or under section 188 (1) for determining whether a quorum is constituted at a meeting of the executive committee.\n- (a) a body corporate manager appointed by the body corporate;\n- (b) a caretaking service contractor engaged by the body corporate.\n- (a) under section 185 (4) for determining the number of members of the executive committee; or\n- (b) under section 188 (1) for determining whether a quorum is constituted at a meeting of the executive committee.","sortOrder":232},{"sectionNumber":"sec.186","sectionType":"section","heading":"Vacation of office of member of executive committee","content":"### sec.186 Vacation of office of member of executive committee\n\nA person elected as chairperson, secretary or treasurer, or another member of the executive committee of a body corporate, vacates the office—\nif the person ceases to be an electable person for the body corporate under section 166C (a) (i) or (c)(i) or (ii); or\nfor a person who is a nominee of a corporation that is a member of the body corporate, if—\nthe corporation notifies the body corporate, in writing, that the person’s office, as a member of the executive committee, is vacated; or\nthe corporation ceases to be a member of the body corporate; or\non receipt by the body corporate of the person’s written resignation; or\nat the next election of the members of the executive committee at an annual general meeting or extraordinary general meeting; or\nif the person is absent without leave granted by the executive committee from 3 consecutive meetings of the committee of which proper notice has been given to the person; or\nif the person becomes bankrupt or compounds with the person’s creditors or otherwise takes advantage of the laws relating to bankruptcy; or\nif the person is convicted of an indictable offence; or\nif the person dies or becomes mentally ill; or\nif the person is removed from office by ordinary resolution of the body corporate under division 8 ; or\nif the body corporate, by a comprehensive resolution, determines that the person’s office is vacated.\nHowever, if a person elected as secretary or treasurer of the body corporate is not a member of the executive committee under section 185 (9) , the person’s office cannot be vacated under subsection (1) (b) (i) or (ii) .\nIf—\na vacancy happens in the office of—\nchairperson, secretary or treasurer; or\nanother member of the executive committee; and\nthe vacancy happens otherwise than because of subsection (1) (d) ;\nthe body corporate must appoint a person eligible for election to fill the vacancy.\nThe person appointed under subsection (3) holds office, subject to this section, for the balance of the predecessor’s term of office.\nIf the number of persons who are members of the executive committee becomes one-half, or less than one-half, of the number of the members of the executive committee, the members for the time being of the executive committee constitute a quorum at a meeting of the executive committee for the purpose only of—\nappointing a person to fill a vacancy in the office of—\nchairperson, secretary or treasurer; or\nanother member of the executive committee; or\nconvening a meeting of the body corporate for the purpose mentioned in paragraph (a) .\nSubsection (5) has effect despite section 188 (1) .\nFor the purposes of subsection (5) , if—\nthere is no member of the executive committee; or\nthe members of the executive committee—\ndo not appoint a person to fill the vacancy; and\nhave not convened a meeting of the body corporate to appoint a person to fill the vacancy;\nthe referee (within the meaning of the Building Units and Group Titles Act 1980 ) may, on the application of a member of the body corporate or a mortgagee of a lot, appoint a person to convene and hold a meeting of the body corporate within a specified time to appoint persons to fill any vacancies.\nThe referee may appoint a person only if—\nthe person is nominated by the applicant; and\nthe person consents to the nomination.\nIn addition to making the appointment, the referee may give any directions relating to the appointment or the meeting that the referee considers appropriate.\nWithout limiting subsection (9) , but despite the provisions of schedule 2 of the Building Units and Group Titles Act 1980 (as applied by section 172 ), the referee may also give the following directions—\nthat the person appointed to convene a meeting of the body corporate must preside at the meeting and, while the person is presiding, the person is taken to be the chairperson of the body corporate;\nthat notice of the meeting may be given in the way specified in the direction.\nA meeting held under subsections (7) to (10) because there is no member of the executive committee is, for the purpose of the election of—\nthe chairperson, secretary and treasurer; and\nthe other members of the executive committee;\ntaken to be a first annual general meeting of the body corporate.\ns 186 amd 2011 No. 27 s 300 ; 2022 No. 28 s 41\n(sec.186-ssec.1) A person elected as chairperson, secretary or treasurer, or another member of the executive committee of a body corporate, vacates the office— if the person ceases to be an electable person for the body corporate under section 166C (a) (i) or (c)(i) or (ii); or for a person who is a nominee of a corporation that is a member of the body corporate, if— the corporation notifies the body corporate, in writing, that the person’s office, as a member of the executive committee, is vacated; or the corporation ceases to be a member of the body corporate; or on receipt by the body corporate of the person’s written resignation; or at the next election of the members of the executive committee at an annual general meeting or extraordinary general meeting; or if the person is absent without leave granted by the executive committee from 3 consecutive meetings of the committee of which proper notice has been given to the person; or if the person becomes bankrupt or compounds with the person’s creditors or otherwise takes advantage of the laws relating to bankruptcy; or if the person is convicted of an indictable offence; or if the person dies or becomes mentally ill; or if the person is removed from office by ordinary resolution of the body corporate under division 8 ; or if the body corporate, by a comprehensive resolution, determines that the person’s office is vacated.\n(sec.186-ssec.2) However, if a person elected as secretary or treasurer of the body corporate is not a member of the executive committee under section 185 (9) , the person’s office cannot be vacated under subsection (1) (b) (i) or (ii) .\n(sec.186-ssec.3) If— a vacancy happens in the office of— chairperson, secretary or treasurer; or another member of the executive committee; and the vacancy happens otherwise than because of subsection (1) (d) ; the body corporate must appoint a person eligible for election to fill the vacancy.\n(sec.186-ssec.4) The person appointed under subsection (3) holds office, subject to this section, for the balance of the predecessor’s term of office.\n(sec.186-ssec.5) If the number of persons who are members of the executive committee becomes one-half, or less than one-half, of the number of the members of the executive committee, the members for the time being of the executive committee constitute a quorum at a meeting of the executive committee for the purpose only of— appointing a person to fill a vacancy in the office of— chairperson, secretary or treasurer; or another member of the executive committee; or convening a meeting of the body corporate for the purpose mentioned in paragraph (a) .\n(sec.186-ssec.6) Subsection (5) has effect despite section 188 (1) .\n(sec.186-ssec.7) For the purposes of subsection (5) , if— there is no member of the executive committee; or the members of the executive committee— do not appoint a person to fill the vacancy; and have not convened a meeting of the body corporate to appoint a person to fill the vacancy; the referee (within the meaning of the Building Units and Group Titles Act 1980 ) may, on the application of a member of the body corporate or a mortgagee of a lot, appoint a person to convene and hold a meeting of the body corporate within a specified time to appoint persons to fill any vacancies.\n(sec.186-ssec.8) The referee may appoint a person only if— the person is nominated by the applicant; and the person consents to the nomination.\n(sec.186-ssec.9) In addition to making the appointment, the referee may give any directions relating to the appointment or the meeting that the referee considers appropriate.\n(sec.186-ssec.10) Without limiting subsection (9) , but despite the provisions of schedule 2 of the Building Units and Group Titles Act 1980 (as applied by section 172 ), the referee may also give the following directions— that the person appointed to convene a meeting of the body corporate must preside at the meeting and, while the person is presiding, the person is taken to be the chairperson of the body corporate; that notice of the meeting may be given in the way specified in the direction.\n(sec.186-ssec.11) A meeting held under subsections (7) to (10) because there is no member of the executive committee is, for the purpose of the election of— the chairperson, secretary and treasurer; and the other members of the executive committee; taken to be a first annual general meeting of the body corporate.\n- (a) if the person ceases to be an electable person for the body corporate under section 166C (a) (i) or (c)(i) or (ii); or\n- (b) for a person who is a nominee of a corporation that is a member of the body corporate, if— (i) the corporation notifies the body corporate, in writing, that the person’s office, as a member of the executive committee, is vacated; or (ii) the corporation ceases to be a member of the body corporate; or\n- (i) the corporation notifies the body corporate, in writing, that the person’s office, as a member of the executive committee, is vacated; or\n- (ii) the corporation ceases to be a member of the body corporate; or\n- (c) on receipt by the body corporate of the person’s written resignation; or\n- (d) at the next election of the members of the executive committee at an annual general meeting or extraordinary general meeting; or\n- (e) if the person is absent without leave granted by the executive committee from 3 consecutive meetings of the committee of which proper notice has been given to the person; or\n- (f) if the person becomes bankrupt or compounds with the person’s creditors or otherwise takes advantage of the laws relating to bankruptcy; or\n- (g) if the person is convicted of an indictable offence; or\n- (h) if the person dies or becomes mentally ill; or\n- (i) if the person is removed from office by ordinary resolution of the body corporate under division 8 ; or\n- (j) if the body corporate, by a comprehensive resolution, determines that the person’s office is vacated.\n- (i) the corporation notifies the body corporate, in writing, that the person’s office, as a member of the executive committee, is vacated; or\n- (ii) the corporation ceases to be a member of the body corporate; or\n- (a) a vacancy happens in the office of— (i) chairperson, secretary or treasurer; or (ii) another member of the executive committee; and\n- (i) chairperson, secretary or treasurer; or\n- (ii) another member of the executive committee; and\n- (b) the vacancy happens otherwise than because of subsection (1) (d) ;\n- (i) chairperson, secretary or treasurer; or\n- (ii) another member of the executive committee; and\n- (a) appointing a person to fill a vacancy in the office of— (i) chairperson, secretary or treasurer; or (ii) another member of the executive committee; or\n- (i) chairperson, secretary or treasurer; or\n- (ii) another member of the executive committee; or\n- (b) convening a meeting of the body corporate for the purpose mentioned in paragraph (a) .\n- (i) chairperson, secretary or treasurer; or\n- (ii) another member of the executive committee; or\n- (a) there is no member of the executive committee; or\n- (b) the members of the executive committee— (i) do not appoint a person to fill the vacancy; and (ii) have not convened a meeting of the body corporate to appoint a person to fill the vacancy;\n- (i) do not appoint a person to fill the vacancy; and\n- (ii) have not convened a meeting of the body corporate to appoint a person to fill the vacancy;\n- (i) do not appoint a person to fill the vacancy; and\n- (ii) have not convened a meeting of the body corporate to appoint a person to fill the vacancy;\n- (a) the person is nominated by the applicant; and\n- (b) the person consents to the nomination.\n- (a) that the person appointed to convene a meeting of the body corporate must preside at the meeting and, while the person is presiding, the person is taken to be the chairperson of the body corporate;\n- (b) that notice of the meeting may be given in the way specified in the direction.\n- (a) the chairperson, secretary and treasurer; and\n- (b) the other members of the executive committee;","sortOrder":233},{"sectionNumber":"sec.187","sectionType":"section","heading":"Chairperson, secretary and treasurer of executive committee","content":"### sec.187 Chairperson, secretary and treasurer of executive committee\n\nThe chairperson must preside at all meetings of the executive committee at which the chairperson is present.\nIf the chairperson is not present at a meeting, the member chosen by the members present at the meeting is to preside.\nA person (other than a person mentioned in subsection (4) ) must not exercise a power of the body corporate, or the treasurer, that relates to—\nthe receipt or expenditure of amounts of the body corporate; or\nthe accounting for amounts of the body corporate; or\nthe keeping of the books of account of the body corporate.\nMaximum penalty—50 penalty units.\nThe following persons may exercise a power mentioned in subsection (3) —\nthe treasurer or the treasurer’s delegate;\na person acting jointly with the treasurer because of a direction under subsection (6) .\nThe treasurer may, with the approval of the executive committee, delegate the treasurer’s powers to a member of the executive committee.\nThe executive committee may, by written notice given to the treasurer, direct that the treasurer may exercise a specified power only jointly with a specified person.\nA person who has possession or control of—\nany records, books of account or keys of the body corporate; or\nthe body corporate roll; or\nany other property of the body corporate;\nmust deliver the records, books of account or keys, the roll or the other property to a specified member of the executive committee within 7 days after service on the person of a resolution of the executive committee requiring the delivery.\nMaximum penalty—20 penalty units.\n(sec.187-ssec.1) The chairperson must preside at all meetings of the executive committee at which the chairperson is present.\n(sec.187-ssec.2) If the chairperson is not present at a meeting, the member chosen by the members present at the meeting is to preside.\n(sec.187-ssec.3) A person (other than a person mentioned in subsection (4) ) must not exercise a power of the body corporate, or the treasurer, that relates to— the receipt or expenditure of amounts of the body corporate; or the accounting for amounts of the body corporate; or the keeping of the books of account of the body corporate. Maximum penalty—50 penalty units.\n(sec.187-ssec.4) The following persons may exercise a power mentioned in subsection (3) — the treasurer or the treasurer’s delegate; a person acting jointly with the treasurer because of a direction under subsection (6) .\n(sec.187-ssec.5) The treasurer may, with the approval of the executive committee, delegate the treasurer’s powers to a member of the executive committee.\n(sec.187-ssec.6) The executive committee may, by written notice given to the treasurer, direct that the treasurer may exercise a specified power only jointly with a specified person.\n(sec.187-ssec.7) A person who has possession or control of— any records, books of account or keys of the body corporate; or the body corporate roll; or any other property of the body corporate; must deliver the records, books of account or keys, the roll or the other property to a specified member of the executive committee within 7 days after service on the person of a resolution of the executive committee requiring the delivery. Maximum penalty—20 penalty units.\n- (a) the receipt or expenditure of amounts of the body corporate; or\n- (b) the accounting for amounts of the body corporate; or\n- (c) the keeping of the books of account of the body corporate.\n- (a) the treasurer or the treasurer’s delegate;\n- (b) a person acting jointly with the treasurer because of a direction under subsection (6) .\n- (a) any records, books of account or keys of the body corporate; or\n- (b) the body corporate roll; or\n- (c) any other property of the body corporate;","sortOrder":234},{"sectionNumber":"sec.188","sectionType":"section","heading":"Meetings of executive committee","content":"### sec.188 Meetings of executive committee\n\nAt a meeting of the executive committee, a quorum is constituted by more than half of the number of members of the executive committee.\nAt a meeting at which a quorum is present, the decision on any matter of the majority of the members voting on the matter is the decision of the executive committee unless this Act expressly requires or permits the decision to be made in a different way.\nA decision of the executive committee does not have effect if—\nbefore the decision is made, written notice is given to the secretary by not less than half of the total number of members of the body corporate stating that the making of the decision is opposed by the members; and\nthe total of the voting entitlements of the members is more than half of the total of all voting entitlements recorded in the body corporate roll.\nThe executive committee must keep—\na record of—\nits decisions; and\nany notices given to its secretary under subsection (3) ; and\nfull and accurate minutes of its meetings.\nThe secretary of the executive committee must give a copy of the minutes of each of its meetings to each member of the body corporate and mortgagee of a lot.\nSubsection (5) does not apply in relation to a person who—\nhas given the secretary a written notice instructing the secretary that the person does not wish to be given copies of the minutes; and\nhas not withdrawn the instruction.\nA copy of minutes given to a person under subsection (5) must be given within 21 days after the meeting is held.\ns 188 amd 2022 No. 28 s 42\n(sec.188-ssec.1) At a meeting of the executive committee, a quorum is constituted by more than half of the number of members of the executive committee.\n(sec.188-ssec.2) At a meeting at which a quorum is present, the decision on any matter of the majority of the members voting on the matter is the decision of the executive committee unless this Act expressly requires or permits the decision to be made in a different way.\n(sec.188-ssec.3) A decision of the executive committee does not have effect if— before the decision is made, written notice is given to the secretary by not less than half of the total number of members of the body corporate stating that the making of the decision is opposed by the members; and the total of the voting entitlements of the members is more than half of the total of all voting entitlements recorded in the body corporate roll.\n(sec.188-ssec.4) The executive committee must keep— a record of— its decisions; and any notices given to its secretary under subsection (3) ; and full and accurate minutes of its meetings.\n(sec.188-ssec.5) The secretary of the executive committee must give a copy of the minutes of each of its meetings to each member of the body corporate and mortgagee of a lot.\n(sec.188-ssec.6) Subsection (5) does not apply in relation to a person who— has given the secretary a written notice instructing the secretary that the person does not wish to be given copies of the minutes; and has not withdrawn the instruction.\n(sec.188-ssec.7) A copy of minutes given to a person under subsection (5) must be given within 21 days after the meeting is held.\n- (a) before the decision is made, written notice is given to the secretary by not less than half of the total number of members of the body corporate stating that the making of the decision is opposed by the members; and\n- (b) the total of the voting entitlements of the members is more than half of the total of all voting entitlements recorded in the body corporate roll.\n- (a) a record of— (i) its decisions; and (ii) any notices given to its secretary under subsection (3) ; and\n- (i) its decisions; and\n- (ii) any notices given to its secretary under subsection (3) ; and\n- (b) full and accurate minutes of its meetings.\n- (i) its decisions; and\n- (ii) any notices given to its secretary under subsection (3) ; and\n- (a) has given the secretary a written notice instructing the secretary that the person does not wish to be given copies of the minutes; and\n- (b) has not withdrawn the instruction.","sortOrder":235},{"sectionNumber":"sec.188AA","sectionType":"section","heading":"Notice of executive committee meetings","content":"### sec.188AA Notice of executive committee meetings\n\nThe secretary of the executive committee must serve notice of a meeting of the committee on—\neach member of the committee; and\neach member of the body corporate; and\neach mortgagee of a lot.\nThe notice must be served—\nat least 7 days before the meeting; or\nat least 2 days before the meeting, if all voting members of the executive committee—\nvote, at the last meeting of the committee held before the proposed meeting, in favour of the reduced notice period for the proposed meeting; or\nagree in writing to the reduced notice period for the proposed meeting.\nThe notice must—\nstate when and where the meeting is to be held; and\nbe accompanied by the agenda for the meeting.\nSubsection (1) does not apply in relation to a person who—\nhas given the secretary of the executive committee a written notice instructing the secretary that the person does not wish to be given notice of meetings of the committee; and\nhas not withdrawn the instruction.\ns 188AA ins 2022 No. 28 s 43\n(sec.188AA-ssec.1) The secretary of the executive committee must serve notice of a meeting of the committee on— each member of the committee; and each member of the body corporate; and each mortgagee of a lot.\n(sec.188AA-ssec.2) The notice must be served— at least 7 days before the meeting; or at least 2 days before the meeting, if all voting members of the executive committee— vote, at the last meeting of the committee held before the proposed meeting, in favour of the reduced notice period for the proposed meeting; or agree in writing to the reduced notice period for the proposed meeting.\n(sec.188AA-ssec.3) The notice must— state when and where the meeting is to be held; and be accompanied by the agenda for the meeting.\n(sec.188AA-ssec.4) Subsection (1) does not apply in relation to a person who— has given the secretary of the executive committee a written notice instructing the secretary that the person does not wish to be given notice of meetings of the committee; and has not withdrawn the instruction.\n- (a) each member of the committee; and\n- (b) each member of the body corporate; and\n- (c) each mortgagee of a lot.\n- (a) at least 7 days before the meeting; or\n- (b) at least 2 days before the meeting, if all voting members of the executive committee— (i) vote, at the last meeting of the committee held before the proposed meeting, in favour of the reduced notice period for the proposed meeting; or (ii) agree in writing to the reduced notice period for the proposed meeting.\n- (i) vote, at the last meeting of the committee held before the proposed meeting, in favour of the reduced notice period for the proposed meeting; or\n- (ii) agree in writing to the reduced notice period for the proposed meeting.\n- (i) vote, at the last meeting of the committee held before the proposed meeting, in favour of the reduced notice period for the proposed meeting; or\n- (ii) agree in writing to the reduced notice period for the proposed meeting.\n- (a) state when and where the meeting is to be held; and\n- (b) be accompanied by the agenda for the meeting.\n- (a) has given the secretary of the executive committee a written notice instructing the secretary that the person does not wish to be given notice of meetings of the committee; and\n- (b) has not withdrawn the instruction.","sortOrder":236},{"sectionNumber":"sec.188AB","sectionType":"section","heading":"When voting member ineligible to vote at executive committee meetings","content":"### sec.188AB When voting member ineligible to vote at executive committee meetings\n\nFor this section, a voting member of an executive committee is a debtor member for a meeting of the executive committee if—\nthe member is a member of the body corporate and at the time of the meeting the member owes a relevant body corporate debt to the body corporate; or\nthe member is the nominee of a corporation that is a member of the body corporate and at the time of the meeting, the corporation owes a relevant body corporate debt to the body corporate.\nA debtor member for a meeting of an executive committee must not vote at the meeting—\nin the member’s own right; or\nas a person appointed under section 185 (10) to act in another executive committee member’s place.\nAlso, a person who is appointed under section 185 (10) to act in the place of a debtor member for a meeting of an executive committee must not exercise a vote on behalf of the debtor member at the meeting.\nHowever, nothing in this section prevents a debtor member for a meeting of an executive committee from being counted, under section 188 , for deciding whether there is a quorum for the meeting.\ns 188AB ins 2022 No. 28 s 43\n(sec.188AB-ssec.1) For this section, a voting member of an executive committee is a debtor member for a meeting of the executive committee if— the member is a member of the body corporate and at the time of the meeting the member owes a relevant body corporate debt to the body corporate; or the member is the nominee of a corporation that is a member of the body corporate and at the time of the meeting, the corporation owes a relevant body corporate debt to the body corporate.\n(sec.188AB-ssec.2) A debtor member for a meeting of an executive committee must not vote at the meeting— in the member’s own right; or as a person appointed under section 185 (10) to act in another executive committee member’s place.\n(sec.188AB-ssec.3) Also, a person who is appointed under section 185 (10) to act in the place of a debtor member for a meeting of an executive committee must not exercise a vote on behalf of the debtor member at the meeting.\n(sec.188AB-ssec.4) However, nothing in this section prevents a debtor member for a meeting of an executive committee from being counted, under section 188 , for deciding whether there is a quorum for the meeting.\n- (a) the member is a member of the body corporate and at the time of the meeting the member owes a relevant body corporate debt to the body corporate; or\n- (b) the member is the nominee of a corporation that is a member of the body corporate and at the time of the meeting, the corporation owes a relevant body corporate debt to the body corporate.\n- (a) in the member’s own right; or\n- (b) as a person appointed under section 185 (10) to act in another executive committee member’s place.","sortOrder":237},{"sectionNumber":"sec.188AC","sectionType":"section","heading":"When executive committee member may receive particular benefits","content":"### sec.188AC When executive committee member may receive particular benefits\n\nA member of an executive committee may receive a direct or indirect benefit from a service contractor only if—\nthe benefit is the supply of, or payment for—\na service that the body corporate has engaged the contractor to provide; or\na service that an owner of a lot has engaged the contractor to provide at market price; or\na gardening or maintenance service provided by a service contractor to lot owners\nfor a service contractor that is a caretaking service contractor—the benefit is the supply of, or payment for, a letting agent business service conducted by the contractor; or\nthe body corporate has authorised the member, by ordinary resolution, to receive the benefit.\ns 188AC ins 2022 No. 28 s 43\n- (a) the benefit is the supply of, or payment for— (i) a service that the body corporate has engaged the contractor to provide; or (ii) a service that an owner of a lot has engaged the contractor to provide at market price; or Example for subparagraph (ii) — a gardening or maintenance service provided by a service contractor to lot owners\n- (i) a service that the body corporate has engaged the contractor to provide; or\n- (ii) a service that an owner of a lot has engaged the contractor to provide at market price; or Example for subparagraph (ii) — a gardening or maintenance service provided by a service contractor to lot owners\n- (b) for a service contractor that is a caretaking service contractor—the benefit is the supply of, or payment for, a letting agent business service conducted by the contractor; or\n- (c) the body corporate has authorised the member, by ordinary resolution, to receive the benefit.\n- (i) a service that the body corporate has engaged the contractor to provide; or\n- (ii) a service that an owner of a lot has engaged the contractor to provide at market price; or Example for subparagraph (ii) — a gardening or maintenance service provided by a service contractor to lot owners","sortOrder":238},{"sectionNumber":"sec.188A","sectionType":"section","heading":"Conflict of interest of executive committee member [SM, s 53 ]","content":"### sec.188A Conflict of interest of executive committee member [SM, s 53 ]\n\nA member of the executive committee must disclose to a meeting of the committee the member’s direct or indirect interest in an issue being considered, or about to be considered, by the committee if the interest could conflict with the appropriate performance of the member’s duties about the consideration of the issue.\nIf a member required under subsection (1) to disclose an interest in an issue is a voting member of the committee, the member is not entitled to vote on a motion involving the issue.\nA person who holds the proxy of a member of the committee must disclose to a meeting of the committee the proxy holder’s direct or indirect interest in an issue being considered, or about to be considered, by the committee if the interest could conflict with the appropriate performance of the proxy holder’s duties about the consideration of the issue.\nA proxy holder required under subsection (3) to disclose an interest in an issue must not vote as the proxy on a motion involving the issue.\nA person who holds the proxy of a member of the committee must disclose to a meeting of the committee the member’s direct or indirect interest in an issue being considered, or about to be considered, by the committee if the proxy holder is aware that the member, if present, would be required under subsection (1) to disclose the interest.\nA proxy holder required under subsection (5) to disclose an interest in an issue must not vote as the proxy on a motion involving the issue.\ns 188A ins 2011 No. 27 s 301\n(sec.188A-ssec.1) A member of the executive committee must disclose to a meeting of the committee the member’s direct or indirect interest in an issue being considered, or about to be considered, by the committee if the interest could conflict with the appropriate performance of the member’s duties about the consideration of the issue.\n(sec.188A-ssec.2) If a member required under subsection (1) to disclose an interest in an issue is a voting member of the committee, the member is not entitled to vote on a motion involving the issue.\n(sec.188A-ssec.3) A person who holds the proxy of a member of the committee must disclose to a meeting of the committee the proxy holder’s direct or indirect interest in an issue being considered, or about to be considered, by the committee if the interest could conflict with the appropriate performance of the proxy holder’s duties about the consideration of the issue.\n(sec.188A-ssec.4) A proxy holder required under subsection (3) to disclose an interest in an issue must not vote as the proxy on a motion involving the issue.\n(sec.188A-ssec.5) A person who holds the proxy of a member of the committee must disclose to a meeting of the committee the member’s direct or indirect interest in an issue being considered, or about to be considered, by the committee if the proxy holder is aware that the member, if present, would be required under subsection (1) to disclose the interest.\n(sec.188A-ssec.6) A proxy holder required under subsection (5) to disclose an interest in an issue must not vote as the proxy on a motion involving the issue.","sortOrder":239},{"sectionNumber":"sec.189","sectionType":"section","heading":"Executive committee’s decisions to be decisions of body corporate","content":"### sec.189 Executive committee’s decisions to be decisions of body corporate\n\nIn this section—\nrestricted matter , in relation to a body corporate, means—\na matter relating to the fixing of a special levy on all members of the body corporate; or\na matter that seeks to alter the rights, privileges or obligations of members of the body corporate; or\na matter that seeks to alter the annual contribution of members of the body corporate; or\na matter on which a decision may only be made by the body corporate under a comprehensive resolution or in general meeting of the body corporate.\nA decision of the executive committee on a matter that is not a restricted matter is taken to be the decision of the body corporate.\nThe executive committee must act reasonably in making, or not making, a decision.\nEven if the executive committee is properly constituted, the body corporate may in general meeting continue to exercise the powers conferred on the body corporate by this Act.\ns 189 amd 2022 No. 28 s 44\n(sec.189-ssec.1) In this section— restricted matter , in relation to a body corporate, means— a matter relating to the fixing of a special levy on all members of the body corporate; or a matter that seeks to alter the rights, privileges or obligations of members of the body corporate; or a matter that seeks to alter the annual contribution of members of the body corporate; or a matter on which a decision may only be made by the body corporate under a comprehensive resolution or in general meeting of the body corporate.\n(sec.189-ssec.2) A decision of the executive committee on a matter that is not a restricted matter is taken to be the decision of the body corporate.\n(sec.189-ssec.3) The executive committee must act reasonably in making, or not making, a decision.\n(sec.189-ssec.4) Even if the executive committee is properly constituted, the body corporate may in general meeting continue to exercise the powers conferred on the body corporate by this Act.\n- (a) a matter relating to the fixing of a special levy on all members of the body corporate; or\n- (b) a matter that seeks to alter the rights, privileges or obligations of members of the body corporate; or\n- (c) a matter that seeks to alter the annual contribution of members of the body corporate; or\n- (d) a matter on which a decision may only be made by the body corporate under a comprehensive resolution or in general meeting of the body corporate.","sortOrder":240},{"sectionNumber":"sec.190","sectionType":"section","heading":"Statutory restrictions on powers of executive committee","content":"### sec.190 Statutory restrictions on powers of executive committee\n\nThe executive committee of a body corporate may undertake expenditure only if—\nauthorised by a comprehensive resolution of the body corporate; or\nauthorised in an emergency by the Minister.\nIn relation to any proposed expenditure that the executive committee is unable to undertake because of subsection (1) , the executive committee must—\nsubmit the proposal for determination at an extraordinary general meeting of the body corporate convened for the purpose of, or for purposes that include, consideration of the proposal; and\nif the proposed expenditure is for work to be performed or the purchase of personal property—submit at least 2 tenders to the meeting with the proposal.\nSubsection (1) does not apply to expenditure—\nin payment of any premium for insurance taken out for the body corporate; or\nto comply with a notice or order served on the body corporate by a court, a local government, the State, the Commonwealth or a provider of a public utility service; or\nin discharge of a liability incurred in relation to an obligation of the body corporate authorised by the body corporate in general meeting.\ns 190 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.190-ssec.1) The executive committee of a body corporate may undertake expenditure only if— authorised by a comprehensive resolution of the body corporate; or authorised in an emergency by the Minister.\n(sec.190-ssec.2) In relation to any proposed expenditure that the executive committee is unable to undertake because of subsection (1) , the executive committee must— submit the proposal for determination at an extraordinary general meeting of the body corporate convened for the purpose of, or for purposes that include, consideration of the proposal; and if the proposed expenditure is for work to be performed or the purchase of personal property—submit at least 2 tenders to the meeting with the proposal.\n(sec.190-ssec.3) Subsection (1) does not apply to expenditure— in payment of any premium for insurance taken out for the body corporate; or to comply with a notice or order served on the body corporate by a court, a local government, the State, the Commonwealth or a provider of a public utility service; or in discharge of a liability incurred in relation to an obligation of the body corporate authorised by the body corporate in general meeting.\n- (a) authorised by a comprehensive resolution of the body corporate; or\n- (b) authorised in an emergency by the Minister.\n- (a) submit the proposal for determination at an extraordinary general meeting of the body corporate convened for the purpose of, or for purposes that include, consideration of the proposal; and\n- (b) if the proposed expenditure is for work to be performed or the purchase of personal property—submit at least 2 tenders to the meeting with the proposal.\n- (a) in payment of any premium for insurance taken out for the body corporate; or\n- (b) to comply with a notice or order served on the body corporate by a court, a local government, the State, the Commonwealth or a provider of a public utility service; or\n- (c) in discharge of a liability incurred in relation to an obligation of the body corporate authorised by the body corporate in general meeting.","sortOrder":241},{"sectionNumber":"sec.191","sectionType":"section","heading":"Restrictions imposed on executive committee by body corporate","content":"### sec.191 Restrictions imposed on executive committee by body corporate\n\nA body corporate may, in general meeting, decide that a matter may be determined only by the body corporate in general meeting.","sortOrder":242},{"sectionNumber":"sec.192","sectionType":"section","heading":"Community or precinct body corporate manager","content":"### sec.192 Community or precinct body corporate manager\n\nA body corporate may appoint a body corporate manager.\nThe appointment—\nmust be made in general meeting; and\nmust be in writing; and\nmay be made on the terms determined by the body corporate.\nThe body corporate may delegate its powers to the body corporate manager.\nWithout limiting subsection (3) , the body corporate may delegate to the body corporate manager powers of—\nthe chairperson, secretary or treasurer; or\nthe executive committee.\nThe body corporate must not delegate to the body corporate manager its power to make a decision on a restricted matter within the meaning of section 189 .\nThe body corporate must not, within 3 years of its incorporation, appoint a body corporate manager for a term of more than 3 years.\n(sec.192-ssec.1) A body corporate may appoint a body corporate manager.\n(sec.192-ssec.2) The appointment— must be made in general meeting; and must be in writing; and may be made on the terms determined by the body corporate.\n(sec.192-ssec.3) The body corporate may delegate its powers to the body corporate manager.\n(sec.192-ssec.4) Without limiting subsection (3) , the body corporate may delegate to the body corporate manager powers of— the chairperson, secretary or treasurer; or the executive committee.\n(sec.192-ssec.5) The body corporate must not delegate to the body corporate manager its power to make a decision on a restricted matter within the meaning of section 189 .\n(sec.192-ssec.6) The body corporate must not, within 3 years of its incorporation, appoint a body corporate manager for a term of more than 3 years.\n- (a) must be made in general meeting; and\n- (b) must be in writing; and\n- (c) may be made on the terms determined by the body corporate.\n- (a) the chairperson, secretary or treasurer; or\n- (b) the executive committee.","sortOrder":243},{"sectionNumber":"sec.193","sectionType":"section","heading":"Costs in proceedings by members against body corporate","content":"### sec.193 Costs in proceedings by members against body corporate\n\nIn a proceeding brought by a member against the body corporate, the court may order that an amount (including an amount for costs) payable by the body corporate be paid by the body corporate only in relation to specified members, and in specified proportions, out of contributions levied for the purpose.\nFor the purpose of paying the amount, the body corporate must—\nlevy contributions in accordance with the order; and\npay the amount out of the contributions.\nSection 174 applies, with any necessary modifications, to contributions levied under subsection (2) .\n(sec.193-ssec.1) In a proceeding brought by a member against the body corporate, the court may order that an amount (including an amount for costs) payable by the body corporate be paid by the body corporate only in relation to specified members, and in specified proportions, out of contributions levied for the purpose.\n(sec.193-ssec.2) For the purpose of paying the amount, the body corporate must— levy contributions in accordance with the order; and pay the amount out of the contributions.\n(sec.193-ssec.3) Section 174 applies, with any necessary modifications, to contributions levied under subsection (2) .\n- (a) levy contributions in accordance with the order; and\n- (b) pay the amount out of the contributions.","sortOrder":244},{"sectionNumber":"sec.194","sectionType":"section","heading":"Service of documents on bodies corporate, members and others","content":"### sec.194 Service of documents on bodies corporate, members and others\n\nA summons or other legal process may be served on a body corporate by leaving it with—\nthe chairperson or secretary; or\nanother member of the executive committee.\nA document (other than a document mentioned in subsection (1) ) may be served on the body corporate—\nby leaving it with a person mentioned in subsection (1) ; or\nsending it by post to the body corporate at its address for service.\nNothing in this section—\naffects the operation of another law that authorises the service of a document otherwise than as provided in the section; or\naffects the power of a court or tribunal to authorise service of a document otherwise than as provided in the section.\n(sec.194-ssec.1) A summons or other legal process may be served on a body corporate by leaving it with— the chairperson or secretary; or another member of the executive committee.\n(sec.194-ssec.2) A document (other than a document mentioned in subsection (1) ) may be served on the body corporate— by leaving it with a person mentioned in subsection (1) ; or sending it by post to the body corporate at its address for service.\n(sec.194-ssec.3) Nothing in this section— affects the operation of another law that authorises the service of a document otherwise than as provided in the section; or affects the power of a court or tribunal to authorise service of a document otherwise than as provided in the section.\n- (a) the chairperson or secretary; or\n- (b) another member of the executive committee.\n- (a) by leaving it with a person mentioned in subsection (1) ; or\n- (b) sending it by post to the body corporate at its address for service.\n- (a) affects the operation of another law that authorises the service of a document otherwise than as provided in the section; or\n- (b) affects the power of a court or tribunal to authorise service of a document otherwise than as provided in the section.","sortOrder":245},{"sectionNumber":"sec.195","sectionType":"section","heading":"Power of bodies corporate to convene meetings","content":"### sec.195 Power of bodies corporate to convene meetings\n\nA community body corporate may, at the request of a proprietor or occupier of land or a lot within the site, convene a meeting in relation to any matter of interest to proprietors or occupiers of land or lots within the site.\nA proprietor or occupier of land or a lot within the site may attend and vote at the meeting.\nThe precinct body corporate may, at the request of a proprietor or occupier of land or a lot within a staged use precinct, convene a meeting in relation to any matter of interest to proprietors or occupiers of land or lots within the staged use precinct.\nA proprietor or occupier of land or a lot within the staged use precinct may attend and vote at the meeting.\nThe chairperson of the body corporate must preside at a meeting under subsection (1) or (3) —\nfor the purpose of electing a chairperson of the meeting; and\nuntil the election of a chairperson.\nA meeting convened under subsection (1) or (3) is not a meeting of the body corporate.\n(sec.195-ssec.1) A community body corporate may, at the request of a proprietor or occupier of land or a lot within the site, convene a meeting in relation to any matter of interest to proprietors or occupiers of land or lots within the site.\n(sec.195-ssec.2) A proprietor or occupier of land or a lot within the site may attend and vote at the meeting.\n(sec.195-ssec.3) The precinct body corporate may, at the request of a proprietor or occupier of land or a lot within a staged use precinct, convene a meeting in relation to any matter of interest to proprietors or occupiers of land or lots within the staged use precinct.\n(sec.195-ssec.4) A proprietor or occupier of land or a lot within the staged use precinct may attend and vote at the meeting.\n(sec.195-ssec.5) The chairperson of the body corporate must preside at a meeting under subsection (1) or (3) — for the purpose of electing a chairperson of the meeting; and until the election of a chairperson.\n(sec.195-ssec.6) A meeting convened under subsection (1) or (3) is not a meeting of the body corporate.\n- (a) for the purpose of electing a chairperson of the meeting; and\n- (b) until the election of a chairperson.","sortOrder":246},{"sectionNumber":"sec.196","sectionType":"section","heading":"Establishment of committees","content":"### sec.196 Establishment of committees\n\nNothing in this Act prevents the body corporate from establishing, by resolution in general meeting, a committee—\nto consider any matter referred to it by the body corporate; and\nto report on the matter to the body corporate or executive committee.\n- (a) to consider any matter referred to it by the body corporate; and\n- (b) to report on the matter to the body corporate or executive committee.","sortOrder":247},{"sectionNumber":"sec.197","sectionType":"section","heading":"Agreements between precinct bodies corporate","content":"### sec.197 Agreements between precinct bodies corporate\n\nA precinct body corporate may enter into an agreement with another precinct body corporate in the site in relation to—\nthe precinct property (including the improvements on the precinct property); and\nany personal property vested in the other precinct body corporate.\n- (a) the precinct property (including the improvements on the precinct property); and\n- (b) any personal property vested in the other precinct body corporate.","sortOrder":248},{"sectionNumber":"pt.9-div.5","sectionType":"division","heading":"Increase in membership of community body corporate","content":"## Increase in membership of community body corporate","sortOrder":249},{"sectionNumber":"sec.198","sectionType":"section","heading":"Effect of subdivision of subsequent stage or additional land","content":"### sec.198 Effect of subdivision of subsequent stage or additional land\n\nOn registration of the community plan subdividing a subsequent stage or additional land, the proprietors of community development lots become additional members of the community body corporate created by the community plan that subdivided land within the site.\nFor the purposes of this division and divisions 2 and 4 , on registration of the community plan subdividing a subsequent stage or additional land, the site comprises—\nthe land subdivided; and\nthe other land that formed part of the site before the subdivision of the subsequent stage or additional land.\n(sec.198-ssec.1) On registration of the community plan subdividing a subsequent stage or additional land, the proprietors of community development lots become additional members of the community body corporate created by the community plan that subdivided land within the site.\n(sec.198-ssec.2) For the purposes of this division and divisions 2 and 4 , on registration of the community plan subdividing a subsequent stage or additional land, the site comprises— the land subdivided; and the other land that formed part of the site before the subdivision of the subsequent stage or additional land.\n- (a) the land subdivided; and\n- (b) the other land that formed part of the site before the subdivision of the subsequent stage or additional land.","sortOrder":250},{"sectionNumber":"sec.199","sectionType":"section","heading":"Meeting of community body corporate","content":"### sec.199 Meeting of community body corporate\n\nWithin 3 months after registration of the community plan subdividing a subsequent stage or additional land, the community body corporate must convene a meeting.\nSection 172 applies to the meeting with any necessary modifications.\nFor the purposes of setting the date for subsequent annual general meetings after the meeting mentioned in subsection (1) , the meeting is taken to be the first annual general meeting.\n(sec.199-ssec.1) Within 3 months after registration of the community plan subdividing a subsequent stage or additional land, the community body corporate must convene a meeting.\n(sec.199-ssec.2) Section 172 applies to the meeting with any necessary modifications.\n(sec.199-ssec.3) For the purposes of setting the date for subsequent annual general meetings after the meeting mentioned in subsection (1) , the meeting is taken to be the first annual general meeting.","sortOrder":251},{"sectionNumber":"sec.200","sectionType":"section","heading":"Levies and funds","content":"### sec.200 Levies and funds\n\nWithin 14 days after registration of the community plan subdividing a subsequent stage or additional land, the community body corporate must determine the amounts mentioned in section 177 (1) (i) .\nOn registration of the community plan subdividing a subsequent stage or additional land, the fund of the community body corporate existing at the time continues in existence.\ns 200 amd 2022 No. 28 s 48 sch 1\n(sec.200-ssec.1) Within 14 days after registration of the community plan subdividing a subsequent stage or additional land, the community body corporate must determine the amounts mentioned in section 177 (1) (i) .\n(sec.200-ssec.2) On registration of the community plan subdividing a subsequent stage or additional land, the fund of the community body corporate existing at the time continues in existence.","sortOrder":252},{"sectionNumber":"sec.201","sectionType":"section","heading":"Application of divs 2 and 4","content":"### sec.201 Application of divs 2 and 4\n\nDivisions 2 and 4 apply, with any necessary modifications, to the community body corporate after the registration of the community plan subdividing a subsequent stage or additional land.","sortOrder":253},{"sectionNumber":"pt.9-div.6","sectionType":"division","heading":"Proxies for general meetings of bodies corporate","content":"## Proxies for general meetings of bodies corporate","sortOrder":254},{"sectionNumber":"sec.201A","sectionType":"section","heading":"Application of sdiv 1","content":"### sec.201A Application of sdiv 1\n\nThis subdivision applies to the appointment and use of a proxy to represent a precinct body corporate at a general meeting of the community body corporate of which the precinct body corporate is a member.\ns 201A ins 2011 No. 27 s 302","sortOrder":255},{"sectionNumber":"sec.201B","sectionType":"section","heading":"Appointment [SM, s 107 ]","content":"### sec.201B Appointment [SM, s 107 ]\n\nSubject to subsections (2) to (4) , the precinct body corporate may appoint a proxy to act for it at the general meeting.\nThe community body corporate may by a comprehensive resolution prohibit the use of proxies—\nfor particular things described in the resolution; or\naltogether.\nAn appointment under subsection (1) has effect subject to the operation of a comprehensive resolution under subsection (2) .\nThe appointment of the proxy is effective only if the precinct body corporate or the holder of the proxy gives, by hand, post or facsimile, a properly completed proxy form to the secretary of the community body corporate before—\nthe start of the meeting where the proxy is to be exercised; or\nif the community body corporate has fixed an earlier time by which proxies must be given (that can not, however, be earlier than 24 hours before the time fixed for the meeting)—the earlier time.\ns 201B ins 2011 No. 27 s 302\n(sec.201B-ssec.1) Subject to subsections (2) to (4) , the precinct body corporate may appoint a proxy to act for it at the general meeting.\n(sec.201B-ssec.2) The community body corporate may by a comprehensive resolution prohibit the use of proxies— for particular things described in the resolution; or altogether.\n(sec.201B-ssec.3) An appointment under subsection (1) has effect subject to the operation of a comprehensive resolution under subsection (2) .\n(sec.201B-ssec.4) The appointment of the proxy is effective only if the precinct body corporate or the holder of the proxy gives, by hand, post or facsimile, a properly completed proxy form to the secretary of the community body corporate before— the start of the meeting where the proxy is to be exercised; or if the community body corporate has fixed an earlier time by which proxies must be given (that can not, however, be earlier than 24 hours before the time fixed for the meeting)—the earlier time.\n- (a) for particular things described in the resolution; or\n- (b) altogether.\n- (a) the start of the meeting where the proxy is to be exercised; or\n- (b) if the community body corporate has fixed an earlier time by which proxies must be given (that can not, however, be earlier than 24 hours before the time fixed for the meeting)—the earlier time.","sortOrder":256},{"sectionNumber":"sec.201C","sectionType":"section","heading":"Use of proxy [SM, s 109 ]","content":"### sec.201C Use of proxy [SM, s 109 ]\n\nIf a member of the community body corporate is the proxy for the precinct body corporate, the member may vote both in the member’s own right and also as proxy of the precinct body corporate.\nA vote by proxy must not be exercised on behalf of the precinct body corporate at the general meeting—\nif the precinct body corporate’s nominee is personally present at the meeting, unless the nominee consents at the meeting; or\non a particular motion, if a written or electronic vote has been exercised on the motion on behalf of the precinct body corporate; or\non a ballot for the election of a member of the executive committee of the body corporate, or for otherwise choosing a member of the executive committee; or\nfor voting for a comprehensive resolution prohibiting, wholly or partly, the use of proxies at executive committee meetings or general meetings; or\nfor voting for a majority resolution; or\non a motion approving—\nthe appointment, engagement or authorisation of a person as the body corporate manager, a service contractor or a letting agent; or\nthe amendment or termination of an appointment, engagement or authorisation mentioned in subparagraph (i) ; or\non a motion decided by secret ballot.\ns 201C ins 2011 No. 27 s 302\n(sec.201C-ssec.1) If a member of the community body corporate is the proxy for the precinct body corporate, the member may vote both in the member’s own right and also as proxy of the precinct body corporate.\n(sec.201C-ssec.2) A vote by proxy must not be exercised on behalf of the precinct body corporate at the general meeting— if the precinct body corporate’s nominee is personally present at the meeting, unless the nominee consents at the meeting; or on a particular motion, if a written or electronic vote has been exercised on the motion on behalf of the precinct body corporate; or on a ballot for the election of a member of the executive committee of the body corporate, or for otherwise choosing a member of the executive committee; or for voting for a comprehensive resolution prohibiting, wholly or partly, the use of proxies at executive committee meetings or general meetings; or for voting for a majority resolution; or on a motion approving— the appointment, engagement or authorisation of a person as the body corporate manager, a service contractor or a letting agent; or the amendment or termination of an appointment, engagement or authorisation mentioned in subparagraph (i) ; or on a motion decided by secret ballot.\n- (a) if the precinct body corporate’s nominee is personally present at the meeting, unless the nominee consents at the meeting; or\n- (b) on a particular motion, if a written or electronic vote has been exercised on the motion on behalf of the precinct body corporate; or\n- (c) on a ballot for the election of a member of the executive committee of the body corporate, or for otherwise choosing a member of the executive committee; or\n- (d) for voting for a comprehensive resolution prohibiting, wholly or partly, the use of proxies at executive committee meetings or general meetings; or\n- (e) for voting for a majority resolution; or\n- (f) on a motion approving— (i) the appointment, engagement or authorisation of a person as the body corporate manager, a service contractor or a letting agent; or (ii) the amendment or termination of an appointment, engagement or authorisation mentioned in subparagraph (i) ; or\n- (i) the appointment, engagement or authorisation of a person as the body corporate manager, a service contractor or a letting agent; or\n- (ii) the amendment or termination of an appointment, engagement or authorisation mentioned in subparagraph (i) ; or\n- (g) on a motion decided by secret ballot.\n- (i) the appointment, engagement or authorisation of a person as the body corporate manager, a service contractor or a letting agent; or\n- (ii) the amendment or termination of an appointment, engagement or authorisation mentioned in subparagraph (i) ; or","sortOrder":257},{"sectionNumber":"sec.201D","sectionType":"section","heading":"Special provisions about proxy use [SM, s 110 ]","content":"### sec.201D Special provisions about proxy use [SM, s 110 ]\n\nThe precinct body corporate can not be prevented by contract from exercising a vote at the general meeting, and can not be required by contract to make someone else the precinct body corporate’s proxy for voting at the general meeting.\nA proxy can not be exercised for the precinct body corporate by—\nthe original owner of a precinct development lot; or\na body corporate manager for—\nthe community body corporate; or\nthe precinct body corporate; or\na subsidiary body corporate of the community body corporate or precinct body corporate; or\nan associate of a person mentioned in paragraph (a) or (b) , unless the associate is one of the proprietors constituting a subsidiary body corporate of the precinct body corporate.\ns 201D ins 2011 No. 27 s 302\n(sec.201D-ssec.1) The precinct body corporate can not be prevented by contract from exercising a vote at the general meeting, and can not be required by contract to make someone else the precinct body corporate’s proxy for voting at the general meeting.\n(sec.201D-ssec.2) A proxy can not be exercised for the precinct body corporate by— the original owner of a precinct development lot; or a body corporate manager for— the community body corporate; or the precinct body corporate; or a subsidiary body corporate of the community body corporate or precinct body corporate; or an associate of a person mentioned in paragraph (a) or (b) , unless the associate is one of the proprietors constituting a subsidiary body corporate of the precinct body corporate.\n- (a) the original owner of a precinct development lot; or\n- (b) a body corporate manager for— (i) the community body corporate; or (ii) the precinct body corporate; or (iii) a subsidiary body corporate of the community body corporate or precinct body corporate; or\n- (i) the community body corporate; or\n- (ii) the precinct body corporate; or\n- (iii) a subsidiary body corporate of the community body corporate or precinct body corporate; or\n- (c) an associate of a person mentioned in paragraph (a) or (b) , unless the associate is one of the proprietors constituting a subsidiary body corporate of the precinct body corporate.\n- (i) the community body corporate; or\n- (ii) the precinct body corporate; or\n- (iii) a subsidiary body corporate of the community body corporate or precinct body corporate; or","sortOrder":258},{"sectionNumber":"sec.201E","sectionType":"section","heading":"Offence [SM, s 111 ]","content":"### sec.201E Offence [SM, s 111 ]\n\nA person must not exercise a proxy, or otherwise purport to vote on behalf of the precinct body corporate, at the general meeting knowing that the person does not have the right to exercise the proxy or otherwise vote on behalf of the precinct body corporate.\nMaximum penalty—100 penalty units.\ns 201E ins 2011 No. 27 s 302","sortOrder":259},{"sectionNumber":"sec.201F","sectionType":"section","heading":"Application of sdiv 2","content":"### sec.201F Application of sdiv 2\n\nThis subdivision applies to the appointment and use of a proxy to represent a member of a precinct body corporate at a general meeting of the precinct body corporate.\ns 201F ins 2011 No. 27 s 302","sortOrder":260},{"sectionNumber":"sec.201G","sectionType":"section","heading":"Appointment [SM, s 107 ]","content":"### sec.201G Appointment [SM, s 107 ]\n\nSubject to subsections (2) to (5) , a person entitled to vote at the general meeting may appoint a proxy to act for the person at the general meeting.\nThe precinct body corporate may by a comprehensive resolution prohibit the use of proxies—\nfor particular things described in the resolution; or\naltogether.\nAn appointment under subsection (1) has effect subject to the operation of a comprehensive resolution under subsection (2) .\nA person must not hold—\nif there are 20 or more lots for which there are voting entitlements for the meeting—proxies greater in number than 5% of the lots; or\nif there are fewer than 20 lots for which there are voting entitlements for the meeting—more than 1 proxy.\nThe appointment of the proxy is effective only if the person or the holder of the proxy gives, by hand, post or facsimile, a properly completed proxy form to the secretary of the precinct body corporate before—\nthe start of the meeting where the proxy is to be exercised; or\nif the precinct body corporate has fixed an earlier time by which proxies must be given (that can not, however, be earlier than 24 hours before the time fixed for the meeting)—the earlier time.\ns 201G ins 2011 No. 27 s 302\n(sec.201G-ssec.1) Subject to subsections (2) to (5) , a person entitled to vote at the general meeting may appoint a proxy to act for the person at the general meeting.\n(sec.201G-ssec.2) The precinct body corporate may by a comprehensive resolution prohibit the use of proxies— for particular things described in the resolution; or altogether.\n(sec.201G-ssec.3) An appointment under subsection (1) has effect subject to the operation of a comprehensive resolution under subsection (2) .\n(sec.201G-ssec.4) A person must not hold— if there are 20 or more lots for which there are voting entitlements for the meeting—proxies greater in number than 5% of the lots; or if there are fewer than 20 lots for which there are voting entitlements for the meeting—more than 1 proxy.\n(sec.201G-ssec.5) The appointment of the proxy is effective only if the person or the holder of the proxy gives, by hand, post or facsimile, a properly completed proxy form to the secretary of the precinct body corporate before— the start of the meeting where the proxy is to be exercised; or if the precinct body corporate has fixed an earlier time by which proxies must be given (that can not, however, be earlier than 24 hours before the time fixed for the meeting)—the earlier time.\n- (a) for particular things described in the resolution; or\n- (b) altogether.\n- (a) if there are 20 or more lots for which there are voting entitlements for the meeting—proxies greater in number than 5% of the lots; or\n- (b) if there are fewer than 20 lots for which there are voting entitlements for the meeting—more than 1 proxy.\n- (a) the start of the meeting where the proxy is to be exercised; or\n- (b) if the precinct body corporate has fixed an earlier time by which proxies must be given (that can not, however, be earlier than 24 hours before the time fixed for the meeting)—the earlier time.","sortOrder":261},{"sectionNumber":"sec.201H","sectionType":"section","heading":"Use of proxy [SM, s 109 ]","content":"### sec.201H Use of proxy [SM, s 109 ]\n\nA member of the precinct body corporate ( member A ) who is the proxy for another member of the body corporate ( member B ) may vote both in member A’s own right and also as proxy of member B.\nIf at least 1 co-owner of a lot is present at the general meeting, a proxy given by another co-owner of the lot is of no effect.\nA vote by proxy must not be exercised at the general meeting—\nif the member who gave the proxy is personally present at the meeting, unless the member consents at the meeting; or\non a particular motion, if the person who gave the proxy has exercised a written or electronic vote on the motion; or\non a ballot for the election of a member of the executive committee of the body corporate, or for otherwise choosing a member of the executive committee; or\nfor voting for a comprehensive resolution prohibiting, wholly or partly, the use of proxies at executive committee meetings or general meetings; or\nfor voting for a majority resolution; or\non a motion approving—\nthe appointment, engagement or authorisation of a person as the body corporate manager, a service contractor or a letting agent; or\nthe amendment or termination of an appointment, engagement or authorisation mentioned in subparagraph (i) ; or\non a motion decided by secret ballot.\ns 201H ins 2011 No. 27 s 302\n(sec.201H-ssec.1) A member of the precinct body corporate ( member A ) who is the proxy for another member of the body corporate ( member B ) may vote both in member A’s own right and also as proxy of member B.\n(sec.201H-ssec.2) If at least 1 co-owner of a lot is present at the general meeting, a proxy given by another co-owner of the lot is of no effect.\n(sec.201H-ssec.3) A vote by proxy must not be exercised at the general meeting— if the member who gave the proxy is personally present at the meeting, unless the member consents at the meeting; or on a particular motion, if the person who gave the proxy has exercised a written or electronic vote on the motion; or on a ballot for the election of a member of the executive committee of the body corporate, or for otherwise choosing a member of the executive committee; or for voting for a comprehensive resolution prohibiting, wholly or partly, the use of proxies at executive committee meetings or general meetings; or for voting for a majority resolution; or on a motion approving— the appointment, engagement or authorisation of a person as the body corporate manager, a service contractor or a letting agent; or the amendment or termination of an appointment, engagement or authorisation mentioned in subparagraph (i) ; or on a motion decided by secret ballot.\n- (a) if the member who gave the proxy is personally present at the meeting, unless the member consents at the meeting; or\n- (b) on a particular motion, if the person who gave the proxy has exercised a written or electronic vote on the motion; or\n- (c) on a ballot for the election of a member of the executive committee of the body corporate, or for otherwise choosing a member of the executive committee; or\n- (d) for voting for a comprehensive resolution prohibiting, wholly or partly, the use of proxies at executive committee meetings or general meetings; or\n- (e) for voting for a majority resolution; or\n- (f) on a motion approving— (i) the appointment, engagement or authorisation of a person as the body corporate manager, a service contractor or a letting agent; or (ii) the amendment or termination of an appointment, engagement or authorisation mentioned in subparagraph (i) ; or\n- (i) the appointment, engagement or authorisation of a person as the body corporate manager, a service contractor or a letting agent; or\n- (ii) the amendment or termination of an appointment, engagement or authorisation mentioned in subparagraph (i) ; or\n- (g) on a motion decided by secret ballot.\n- (i) the appointment, engagement or authorisation of a person as the body corporate manager, a service contractor or a letting agent; or\n- (ii) the amendment or termination of an appointment, engagement or authorisation mentioned in subparagraph (i) ; or","sortOrder":262},{"sectionNumber":"sec.201I","sectionType":"section","heading":"Special provisions about proxy use [SM, s 110 ]","content":"### sec.201I Special provisions about proxy use [SM, s 110 ]\n\nA member of the precinct body corporate can not be prevented by contract from exercising a vote at the general meeting, and can not be required by contract to make someone else the member’s proxy for voting at the general meeting.\nA proxy can not be exercised for someone else by—\nthe original owner of a precinct development lot; or\na body corporate manager for—\nthe community body corporate of which the precinct body corporate is a member; or\nthe precinct body corporate; or\na subsidiary body corporate of the community body corporate or precinct body corporate; or\nan associate of a person mentioned in paragraph (a) or (b) , unless the associate is one of the proprietors constituting a body corporate that is itself a member of the precinct body corporate.\ns 201I ins 2011 No. 27 s 302\n(sec.201I-ssec.1) A member of the precinct body corporate can not be prevented by contract from exercising a vote at the general meeting, and can not be required by contract to make someone else the member’s proxy for voting at the general meeting.\n(sec.201I-ssec.2) A proxy can not be exercised for someone else by— the original owner of a precinct development lot; or a body corporate manager for— the community body corporate of which the precinct body corporate is a member; or the precinct body corporate; or a subsidiary body corporate of the community body corporate or precinct body corporate; or an associate of a person mentioned in paragraph (a) or (b) , unless the associate is one of the proprietors constituting a body corporate that is itself a member of the precinct body corporate.\n- (a) the original owner of a precinct development lot; or\n- (b) a body corporate manager for— (i) the community body corporate of which the precinct body corporate is a member; or (ii) the precinct body corporate; or (iii) a subsidiary body corporate of the community body corporate or precinct body corporate; or\n- (i) the community body corporate of which the precinct body corporate is a member; or\n- (ii) the precinct body corporate; or\n- (iii) a subsidiary body corporate of the community body corporate or precinct body corporate; or\n- (c) an associate of a person mentioned in paragraph (a) or (b) , unless the associate is one of the proprietors constituting a body corporate that is itself a member of the precinct body corporate.\n- (i) the community body corporate of which the precinct body corporate is a member; or\n- (ii) the precinct body corporate; or\n- (iii) a subsidiary body corporate of the community body corporate or precinct body corporate; or","sortOrder":263},{"sectionNumber":"sec.201J","sectionType":"section","heading":"Offence [SM, s 111 ]","content":"### sec.201J Offence [SM, s 111 ]\n\nA person must not exercise a proxy, or otherwise purport to vote on behalf of another person, at the general meeting knowing that the person does not have the right to exercise the proxy or otherwise vote on behalf of the other person.\nMaximum penalty—100 penalty units.\ns 201J ins 2011 No. 27 s 302","sortOrder":264},{"sectionNumber":"sec.201K","sectionType":"section","heading":"Form of proxy [SM, s 108 ]","content":"### sec.201K Form of proxy [SM, s 108 ]\n\nA proxy given under this division to represent a person at a general meeting of a body corporate—\nmust be in the approved form; and\nmust be in the English language; and\ncan not be irrevocable; and\ncan not be transferred by the holder of the proxy to a third person; and\nlapses at the end of the body corporate’s financial year or at the end of a shorter period stated in the proxy; and\nmay be given by any person who has the right to vote at the general meeting; and\nsubject to the limitations contained in this division, may be given to any individual; and\nmust appoint a named individual.\ns 201K ins 2011 No. 27 s 302\n- (a) must be in the approved form; and\n- (b) must be in the English language; and\n- (c) can not be irrevocable; and\n- (d) can not be transferred by the holder of the proxy to a third person; and\n- (e) lapses at the end of the body corporate’s financial year or at the end of a shorter period stated in the proxy; and\n- (f) may be given by any person who has the right to vote at the general meeting; and\n- (g) subject to the limitations contained in this division, may be given to any individual; and\n- (h) must appoint a named individual.","sortOrder":265},{"sectionNumber":"sec.201L","sectionType":"section","heading":"How proxy may be exercised [SM, s 109 ]","content":"### sec.201L How proxy may be exercised [SM, s 109 ]\n\nA proxy may be exercised at a general meeting of a body corporate by—\nthe proxy holder voting in a show of hands at the meeting; or\nthe proxy holder completing a written or electronic vote on a motion before the start of, or at, the meeting.\ns 201L ins 2011 No. 27 s 302\n- (a) the proxy holder voting in a show of hands at the meeting; or\n- (b) the proxy holder completing a written or electronic vote on a motion before the start of, or at, the meeting.","sortOrder":266},{"sectionNumber":"pt.9-div.7","sectionType":"division","heading":"Accounts and audit for precinct bodies corporate","content":"## Accounts and audit for precinct bodies corporate","sortOrder":267},{"sectionNumber":"sec.201M","sectionType":"section","heading":"Application of div 7","content":"### sec.201M Application of div 7\n\nThis division applies to a precinct body corporate for preparing a statement of accounts under section 177 (1) (f) .\ns 201M ins 2011 No. 27 s 302","sortOrder":268},{"sectionNumber":"sec.201N","sectionType":"section","heading":"Accounts [SM, s 154 ]","content":"### sec.201N Accounts [SM, s 154 ]\n\nThe statement of accounts may be prepared on a cash or accrual basis.\nIf the accounts are prepared on a cash basis, they must include disclosure of the following—\nthe total amounts paid to the fund established under section 177 (1) (j) and the account established under section 177 (1) (l) ;\ntotal contributions under section 177 (1) (i) and (m) and 193 in arrears;\nbalances for all financial institution accounts and investments;\nall outstanding receipts and payments.\nIf the accounts are prepared on an accrual basis, they must show the assets and liabilities of the precinct body corporate at the end of the financial year for which the accounts are prepared.\nThe statement of accounts must include—\nthe corresponding figures for the previous financial year; and\ndisclosure of all remuneration, allowances or expenses paid to members of the executive committee, identifying the total amounts paid to each member during the financial year under the following categories—\nremuneration or allowances;\nexpenses, split up into travelling, accommodation, meal and other expenses.\nA copy of the statement of accounts must accompany the notice of the annual general meeting first happening after the end of the financial year for which the accounts are prepared.\ns 201N ins 2011 No. 27 s 302\namd 2022 No. 28 s 48 sch 1\n(sec.201N-ssec.1) The statement of accounts may be prepared on a cash or accrual basis.\n(sec.201N-ssec.2) If the accounts are prepared on a cash basis, they must include disclosure of the following— the total amounts paid to the fund established under section 177 (1) (j) and the account established under section 177 (1) (l) ; total contributions under section 177 (1) (i) and (m) and 193 in arrears; balances for all financial institution accounts and investments; all outstanding receipts and payments.\n(sec.201N-ssec.3) If the accounts are prepared on an accrual basis, they must show the assets and liabilities of the precinct body corporate at the end of the financial year for which the accounts are prepared.\n(sec.201N-ssec.4) The statement of accounts must include— the corresponding figures for the previous financial year; and disclosure of all remuneration, allowances or expenses paid to members of the executive committee, identifying the total amounts paid to each member during the financial year under the following categories— remuneration or allowances; expenses, split up into travelling, accommodation, meal and other expenses.\n(sec.201N-ssec.5) A copy of the statement of accounts must accompany the notice of the annual general meeting first happening after the end of the financial year for which the accounts are prepared.\n- (a) the total amounts paid to the fund established under section 177 (1) (j) and the account established under section 177 (1) (l) ;\n- (b) total contributions under section 177 (1) (i) and (m) and 193 in arrears;\n- (c) balances for all financial institution accounts and investments;\n- (d) all outstanding receipts and payments.\n- (a) the corresponding figures for the previous financial year; and\n- (b) disclosure of all remuneration, allowances or expenses paid to members of the executive committee, identifying the total amounts paid to each member during the financial year under the following categories— (i) remuneration or allowances; (ii) expenses, split up into travelling, accommodation, meal and other expenses.\n- (i) remuneration or allowances;\n- (ii) expenses, split up into travelling, accommodation, meal and other expenses.\n- (i) remuneration or allowances;\n- (ii) expenses, split up into travelling, accommodation, meal and other expenses.","sortOrder":269},{"sectionNumber":"sec.201O","sectionType":"section","heading":"Audit [SM, s 155 ]","content":"### sec.201O Audit [SM, s 155 ]\n\nThe precinct body corporate must have its statement of accounts for each financial year of the body corporate audited by an auditor.\nThe auditor to be appointed must be agreed to by ordinary resolution of the precinct body corporate.\nThe motion for agreeing to the auditor to be appointed—\nmust be included in the agenda for the general meeting where the motion is to be considered; and\nmust include the name of the auditor proposed to be appointed.\nAlso, the precinct body corporate may, by ordinary resolution—\nresolve to have its accounting records audited for a particular period or a particular project; and\nappoint an auditor for the audit.\nA member of the executive committee, the body corporate manager, or an associate of a member of the executive committee or body corporate manager, can not be appointed to audit the accounting records or the statement of accounts of the precinct body corporate.\nOn finishing an audit of the precinct body corporate’s statement of accounts for a financial year, the auditor must give a certificate—\nstating whether the statement of accounts gives a true and fair view of the precinct body corporate’s financial affairs; and\nif the statement of accounts does not give a true and fair view of the precinct body corporate’s financial affairs—identifying the deficiencies in the statement.\nA copy of the auditor’s certificate must accompany the notice of the next annual general meeting held after the certificate is given.\nIn this section—\nauditor means—\na person who is a registered company auditor; or\na person who—\nis a member of—\nCPA Australia and entitled to use the letters ‘CPA’ or ‘FCPA’; or\nthe Institute of Chartered Accountants in Australia and entitled to use the letters ‘CA’ or ‘FCA’; or\nthe Institute of Public Accountants and entitled to use the letters ‘MIPA’ or ‘FIPA’; and\nhas a total of 2 years auditing experience, whether or not continuous.\nregistered company auditor means a person registered as an auditor, or taken to be registered as an auditor, under the Corporations Act , part 9.2 .\ns 201O ins 2011 No. 27 s 302\namd 2013 No. 39 s 43 sch 1\n(sec.201O-ssec.1) The precinct body corporate must have its statement of accounts for each financial year of the body corporate audited by an auditor.\n(sec.201O-ssec.2) The auditor to be appointed must be agreed to by ordinary resolution of the precinct body corporate.\n(sec.201O-ssec.3) The motion for agreeing to the auditor to be appointed— must be included in the agenda for the general meeting where the motion is to be considered; and must include the name of the auditor proposed to be appointed.\n(sec.201O-ssec.4) Also, the precinct body corporate may, by ordinary resolution— resolve to have its accounting records audited for a particular period or a particular project; and appoint an auditor for the audit.\n(sec.201O-ssec.5) A member of the executive committee, the body corporate manager, or an associate of a member of the executive committee or body corporate manager, can not be appointed to audit the accounting records or the statement of accounts of the precinct body corporate.\n(sec.201O-ssec.6) On finishing an audit of the precinct body corporate’s statement of accounts for a financial year, the auditor must give a certificate— stating whether the statement of accounts gives a true and fair view of the precinct body corporate’s financial affairs; and if the statement of accounts does not give a true and fair view of the precinct body corporate’s financial affairs—identifying the deficiencies in the statement.\n(sec.201O-ssec.7) A copy of the auditor’s certificate must accompany the notice of the next annual general meeting held after the certificate is given.\n(sec.201O-ssec.8) In this section— auditor means— a person who is a registered company auditor; or a person who— is a member of— CPA Australia and entitled to use the letters ‘CPA’ or ‘FCPA’; or the Institute of Chartered Accountants in Australia and entitled to use the letters ‘CA’ or ‘FCA’; or the Institute of Public Accountants and entitled to use the letters ‘MIPA’ or ‘FIPA’; and has a total of 2 years auditing experience, whether or not continuous. registered company auditor means a person registered as an auditor, or taken to be registered as an auditor, under the Corporations Act , part 9.2 .\n- (a) must be included in the agenda for the general meeting where the motion is to be considered; and\n- (b) must include the name of the auditor proposed to be appointed.\n- (a) resolve to have its accounting records audited for a particular period or a particular project; and\n- (b) appoint an auditor for the audit.\n- (a) stating whether the statement of accounts gives a true and fair view of the precinct body corporate’s financial affairs; and\n- (b) if the statement of accounts does not give a true and fair view of the precinct body corporate’s financial affairs—identifying the deficiencies in the statement.\n- (a) a person who is a registered company auditor; or\n- (b) a person who— (i) is a member of— (A) CPA Australia and entitled to use the letters ‘CPA’ or ‘FCPA’; or (B) the Institute of Chartered Accountants in Australia and entitled to use the letters ‘CA’ or ‘FCA’; or (C) the Institute of Public Accountants and entitled to use the letters ‘MIPA’ or ‘FIPA’; and (ii) has a total of 2 years auditing experience, whether or not continuous.\n- (i) is a member of— (A) CPA Australia and entitled to use the letters ‘CPA’ or ‘FCPA’; or (B) the Institute of Chartered Accountants in Australia and entitled to use the letters ‘CA’ or ‘FCA’; or (C) the Institute of Public Accountants and entitled to use the letters ‘MIPA’ or ‘FIPA’; and\n- (A) CPA Australia and entitled to use the letters ‘CPA’ or ‘FCPA’; or\n- (B) the Institute of Chartered Accountants in Australia and entitled to use the letters ‘CA’ or ‘FCA’; or\n- (C) the Institute of Public Accountants and entitled to use the letters ‘MIPA’ or ‘FIPA’; and\n- (ii) has a total of 2 years auditing experience, whether or not continuous.\n- (i) is a member of— (A) CPA Australia and entitled to use the letters ‘CPA’ or ‘FCPA’; or (B) the Institute of Chartered Accountants in Australia and entitled to use the letters ‘CA’ or ‘FCA’; or (C) the Institute of Public Accountants and entitled to use the letters ‘MIPA’ or ‘FIPA’; and\n- (A) CPA Australia and entitled to use the letters ‘CPA’ or ‘FCPA’; or\n- (B) the Institute of Chartered Accountants in Australia and entitled to use the letters ‘CA’ or ‘FCA’; or\n- (C) the Institute of Public Accountants and entitled to use the letters ‘MIPA’ or ‘FIPA’; and\n- (ii) has a total of 2 years auditing experience, whether or not continuous.\n- (A) CPA Australia and entitled to use the letters ‘CPA’ or ‘FCPA’; or\n- (B) the Institute of Chartered Accountants in Australia and entitled to use the letters ‘CA’ or ‘FCA’; or\n- (C) the Institute of Public Accountants and entitled to use the letters ‘MIPA’ or ‘FIPA’; and","sortOrder":270},{"sectionNumber":"pt.9-div.8","sectionType":"division","heading":"Removal from office of voting members of executive committee for breach of code of conduct","content":"## Removal from office of voting members of executive committee for breach of code of conduct","sortOrder":271},{"sectionNumber":"sec.201P","sectionType":"section","heading":"Notice for breach of code of conduct [SM, s 34 ]","content":"### sec.201P Notice for breach of code of conduct [SM, s 34 ]\n\nIf a body corporate believes a voting member of its executive committee has breached the code of conduct for the member, the body corporate may decide, by ordinary resolution, to give the member a written notice stating each of the following—\nthat the body corporate believes the member has breached a stated provision of the code of conduct;\ndetails sufficient to identify the breach in not more than 600 words;\nthat the member may give any other member of the body corporate, within the stated period of at least 21 days after the member is given the notice, a written response to the notice in not more than 600 words;\nthat, if asked by the member, the body corporate will pay the member all postage charges and copying expenses reasonably incurred by the member in giving a written response under paragraph (c) to any other member of the body corporate;\nthat the body corporate is to consider a motion to remove the member from office for the breach at its next general meeting called after the period mentioned in paragraph (c) ends.\nIf asked by the member, the body corporate must pay the member all postage charges and copying expenses reasonably incurred by the member in giving a written response under subsection (1) (c) to any other member of the body corporate.\ns 201P ins 2011 No. 27 s 302\n(sec.201P-ssec.1) If a body corporate believes a voting member of its executive committee has breached the code of conduct for the member, the body corporate may decide, by ordinary resolution, to give the member a written notice stating each of the following— that the body corporate believes the member has breached a stated provision of the code of conduct; details sufficient to identify the breach in not more than 600 words; that the member may give any other member of the body corporate, within the stated period of at least 21 days after the member is given the notice, a written response to the notice in not more than 600 words; that, if asked by the member, the body corporate will pay the member all postage charges and copying expenses reasonably incurred by the member in giving a written response under paragraph (c) to any other member of the body corporate; that the body corporate is to consider a motion to remove the member from office for the breach at its next general meeting called after the period mentioned in paragraph (c) ends.\n(sec.201P-ssec.2) If asked by the member, the body corporate must pay the member all postage charges and copying expenses reasonably incurred by the member in giving a written response under subsection (1) (c) to any other member of the body corporate.\n- (a) that the body corporate believes the member has breached a stated provision of the code of conduct;\n- (b) details sufficient to identify the breach in not more than 600 words;\n- (c) that the member may give any other member of the body corporate, within the stated period of at least 21 days after the member is given the notice, a written response to the notice in not more than 600 words;\n- (d) that, if asked by the member, the body corporate will pay the member all postage charges and copying expenses reasonably incurred by the member in giving a written response under paragraph (c) to any other member of the body corporate;\n- (e) that the body corporate is to consider a motion to remove the member from office for the breach at its next general meeting called after the period mentioned in paragraph (c) ends.","sortOrder":272},{"sectionNumber":"sec.201Q","sectionType":"section","heading":"Removal of voting member at general meeting [SM, s 35 ]","content":"### sec.201Q Removal of voting member at general meeting [SM, s 35 ]\n\nThis section applies if—\na body corporate gives a voting member of its executive committee a notice under section 201P (1) ; and\nthe period mentioned in section 201P (1) (c) for the notice has ended.\nThe body corporate must—\ninclude on the agenda of its next general meeting, called after the period mentioned in section 201P (1) (c) ends, a motion to remove the member from office for breaching the code of conduct; and\nattach to the agenda a copy of—\nthe notice; and\nif the member has given another member of the body corporate a response under section 201P (1) (c) —the response.\nThe member may be removed from office, by ordinary resolution of the body corporate, at the next general meeting.\ns 201Q ins 2011 No. 27 s 302\n(sec.201Q-ssec.1) This section applies if— a body corporate gives a voting member of its executive committee a notice under section 201P (1) ; and the period mentioned in section 201P (1) (c) for the notice has ended.\n(sec.201Q-ssec.2) The body corporate must— include on the agenda of its next general meeting, called after the period mentioned in section 201P (1) (c) ends, a motion to remove the member from office for breaching the code of conduct; and attach to the agenda a copy of— the notice; and if the member has given another member of the body corporate a response under section 201P (1) (c) —the response.\n(sec.201Q-ssec.3) The member may be removed from office, by ordinary resolution of the body corporate, at the next general meeting.\n- (a) a body corporate gives a voting member of its executive committee a notice under section 201P (1) ; and\n- (b) the period mentioned in section 201P (1) (c) for the notice has ended.\n- (a) include on the agenda of its next general meeting, called after the period mentioned in section 201P (1) (c) ends, a motion to remove the member from office for breaching the code of conduct; and\n- (b) attach to the agenda a copy of— (i) the notice; and (ii) if the member has given another member of the body corporate a response under section 201P (1) (c) —the response.\n- (i) the notice; and\n- (ii) if the member has given another member of the body corporate a response under section 201P (1) (c) —the response.\n- (i) the notice; and\n- (ii) if the member has given another member of the body corporate a response under section 201P (1) (c) —the response.","sortOrder":273},{"sectionNumber":"pt.9A","sectionType":"part","heading":"Conduct of body corporate managers, service contractors and letting agents","content":"# Conduct of body corporate managers, service contractors and letting agents","sortOrder":274},{"sectionNumber":"pt.9A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":275},{"sectionNumber":"sec.201R","sectionType":"section","heading":"Definitions for pt 9A","content":"### sec.201R Definitions for pt 9A\n\nIn this part—\ncaretaking service contractor , for a site or precinct or part of a site or precinct, means a service contractor for the site or precinct or part who is also—\na letting agent for the site or precinct or part; or\nan associate of the letting agent.\ncode contravention notice see section 201Z (1) .\nfinancier see section 201S .\nletting agent see section 201T (1) .\nletting agent authorisation , for a letting agent, means—\nan authorisation given by a community body corporate to the letting agent to conduct a letting agent business for a site; or\nan authorisation given by a precinct body corporate to the letting agent to conduct a letting agent business for a precinct.\nletting agent business see section 201T (2) .\nmanagement rights , of a letting agent for a site or precinct, means—\nthe letting agent business for the site or precinct, including the letting agent’s authorisation; and\nthe business conducted by the letting agent under a service contract for the site or precinct, including the service contract; and\nthe letting agent’s interest in a lot used for conducting a business mentioned in paragraph (a) or (b) ; and\nany right of the letting agent to use and occupy a part of the common property for a business mentioned in paragraph (a) or (b) .\nprecinct includes a part of a precinct.\nreviewable terms , for a service contract, means the terms of the contract that provide for—\nthe functions and powers of the relevant letting agent as a service contractor; or\nthe remuneration payable to the relevant letting agent as a service contractor.\nreview advice , about a service contract, means written advice about whether the contract’s reviewable terms—\nare currently fair and reasonable; and\nif the reviewable terms are not currently fair and reasonable—how the reviewable terms should be changed to ensure they are fair and reasonable.\nservice contract means a contract entered into with a person for the engagement of the person as a service contractor for a site or precinct.\nservice contractor see section 201U .\nsite includes a part of the site.\ntransfer notice see section 201ZB (b) (ii) .\ns 201R ins 2011 No. 27 s 302\n- (a) a letting agent for the site or precinct or part; or\n- (b) an associate of the letting agent.\n- (a) an authorisation given by a community body corporate to the letting agent to conduct a letting agent business for a site; or\n- (b) an authorisation given by a precinct body corporate to the letting agent to conduct a letting agent business for a precinct.\n- (a) the letting agent business for the site or precinct, including the letting agent’s authorisation; and\n- (b) the business conducted by the letting agent under a service contract for the site or precinct, including the service contract; and\n- (c) the letting agent’s interest in a lot used for conducting a business mentioned in paragraph (a) or (b) ; and\n- (d) any right of the letting agent to use and occupy a part of the common property for a business mentioned in paragraph (a) or (b) .\n- (a) the functions and powers of the relevant letting agent as a service contractor; or\n- (b) the remuneration payable to the relevant letting agent as a service contractor.\n- (a) are currently fair and reasonable; and\n- (b) if the reviewable terms are not currently fair and reasonable—how the reviewable terms should be changed to ensure they are fair and reasonable.","sortOrder":276},{"sectionNumber":"sec.201S","sectionType":"section","heading":"Meaning of financier for a letting agent’s contract","content":"### sec.201S Meaning of financier for a letting agent’s contract\n\nA person is a financier for a contract under which a letting agent is authorised by a body corporate if the letting agent and the person give written notice signed by each of them to the body corporate that the person is a financier for the contract.\nA person stops being a financier for the contract if the person gives the body corporate a written notice withdrawing the notice given under subsection (1) .\nA notice under subsection (2) may be given without the letting agent’s agreement.\nHowever, a person is a financier for the contract only if—\nthe person is a financial institution; or\nthe person, in the ordinary course of the person’s business, supplies, or might reasonably be expected to supply, finance for business acquisitions, using charges over contracts as the whole or part of the person’s security for supplying the finance; or\nat the time the person supplied finance for a business acquisition using a charge over the contract as the whole or part of the person’s security, the person was a person to whom paragraph (b) would have applied.\ns 201S ins 2011 No. 27 s 302\n(sec.201S-ssec.1) A person is a financier for a contract under which a letting agent is authorised by a body corporate if the letting agent and the person give written notice signed by each of them to the body corporate that the person is a financier for the contract.\n(sec.201S-ssec.2) A person stops being a financier for the contract if the person gives the body corporate a written notice withdrawing the notice given under subsection (1) .\n(sec.201S-ssec.3) A notice under subsection (2) may be given without the letting agent’s agreement.\n(sec.201S-ssec.4) However, a person is a financier for the contract only if— the person is a financial institution; or the person, in the ordinary course of the person’s business, supplies, or might reasonably be expected to supply, finance for business acquisitions, using charges over contracts as the whole or part of the person’s security for supplying the finance; or at the time the person supplied finance for a business acquisition using a charge over the contract as the whole or part of the person’s security, the person was a person to whom paragraph (b) would have applied.\n- (a) the person is a financial institution; or\n- (b) the person, in the ordinary course of the person’s business, supplies, or might reasonably be expected to supply, finance for business acquisitions, using charges over contracts as the whole or part of the person’s security for supplying the finance; or\n- (c) at the time the person supplied finance for a business acquisition using a charge over the contract as the whole or part of the person’s security, the person was a person to whom paragraph (b) would have applied.","sortOrder":277},{"sectionNumber":"sec.201T","sectionType":"section","heading":"Meaning of letting agent and letting agent business","content":"### sec.201T Meaning of letting agent and letting agent business\n\nA person is a letting agent if—\na community body corporate authorises the person to conduct a letting agent business for a site; or\na precinct body corporate authorises the person to conduct a letting agent business for a precinct.\nA person conducts a letting agent business for a site or precinct if—\nthe person conducts, subject to the Property Occupations Act 2014 , the business of acting as the agent of the owners of 1 or more lots included in the site or precinct; and\nthe owners choose to use the person’s services for securing, negotiating or enforcing (including collecting rents or tariffs for) leases or other occupancies of lots included in the site or precinct.\nIt is not relevant to the identification of a person as a letting agent under this section that the person also conducts an ancillary business or other activity.\nvideo hire, linen hire, agency for tour operator\ns 201T ins 2011 No. 27 s 302\namd 2014 No. 22 s 287 sch 2 pt 2\n(sec.201T-ssec.1) A person is a letting agent if— a community body corporate authorises the person to conduct a letting agent business for a site; or a precinct body corporate authorises the person to conduct a letting agent business for a precinct.\n(sec.201T-ssec.2) A person conducts a letting agent business for a site or precinct if— the person conducts, subject to the Property Occupations Act 2014 , the business of acting as the agent of the owners of 1 or more lots included in the site or precinct; and the owners choose to use the person’s services for securing, negotiating or enforcing (including collecting rents or tariffs for) leases or other occupancies of lots included in the site or precinct.\n(sec.201T-ssec.3) It is not relevant to the identification of a person as a letting agent under this section that the person also conducts an ancillary business or other activity. video hire, linen hire, agency for tour operator\n- (a) a community body corporate authorises the person to conduct a letting agent business for a site; or\n- (b) a precinct body corporate authorises the person to conduct a letting agent business for a precinct.\n- (a) the person conducts, subject to the Property Occupations Act 2014 , the business of acting as the agent of the owners of 1 or more lots included in the site or precinct; and\n- (b) the owners choose to use the person’s services for securing, negotiating or enforcing (including collecting rents or tariffs for) leases or other occupancies of lots included in the site or precinct.","sortOrder":278},{"sectionNumber":"sec.201U","sectionType":"section","heading":"Meaning of service contractor for site or precinct","content":"### sec.201U Meaning of service contractor for site or precinct\n\nA person is a service contractor for a site or precinct if—\nthe person is engaged by the community body corporate for the site or precinct body corporate for the precinct to supply services to the body corporate for the benefit of the common property or lots included in the site or precinct; and\nthe person is not an employee of the community body corporate or precinct body corporate; and\nthe services do not include administrative services; and\nthe term of the engagement is at least 1 year.\ncaretaking services, pool cleaning services\ns 201U ins 2011 No. 27 s 302\n- (a) the person is engaged by the community body corporate for the site or precinct body corporate for the precinct to supply services to the body corporate for the benefit of the common property or lots included in the site or precinct; and\n- (b) the person is not an employee of the community body corporate or precinct body corporate; and\n- (c) the services do not include administrative services; and\n- (d) the term of the engagement is at least 1 year.","sortOrder":279},{"sectionNumber":"pt.9A-div.2","sectionType":"division","heading":"Codes of conduct","content":"## Codes of conduct","sortOrder":280},{"sectionNumber":"sec.201V","sectionType":"section","heading":"Code of conduct for body corporate manager and caretaking service contractor","content":"### sec.201V Code of conduct for body corporate manager and caretaking service contractor\n\nThe code of conduct in schedule 3 applies to—\na body corporate manager appointed by a community body corporate or precinct body corporate in performing obligations under the person’s appointment; and\na caretaking service contractor engaged by a community body corporate or precinct body corporate in performing obligations for a site or precinct under the person’s engagement.\nCompliance with the provisions of the code is taken to be a condition of the instrument of appointment or the contract providing for the person’s engagement.\nIf there is an inconsistency between a provision of the code and a provision in the instrument of appointment or contract, the provision of the code prevails.\nIn this section—\ninstrument of appointment , in relation to a person’s appointment as a body corporate manager, includes a contract or other document relating to the appointment.\ns 201V ins 2011 No. 27 s 302\n(sec.201V-ssec.1) The code of conduct in schedule 3 applies to— a body corporate manager appointed by a community body corporate or precinct body corporate in performing obligations under the person’s appointment; and a caretaking service contractor engaged by a community body corporate or precinct body corporate in performing obligations for a site or precinct under the person’s engagement.\n(sec.201V-ssec.2) Compliance with the provisions of the code is taken to be a condition of the instrument of appointment or the contract providing for the person’s engagement.\n(sec.201V-ssec.3) If there is an inconsistency between a provision of the code and a provision in the instrument of appointment or contract, the provision of the code prevails.\n(sec.201V-ssec.4) In this section— instrument of appointment , in relation to a person’s appointment as a body corporate manager, includes a contract or other document relating to the appointment.\n- (a) a body corporate manager appointed by a community body corporate or precinct body corporate in performing obligations under the person’s appointment; and\n- (b) a caretaking service contractor engaged by a community body corporate or precinct body corporate in performing obligations for a site or precinct under the person’s engagement.","sortOrder":281},{"sectionNumber":"sec.201W","sectionType":"section","heading":"Code of conduct for letting agent","content":"### sec.201W Code of conduct for letting agent\n\nThe code of conduct in schedule 4 applies to—\na letting agent authorised by a community body corporate to conduct a letting agent business for a site; and\na letting agent authorised by a precinct body corporate to conduct a letting agent business for a precinct.\ns 201W ins 2011 No. 27 s 302\n- (a) a letting agent authorised by a community body corporate to conduct a letting agent business for a site; and\n- (b) a letting agent authorised by a precinct body corporate to conduct a letting agent business for a precinct.","sortOrder":282},{"sectionNumber":"pt.9A-div.3","sectionType":"division","heading":"Required transfer of management rights for contravention of code of conduct","content":"## Required transfer of management rights for contravention of code of conduct","sortOrder":283},{"sectionNumber":"sec.201X","sectionType":"section","heading":"Application of div 3","content":"### sec.201X Application of div 3\n\nThis division applies for transferring the management rights of a letting agent—\nauthorised by a community body corporate to conduct a letting agent business for a site; or\nauthorised by a precinct body corporate to conduct a letting agent business for a precinct.\nHowever, this division does not apply to a letting agent for conducting a letting agent business or a part of a letting agent business for a site or precinct for which a serviced strata arrangement or scheme under the Corporations Act is in operation.\ns 201X ins 2011 No. 27 s 302\n(sec.201X-ssec.1) This division applies for transferring the management rights of a letting agent— authorised by a community body corporate to conduct a letting agent business for a site; or authorised by a precinct body corporate to conduct a letting agent business for a precinct.\n(sec.201X-ssec.2) However, this division does not apply to a letting agent for conducting a letting agent business or a part of a letting agent business for a site or precinct for which a serviced strata arrangement or scheme under the Corporations Act is in operation.\n- (a) authorised by a community body corporate to conduct a letting agent business for a site; or\n- (b) authorised by a precinct body corporate to conduct a letting agent business for a precinct.","sortOrder":284},{"sectionNumber":"sec.201Y","sectionType":"section","heading":"Effect of div 3 on other provisions","content":"### sec.201Y Effect of div 3 on other provisions\n\nThe provisions of a letting agent authorisation or service contract providing for its transfer or termination are void to the extent the provisions are inconsistent with this division.\ns 201Y ins 2011 No. 27 s 302","sortOrder":285},{"sectionNumber":"sec.201Z","sectionType":"section","heading":"Code contravention notice","content":"### sec.201Z Code contravention notice\n\nThe body corporate must, if required by an ordinary resolution decided by secret ballot, give the letting agent a signed notice under this section (a code contravention notice ).\nThe code contravention notice must state—\nthat the body corporate believes the letting agent has contravened, or is contravening, a provision of—\nthe code of conduct for letting agents; or\nthe code of conduct for body corporate managers and caretaking service contractors; and\nthe provision the body corporate believes has been, or is being, contravened; and\ndetails sufficient to identify the contravention; and\na reasonable period within which the letting agent must remedy the contravention; and\nthat the body corporate may, without further notice, give the letting agent a transfer notice if—\nthe letting agent does not comply with the code contravention notice; or\nthe body corporate reasonably believes the letting agent, after being given the code contravention notice, has contravened a provision of a code mentioned in paragraph (a) .\ns 201Z ins 2011 No. 27 s 302\n(sec.201Z-ssec.1) The body corporate must, if required by an ordinary resolution decided by secret ballot, give the letting agent a signed notice under this section (a code contravention notice ).\n(sec.201Z-ssec.2) The code contravention notice must state— that the body corporate believes the letting agent has contravened, or is contravening, a provision of— the code of conduct for letting agents; or the code of conduct for body corporate managers and caretaking service contractors; and the provision the body corporate believes has been, or is being, contravened; and details sufficient to identify the contravention; and a reasonable period within which the letting agent must remedy the contravention; and that the body corporate may, without further notice, give the letting agent a transfer notice if— the letting agent does not comply with the code contravention notice; or the body corporate reasonably believes the letting agent, after being given the code contravention notice, has contravened a provision of a code mentioned in paragraph (a) .\n- (a) that the body corporate believes the letting agent has contravened, or is contravening, a provision of— (i) the code of conduct for letting agents; or (ii) the code of conduct for body corporate managers and caretaking service contractors; and\n- (i) the code of conduct for letting agents; or\n- (ii) the code of conduct for body corporate managers and caretaking service contractors; and\n- (b) the provision the body corporate believes has been, or is being, contravened; and\n- (c) details sufficient to identify the contravention; and\n- (d) a reasonable period within which the letting agent must remedy the contravention; and\n- (e) that the body corporate may, without further notice, give the letting agent a transfer notice if— (i) the letting agent does not comply with the code contravention notice; or (ii) the body corporate reasonably believes the letting agent, after being given the code contravention notice, has contravened a provision of a code mentioned in paragraph (a) .\n- (i) the letting agent does not comply with the code contravention notice; or\n- (ii) the body corporate reasonably believes the letting agent, after being given the code contravention notice, has contravened a provision of a code mentioned in paragraph (a) .\n- (i) the code of conduct for letting agents; or\n- (ii) the code of conduct for body corporate managers and caretaking service contractors; and\n- (i) the letting agent does not comply with the code contravention notice; or\n- (ii) the body corporate reasonably believes the letting agent, after being given the code contravention notice, has contravened a provision of a code mentioned in paragraph (a) .","sortOrder":286},{"sectionNumber":"sec.201ZA","sectionType":"section","heading":"Grounds for requiring transfer","content":"### sec.201ZA Grounds for requiring transfer\n\nThe body corporate may require the transfer of the letting agent’s management rights under this division only if the requirement is based on either of the following grounds—\nthe letting agent failed to comply with a code contravention notice;\nthe body corporate reasonably believes the letting agent, after being given the notice, contravened a provision of—\nthe code of conduct for letting agents; or\nthe code of conduct for body corporate managers and caretaking service contractors.\ns 201ZA ins 2011 No. 27 s 302\n- (a) the letting agent failed to comply with a code contravention notice;\n- (b) the body corporate reasonably believes the letting agent, after being given the notice, contravened a provision of— (i) the code of conduct for letting agents; or (ii) the code of conduct for body corporate managers and caretaking service contractors.\n- (i) the code of conduct for letting agents; or\n- (ii) the code of conduct for body corporate managers and caretaking service contractors.\n- (i) the code of conduct for letting agents; or\n- (ii) the code of conduct for body corporate managers and caretaking service contractors.","sortOrder":287},{"sectionNumber":"sec.201ZB","sectionType":"section","heading":"Requirement for transfer","content":"### sec.201ZB Requirement for transfer\n\nThe letting agent must transfer the letting agent’s management rights for the site or precinct if—\na ground under section 201ZA exists for the body corporate to require the transfer; and\nthe body corporate—\nby majority resolution, decided by secret ballot, requires the transfer; and\ngives written notice of the requirement (the transfer notice ) to the letting agent.\ns 201ZB ins 2011 No. 27 s 302\n- (a) a ground under section 201ZA exists for the body corporate to require the transfer; and\n- (b) the body corporate— (i) by majority resolution, decided by secret ballot, requires the transfer; and (ii) gives written notice of the requirement (the transfer notice ) to the letting agent.\n- (i) by majority resolution, decided by secret ballot, requires the transfer; and\n- (ii) gives written notice of the requirement (the transfer notice ) to the letting agent.\n- (i) by majority resolution, decided by secret ballot, requires the transfer; and\n- (ii) gives written notice of the requirement (the transfer notice ) to the letting agent.","sortOrder":288},{"sectionNumber":"sec.201ZC","sectionType":"section","heading":"Transfer—letting agent’s choice of transferee","content":"### sec.201ZC Transfer—letting agent’s choice of transferee\n\nThe letting agent must transfer the management rights—\nwithin the following period after the transfer notice is given to the letting agent—\nif section 201ZH does not apply—9 months;\nif section 201ZH applies—11 months; and\nto a person, other than an associate of the letting agent, chosen by the letting agent and approved by the body corporate.\nFor deciding whether to approve a person under subsection (1) (b) , the body corporate—\nmust act reasonably and as quickly as practicable; and\nmay have regard only to the person’s—\ncharacter; and\nfinancial standing; and\ncompetence, qualifications and experience.\nHowever, the body corporate must not—\nunreasonably withhold approval of the person; or\nrequire or receive a fee or other consideration for approving the person, other than reimbursement for legal expenses reasonably incurred by the body corporate in relation to a request for the approval.\nMaximum penalty—50 penalty units.\nIf the letting agent transfers the management rights to a person who is not approved by the body corporate, the transfer is of no effect.\ns 201ZC ins 2011 No. 27 s 302\n(sec.201ZC-ssec.1) The letting agent must transfer the management rights— within the following period after the transfer notice is given to the letting agent— if section 201ZH does not apply—9 months; if section 201ZH applies—11 months; and to a person, other than an associate of the letting agent, chosen by the letting agent and approved by the body corporate.\n(sec.201ZC-ssec.2) For deciding whether to approve a person under subsection (1) (b) , the body corporate— must act reasonably and as quickly as practicable; and may have regard only to the person’s— character; and financial standing; and competence, qualifications and experience.\n(sec.201ZC-ssec.3) However, the body corporate must not— unreasonably withhold approval of the person; or require or receive a fee or other consideration for approving the person, other than reimbursement for legal expenses reasonably incurred by the body corporate in relation to a request for the approval. Maximum penalty—50 penalty units.\n(sec.201ZC-ssec.4) If the letting agent transfers the management rights to a person who is not approved by the body corporate, the transfer is of no effect.\n- (a) within the following period after the transfer notice is given to the letting agent— (i) if section 201ZH does not apply—9 months; (ii) if section 201ZH applies—11 months; and\n- (i) if section 201ZH does not apply—9 months;\n- (ii) if section 201ZH applies—11 months; and\n- (b) to a person, other than an associate of the letting agent, chosen by the letting agent and approved by the body corporate.\n- (i) if section 201ZH does not apply—9 months;\n- (ii) if section 201ZH applies—11 months; and\n- (a) must act reasonably and as quickly as practicable; and\n- (b) may have regard only to the person’s— (i) character; and (ii) financial standing; and (iii) competence, qualifications and experience.\n- (i) character; and\n- (ii) financial standing; and\n- (iii) competence, qualifications and experience.\n- (i) character; and\n- (ii) financial standing; and\n- (iii) competence, qualifications and experience.\n- (a) unreasonably withhold approval of the person; or\n- (b) require or receive a fee or other consideration for approving the person, other than reimbursement for legal expenses reasonably incurred by the body corporate in relation to a request for the approval.","sortOrder":289},{"sectionNumber":"sec.201ZD","sectionType":"section","heading":"Giving financier copy of transfer notice","content":"### sec.201ZD Giving financier copy of transfer notice\n\nWhen the body corporate gives the transfer notice to the letting agent, the body corporate must give a copy of it to each person who is a financier for the contract under which the letting agent is authorised as the letting agent.\ns 201ZD ins 2011 No. 27 s 302","sortOrder":290},{"sectionNumber":"sec.201ZE","sectionType":"section","heading":"Transfer—body corporate’s choice of transferee","content":"### sec.201ZE Transfer—body corporate’s choice of transferee\n\nIf the letting agent does not transfer the management rights as required under section 201ZC , the letting agent must transfer the management rights—\nto a replacement letting agent chosen by the executive committee of the body corporate and named in a written notice given by the committee to the letting agent; and\nat the price stated in the notice; and\nwithin the period, of at least 2 months after the notice is given, stated in the notice.\nThe price stated must be 1 of the following—\nthe average of 2 valuations, obtained by the body corporate from 2 independent registered valuers, stating the value of the management rights;\nthe highest bid for the management rights, excluding a bid by the letting agent or an associate of the letting agent, made at an auction—\nconducted at the request of the body corporate; and\nof which at least 60 days notice was given;\nthe highest amount tendered, excluding a tender by the letting agent or an associate of the letting agent, for the management rights after reasonable efforts have been made by the body corporate to market the management rights for at least 60 days.\nThe letting agent must pay the body corporate, from the proceeds of the sale, the reasonable costs incurred by the body corporate under subsection (2) .\nIf the letting agent does not transfer the management rights as required under this section, it is a ground for giving the letting agent a remedial action notice under section 201ZM .\ns 201ZE ins 2011 No. 27 s 302\n(sec.201ZE-ssec.1) If the letting agent does not transfer the management rights as required under section 201ZC , the letting agent must transfer the management rights— to a replacement letting agent chosen by the executive committee of the body corporate and named in a written notice given by the committee to the letting agent; and at the price stated in the notice; and within the period, of at least 2 months after the notice is given, stated in the notice.\n(sec.201ZE-ssec.2) The price stated must be 1 of the following— the average of 2 valuations, obtained by the body corporate from 2 independent registered valuers, stating the value of the management rights; the highest bid for the management rights, excluding a bid by the letting agent or an associate of the letting agent, made at an auction— conducted at the request of the body corporate; and of which at least 60 days notice was given; the highest amount tendered, excluding a tender by the letting agent or an associate of the letting agent, for the management rights after reasonable efforts have been made by the body corporate to market the management rights for at least 60 days.\n(sec.201ZE-ssec.3) The letting agent must pay the body corporate, from the proceeds of the sale, the reasonable costs incurred by the body corporate under subsection (2) . If the letting agent does not transfer the management rights as required under this section, it is a ground for giving the letting agent a remedial action notice under section 201ZM .\n- (a) to a replacement letting agent chosen by the executive committee of the body corporate and named in a written notice given by the committee to the letting agent; and\n- (b) at the price stated in the notice; and\n- (c) within the period, of at least 2 months after the notice is given, stated in the notice.\n- (a) the average of 2 valuations, obtained by the body corporate from 2 independent registered valuers, stating the value of the management rights;\n- (b) the highest bid for the management rights, excluding a bid by the letting agent or an associate of the letting agent, made at an auction— (i) conducted at the request of the body corporate; and (ii) of which at least 60 days notice was given;\n- (i) conducted at the request of the body corporate; and\n- (ii) of which at least 60 days notice was given;\n- (c) the highest amount tendered, excluding a tender by the letting agent or an associate of the letting agent, for the management rights after reasonable efforts have been made by the body corporate to market the management rights for at least 60 days.\n- (i) conducted at the request of the body corporate; and\n- (ii) of which at least 60 days notice was given;","sortOrder":291},{"sectionNumber":"sec.201ZF","sectionType":"section","heading":"Terms of service contract on transfer","content":"### sec.201ZF Terms of service contract on transfer\n\nThis section applies to a service contract (the transferred service contract ) transferred to a person (the transferee ) under section 201ZC or 201ZE .\nUnless the body corporate and transferee agree otherwise, the terms of the transferred service contract are—\nthe terms applying to the service contract under subsection (3) ; or\nif subsection (3) does not apply—the terms applying to the service contract immediately before the transfer (the existing terms ).\nThe terms of the transferred service contract are the existing terms as changed under a review advice about the contract if—\nthe review advice states how the contract’s reviewable terms should be changed to ensure they are fair and reasonable; and\nthe body corporate gave the letting agent a copy of the review advice as required under section 201ZJ (1) .\ns 201ZF ins 2011 No. 27 s 302\n(sec.201ZF-ssec.1) This section applies to a service contract (the transferred service contract ) transferred to a person (the transferee ) under section 201ZC or 201ZE .\n(sec.201ZF-ssec.2) Unless the body corporate and transferee agree otherwise, the terms of the transferred service contract are— the terms applying to the service contract under subsection (3) ; or if subsection (3) does not apply—the terms applying to the service contract immediately before the transfer (the existing terms ).\n(sec.201ZF-ssec.3) The terms of the transferred service contract are the existing terms as changed under a review advice about the contract if— the review advice states how the contract’s reviewable terms should be changed to ensure they are fair and reasonable; and the body corporate gave the letting agent a copy of the review advice as required under section 201ZJ (1) .\n- (a) the terms applying to the service contract under subsection (3) ; or\n- (b) if subsection (3) does not apply—the terms applying to the service contract immediately before the transfer (the existing terms ).\n- (a) the review advice states how the contract’s reviewable terms should be changed to ensure they are fair and reasonable; and\n- (b) the body corporate gave the letting agent a copy of the review advice as required under section 201ZJ (1) .","sortOrder":292},{"sectionNumber":"sec.201ZG","sectionType":"section","heading":"Replacement of letting agent authorisation and service contract in particular circumstances","content":"### sec.201ZG Replacement of letting agent authorisation and service contract in particular circumstances\n\nThis section applies if the remainder of the term of the letting agent’s authorisation (the transferred authorisation ), including any rights or options of extension or renewal, is less than 7 years when transferred to a person (the transferee ) under this division.\nA letting agent’s authorisation is given for a term of 5 years with 4 rights of renewal of 5 years each and 5 years have expired. The remainder of the term is therefore 20 years and this section does not apply.\nOn the transfer—\nthe transferred authorisation and any service contract (the transferred service contract ) forming part of the transferred management rights terminate; and\nthe body corporate must—\nauthorise the transferee to conduct a letting agent business for the site or precinct to which the transferred authorisation related; and\nif a service contract formed part of the transferred management rights—engage the transferee as a service contractor.\nThe authorisation and engagement must be given for a term of 9 years starting immediately after the transfer.\nSubject to subsection (3) —\nthe authorisation must be given on the terms applying to the transferred authorisation immediately before the transfer; and\nunless the body corporate and transferee agree otherwise, the engagement must be given on—\nthe terms applying to the transferred service contract under subsection (5) ; or\nif subsection (5) does not apply—the terms applying to the transferred service contract immediately before the transfer (the existing terms ).\nThe engagement must be given on the existing terms of the transferred service contract as changed under a review advice about the contract if—\nthe review advice states how the contract’s reviewable terms should be changed to ensure they are fair and reasonable; and\nthe body corporate gave the letting agent a copy of the review advice as required under section 201ZJ (1) .\ns 201ZG ins 2011 No. 27 s 302\n(sec.201ZG-ssec.1) This section applies if the remainder of the term of the letting agent’s authorisation (the transferred authorisation ), including any rights or options of extension or renewal, is less than 7 years when transferred to a person (the transferee ) under this division. A letting agent’s authorisation is given for a term of 5 years with 4 rights of renewal of 5 years each and 5 years have expired. The remainder of the term is therefore 20 years and this section does not apply.\n(sec.201ZG-ssec.2) On the transfer— the transferred authorisation and any service contract (the transferred service contract ) forming part of the transferred management rights terminate; and the body corporate must— authorise the transferee to conduct a letting agent business for the site or precinct to which the transferred authorisation related; and if a service contract formed part of the transferred management rights—engage the transferee as a service contractor.\n(sec.201ZG-ssec.3) The authorisation and engagement must be given for a term of 9 years starting immediately after the transfer.\n(sec.201ZG-ssec.4) Subject to subsection (3) — the authorisation must be given on the terms applying to the transferred authorisation immediately before the transfer; and unless the body corporate and transferee agree otherwise, the engagement must be given on— the terms applying to the transferred service contract under subsection (5) ; or if subsection (5) does not apply—the terms applying to the transferred service contract immediately before the transfer (the existing terms ).\n(sec.201ZG-ssec.5) The engagement must be given on the existing terms of the transferred service contract as changed under a review advice about the contract if— the review advice states how the contract’s reviewable terms should be changed to ensure they are fair and reasonable; and the body corporate gave the letting agent a copy of the review advice as required under section 201ZJ (1) .\n- (a) the transferred authorisation and any service contract (the transferred service contract ) forming part of the transferred management rights terminate; and\n- (b) the body corporate must— (i) authorise the transferee to conduct a letting agent business for the site or precinct to which the transferred authorisation related; and (ii) if a service contract formed part of the transferred management rights—engage the transferee as a service contractor.\n- (i) authorise the transferee to conduct a letting agent business for the site or precinct to which the transferred authorisation related; and\n- (ii) if a service contract formed part of the transferred management rights—engage the transferee as a service contractor.\n- (i) authorise the transferee to conduct a letting agent business for the site or precinct to which the transferred authorisation related; and\n- (ii) if a service contract formed part of the transferred management rights—engage the transferee as a service contractor.\n- (a) the authorisation must be given on the terms applying to the transferred authorisation immediately before the transfer; and\n- (b) unless the body corporate and transferee agree otherwise, the engagement must be given on— (i) the terms applying to the transferred service contract under subsection (5) ; or (ii) if subsection (5) does not apply—the terms applying to the transferred service contract immediately before the transfer (the existing terms ).\n- (i) the terms applying to the transferred service contract under subsection (5) ; or\n- (ii) if subsection (5) does not apply—the terms applying to the transferred service contract immediately before the transfer (the existing terms ).\n- (i) the terms applying to the transferred service contract under subsection (5) ; or\n- (ii) if subsection (5) does not apply—the terms applying to the transferred service contract immediately before the transfer (the existing terms ).\n- (a) the review advice states how the contract’s reviewable terms should be changed to ensure they are fair and reasonable; and\n- (b) the body corporate gave the letting agent a copy of the review advice as required under section 201ZJ (1) .","sortOrder":293},{"sectionNumber":"sec.201ZH","sectionType":"section","heading":"Reviewing terms of service contract","content":"### sec.201ZH Reviewing terms of service contract\n\nThis section applies if—\nthe letting agent’s management rights include a service contract; and\nwhen the body corporate passes the majority resolution mentioned in section 201ZB , the body corporate also passes, by ordinary resolution, a motion (a review motion ) that a review advice about the service contract be obtained.\nWithin 1 month after the review motion is passed, the body corporate must obtain the review advice from an independent appropriate person.\na person who, in the ordinary course of the person’s business, has knowledge of the functions and powers of service contractors and the remuneration for performing the functions and powers\nThe review advice must be based on the review criteria stated in section 201ZI .\nThis section applies to the contract even if the contract also provides for either or both of the following—\nthe letting agent’s engagement as a body corporate manager;\nthe letting agent’s authorisation as a letting agent.\ns 201ZH ins 2011 No. 27 s 302\n(sec.201ZH-ssec.1) This section applies if— the letting agent’s management rights include a service contract; and when the body corporate passes the majority resolution mentioned in section 201ZB , the body corporate also passes, by ordinary resolution, a motion (a review motion ) that a review advice about the service contract be obtained.\n(sec.201ZH-ssec.2) Within 1 month after the review motion is passed, the body corporate must obtain the review advice from an independent appropriate person. a person who, in the ordinary course of the person’s business, has knowledge of the functions and powers of service contractors and the remuneration for performing the functions and powers\n(sec.201ZH-ssec.3) The review advice must be based on the review criteria stated in section 201ZI .\n(sec.201ZH-ssec.4) This section applies to the contract even if the contract also provides for either or both of the following— the letting agent’s engagement as a body corporate manager; the letting agent’s authorisation as a letting agent.\n- (a) the letting agent’s management rights include a service contract; and\n- (b) when the body corporate passes the majority resolution mentioned in section 201ZB , the body corporate also passes, by ordinary resolution, a motion (a review motion ) that a review advice about the service contract be obtained.\n- (a) the letting agent’s engagement as a body corporate manager;\n- (b) the letting agent’s authorisation as a letting agent.","sortOrder":294},{"sectionNumber":"sec.201ZI","sectionType":"section","heading":"Review criteria","content":"### sec.201ZI Review criteria\n\nThe review criteria are each of the following—\nthe appropriateness of the reviewable terms for the service contract for achieving a fair and reasonable balance between the interests of the body corporate and service contractor;\nwhether the reviewable terms impose conditions that—\nare unreasonably difficult to comply with; or\nare not necessary and reasonable for the protection of the legitimate interests of the body corporate or service contractor;\nthe consequences of complying with, or contravening, the reviewable terms and whether the consequences are unfairly harsh or beneficial to the body corporate or service contractor;\nwhether the reviewable terms are appropriate for the site or precinct;\nthe term of the engagement as service contractor and the period of the term remaining.\nThe review criterion mentioned in subsection (1) (d) is to be applied having regard, in particular, to the nature, features and characteristics of the site or precinct.\ns 201ZI ins 2011 No. 27 s 302\n(sec.201ZI-ssec.1) The review criteria are each of the following— the appropriateness of the reviewable terms for the service contract for achieving a fair and reasonable balance between the interests of the body corporate and service contractor; whether the reviewable terms impose conditions that— are unreasonably difficult to comply with; or are not necessary and reasonable for the protection of the legitimate interests of the body corporate or service contractor; the consequences of complying with, or contravening, the reviewable terms and whether the consequences are unfairly harsh or beneficial to the body corporate or service contractor; whether the reviewable terms are appropriate for the site or precinct; the term of the engagement as service contractor and the period of the term remaining.\n(sec.201ZI-ssec.2) The review criterion mentioned in subsection (1) (d) is to be applied having regard, in particular, to the nature, features and characteristics of the site or precinct.\n- (a) the appropriateness of the reviewable terms for the service contract for achieving a fair and reasonable balance between the interests of the body corporate and service contractor;\n- (b) whether the reviewable terms impose conditions that— (i) are unreasonably difficult to comply with; or (ii) are not necessary and reasonable for the protection of the legitimate interests of the body corporate or service contractor;\n- (i) are unreasonably difficult to comply with; or\n- (ii) are not necessary and reasonable for the protection of the legitimate interests of the body corporate or service contractor;\n- (c) the consequences of complying with, or contravening, the reviewable terms and whether the consequences are unfairly harsh or beneficial to the body corporate or service contractor;\n- (d) whether the reviewable terms are appropriate for the site or precinct;\n- (e) the term of the engagement as service contractor and the period of the term remaining.\n- (i) are unreasonably difficult to comply with; or\n- (ii) are not necessary and reasonable for the protection of the legitimate interests of the body corporate or service contractor;","sortOrder":295},{"sectionNumber":"sec.201ZJ","sectionType":"section","heading":"Giving copy of review advice to letting agent and prospective buyer of management rights","content":"### sec.201ZJ Giving copy of review advice to letting agent and prospective buyer of management rights\n\nWithin 14 days after obtaining the review advice, the body corporate must give a copy of it to the letting agent.\nIf requested by a prospective buyer of the letting agent’s management rights, the body corporate must give a copy of the review advice to the prospective buyer.\ns 201ZJ ins 2011 No. 27 s 302\n(sec.201ZJ-ssec.1) Within 14 days after obtaining the review advice, the body corporate must give a copy of it to the letting agent.\n(sec.201ZJ-ssec.2) If requested by a prospective buyer of the letting agent’s management rights, the body corporate must give a copy of the review advice to the prospective buyer.","sortOrder":296},{"sectionNumber":"sec.201ZK","sectionType":"section","heading":"QCAT jurisdiction","content":"### sec.201ZK QCAT jurisdiction\n\nA party to a dispute about the transfer, under this division, of a letting agent’s management rights may apply, as provided under the QCAT Act , for an order of QCAT exercising QCAT’s original jurisdiction to resolve the dispute.\ns 201ZK ins 2011 No. 27 s 302","sortOrder":297},{"sectionNumber":"pt.9A-div.4","sectionType":"division","heading":"Disputes about contractual matters","content":"## Disputes about contractual matters","sortOrder":298},{"sectionNumber":"sec.201ZL","sectionType":"section","heading":"QCAT jurisdiction","content":"### sec.201ZL QCAT jurisdiction\n\nThis section applies to a dispute about a claimed or anticipated contractual matter about—\nthe appointment or engagement of a person as a body corporate manager or caretaking service contractor for a site or precinct; or\nthe authorisation of a person as a letting agent for a site or precinct.\nA party to the dispute may apply, as provided under the QCAT Act , for an order of QCAT exercising QCAT’s original jurisdiction to resolve the dispute.\nIn this section—\ncontractual matter , about the appointment, engagement or authorisation of a body corporate manager, service contractor or letting agent, means—\na contravention of the terms of the appointment, engagement or authorisation; or\nthe termination of the appointment, engagement or authorisation; or\nthe exercise of rights or powers under the terms of the appointment, engagement or authorisation; or\nthe performance of duties under the terms of the appointment, engagement or authorisation.\ns 201ZL ins 2011 No. 27 s 302\n(sec.201ZL-ssec.1) This section applies to a dispute about a claimed or anticipated contractual matter about— the appointment or engagement of a person as a body corporate manager or caretaking service contractor for a site or precinct; or the authorisation of a person as a letting agent for a site or precinct.\n(sec.201ZL-ssec.2) A party to the dispute may apply, as provided under the QCAT Act , for an order of QCAT exercising QCAT’s original jurisdiction to resolve the dispute.\n(sec.201ZL-ssec.3) In this section— contractual matter , about the appointment, engagement or authorisation of a body corporate manager, service contractor or letting agent, means— a contravention of the terms of the appointment, engagement or authorisation; or the termination of the appointment, engagement or authorisation; or the exercise of rights or powers under the terms of the appointment, engagement or authorisation; or the performance of duties under the terms of the appointment, engagement or authorisation.\n- (a) the appointment or engagement of a person as a body corporate manager or caretaking service contractor for a site or precinct; or\n- (b) the authorisation of a person as a letting agent for a site or precinct.\n- (a) a contravention of the terms of the appointment, engagement or authorisation; or\n- (b) the termination of the appointment, engagement or authorisation; or\n- (c) the exercise of rights or powers under the terms of the appointment, engagement or authorisation; or\n- (d) the performance of duties under the terms of the appointment, engagement or authorisation.","sortOrder":299},{"sectionNumber":"pt.9A-div.5","sectionType":"division","heading":"Termination of appointment, engagement or authorisation","content":"## Termination of appointment, engagement or authorisation","sortOrder":300},{"sectionNumber":"sec.201ZM","sectionType":"section","heading":"Termination for failure to comply with remedial action notice [SM, s 131 ]","content":"### sec.201ZM Termination for failure to comply with remedial action notice [SM, s 131 ]\n\nA community body corporate or precinct body corporate may terminate a person’s appointment as a body corporate manager or engagement as a service contractor if the person or, if the person is a corporation, a director of the corporation—\nengages in misconduct, or is grossly negligent, in carrying out functions required under the appointment or engagement; or\nfails to carry out duties under the appointment or engagement; or\ncontravenes—\nfor a body corporate manager—the code of conduct for body corporate managers and caretaking service contractors; or\nfor a service contractor who is a caretaking service contractor—the code of conduct for body corporate managers and caretaking service contractors or the code of conduct for letting agents.\nAlso, the body corporate may terminate a person’s authorisation as a letting agent if—\nthe person or, if the person is a corporation, a director of the corporation—\nengages in misconduct, or is grossly negligent, in carrying out obligations, if any, under the authorisation; or\nfails to carry out duties under the authorisation; or\ncontravenes the code of conduct for letting agents or, for a caretaking service contractor, the code of conduct for body corporate managers and caretaking service contractors; or\nthe person—\nhas been given a transfer notice requiring transfer of the person’s management rights; and\nhas not transferred the management rights as required under section 201ZE .\nThe body corporate may act under subsection (1) or (2) only if—\nthe body corporate has given the manager, contractor or agent a remedial action notice; and\nthe manager, contractor or agent fails to comply with the remedial action notice within the period stated in the notice; and\nthe termination is approved by ordinary resolution of the body corporate; and\nfor the termination of a person’s engagement as a caretaking service contractor or authorisation as a letting agent—the motion to approve the termination is decided by secret ballot.\nIn this section—\nremedial action notice means a written notice stating each of the following—\nthat the body corporate believes the person to whom the notice is given has acted—\nfor a body corporate manager or service contractor—in a way mentioned in subsection (1) ; or\nfor a letting agent—in a way mentioned in subsection (2) ;\ndetails of the action sufficient to identify—\nthe misconduct or gross negligence the body corporate believes has happened; or\nthe duties the body corporate believes have not been carried out; or\nthe provision of the code of conduct the body corporate believes has been contravened; or\nif subsection (2) (b) applies, the contravention of the code contravention notice or the relevant provision of the code of conduct that was the ground for requiring the transfer of the person’s management rights under section 201ZA ;\nthat the person must, within a reasonable period of at least 14 days stated in the notice—\nremedy the misconduct or gross negligence; or\ncarry out the duties; or\nremedy the contravention;\nthat if the person does not comply with the notice in the stated period, the body corporate may terminate the person’s appointment, engagement or authorisation as a body corporate manager, service contractor or letting agent.\ns 201ZM ins 2011 No. 27 s 302\n(sec.201ZM-ssec.1) A community body corporate or precinct body corporate may terminate a person’s appointment as a body corporate manager or engagement as a service contractor if the person or, if the person is a corporation, a director of the corporation— engages in misconduct, or is grossly negligent, in carrying out functions required under the appointment or engagement; or fails to carry out duties under the appointment or engagement; or contravenes— for a body corporate manager—the code of conduct for body corporate managers and caretaking service contractors; or for a service contractor who is a caretaking service contractor—the code of conduct for body corporate managers and caretaking service contractors or the code of conduct for letting agents.\n(sec.201ZM-ssec.2) Also, the body corporate may terminate a person’s authorisation as a letting agent if— the person or, if the person is a corporation, a director of the corporation— engages in misconduct, or is grossly negligent, in carrying out obligations, if any, under the authorisation; or fails to carry out duties under the authorisation; or contravenes the code of conduct for letting agents or, for a caretaking service contractor, the code of conduct for body corporate managers and caretaking service contractors; or the person— has been given a transfer notice requiring transfer of the person’s management rights; and has not transferred the management rights as required under section 201ZE .\n(sec.201ZM-ssec.3) The body corporate may act under subsection (1) or (2) only if— the body corporate has given the manager, contractor or agent a remedial action notice; and the manager, contractor or agent fails to comply with the remedial action notice within the period stated in the notice; and the termination is approved by ordinary resolution of the body corporate; and for the termination of a person’s engagement as a caretaking service contractor or authorisation as a letting agent—the motion to approve the termination is decided by secret ballot.\n(sec.201ZM-ssec.4) In this section— remedial action notice means a written notice stating each of the following— that the body corporate believes the person to whom the notice is given has acted— for a body corporate manager or service contractor—in a way mentioned in subsection (1) ; or for a letting agent—in a way mentioned in subsection (2) ; details of the action sufficient to identify— the misconduct or gross negligence the body corporate believes has happened; or the duties the body corporate believes have not been carried out; or the provision of the code of conduct the body corporate believes has been contravened; or if subsection (2) (b) applies, the contravention of the code contravention notice or the relevant provision of the code of conduct that was the ground for requiring the transfer of the person’s management rights under section 201ZA ; that the person must, within a reasonable period of at least 14 days stated in the notice— remedy the misconduct or gross negligence; or carry out the duties; or remedy the contravention; that if the person does not comply with the notice in the stated period, the body corporate may terminate the person’s appointment, engagement or authorisation as a body corporate manager, service contractor or letting agent.\n- (a) engages in misconduct, or is grossly negligent, in carrying out functions required under the appointment or engagement; or\n- (b) fails to carry out duties under the appointment or engagement; or\n- (c) contravenes— (i) for a body corporate manager—the code of conduct for body corporate managers and caretaking service contractors; or (ii) for a service contractor who is a caretaking service contractor—the code of conduct for body corporate managers and caretaking service contractors or the code of conduct for letting agents.\n- (i) for a body corporate manager—the code of conduct for body corporate managers and caretaking service contractors; or\n- (ii) for a service contractor who is a caretaking service contractor—the code of conduct for body corporate managers and caretaking service contractors or the code of conduct for letting agents.\n- (i) for a body corporate manager—the code of conduct for body corporate managers and caretaking service contractors; or\n- (ii) for a service contractor who is a caretaking service contractor—the code of conduct for body corporate managers and caretaking service contractors or the code of conduct for letting agents.\n- (a) the person or, if the person is a corporation, a director of the corporation— (i) engages in misconduct, or is grossly negligent, in carrying out obligations, if any, under the authorisation; or (ii) fails to carry out duties under the authorisation; or (iii) contravenes the code of conduct for letting agents or, for a caretaking service contractor, the code of conduct for body corporate managers and caretaking service contractors; or\n- (i) engages in misconduct, or is grossly negligent, in carrying out obligations, if any, under the authorisation; or\n- (ii) fails to carry out duties under the authorisation; or\n- (iii) contravenes the code of conduct for letting agents or, for a caretaking service contractor, the code of conduct for body corporate managers and caretaking service contractors; or\n- (b) the person— (i) has been given a transfer notice requiring transfer of the person’s management rights; and (ii) has not transferred the management rights as required under section 201ZE .\n- (i) has been given a transfer notice requiring transfer of the person’s management rights; and\n- (ii) has not transferred the management rights as required under section 201ZE .\n- (i) engages in misconduct, or is grossly negligent, in carrying out obligations, if any, under the authorisation; or\n- (ii) fails to carry out duties under the authorisation; or\n- (iii) contravenes the code of conduct for letting agents or, for a caretaking service contractor, the code of conduct for body corporate managers and caretaking service contractors; or\n- (i) has been given a transfer notice requiring transfer of the person’s management rights; and\n- (ii) has not transferred the management rights as required under section 201ZE .\n- (a) the body corporate has given the manager, contractor or agent a remedial action notice; and\n- (b) the manager, contractor or agent fails to comply with the remedial action notice within the period stated in the notice; and\n- (c) the termination is approved by ordinary resolution of the body corporate; and\n- (d) for the termination of a person’s engagement as a caretaking service contractor or authorisation as a letting agent—the motion to approve the termination is decided by secret ballot.\n- (a) that the body corporate believes the person to whom the notice is given has acted— (i) for a body corporate manager or service contractor—in a way mentioned in subsection (1) ; or (ii) for a letting agent—in a way mentioned in subsection (2) ;\n- (i) for a body corporate manager or service contractor—in a way mentioned in subsection (1) ; or\n- (ii) for a letting agent—in a way mentioned in subsection (2) ;\n- (b) details of the action sufficient to identify— (i) the misconduct or gross negligence the body corporate believes has happened; or (ii) the duties the body corporate believes have not been carried out; or (iii) the provision of the code of conduct the body corporate believes has been contravened; or (iv) if subsection (2) (b) applies, the contravention of the code contravention notice or the relevant provision of the code of conduct that was the ground for requiring the transfer of the person’s management rights under section 201ZA ;\n- (i) the misconduct or gross negligence the body corporate believes has happened; or\n- (ii) the duties the body corporate believes have not been carried out; or\n- (iii) the provision of the code of conduct the body corporate believes has been contravened; or\n- (iv) if subsection (2) (b) applies, the contravention of the code contravention notice or the relevant provision of the code of conduct that was the ground for requiring the transfer of the person’s management rights under section 201ZA ;\n- (c) that the person must, within a reasonable period of at least 14 days stated in the notice— (i) remedy the misconduct or gross negligence; or (ii) carry out the duties; or (iii) remedy the contravention;\n- (i) remedy the misconduct or gross negligence; or\n- (ii) carry out the duties; or\n- (iii) remedy the contravention;\n- (d) that if the person does not comply with the notice in the stated period, the body corporate may terminate the person’s appointment, engagement or authorisation as a body corporate manager, service contractor or letting agent.\n- (i) for a body corporate manager or service contractor—in a way mentioned in subsection (1) ; or\n- (ii) for a letting agent—in a way mentioned in subsection (2) ;\n- (i) the misconduct or gross negligence the body corporate believes has happened; or\n- (ii) the duties the body corporate believes have not been carried out; or\n- (iii) the provision of the code of conduct the body corporate believes has been contravened; or\n- (iv) if subsection (2) (b) applies, the contravention of the code contravention notice or the relevant provision of the code of conduct that was the ground for requiring the transfer of the person’s management rights under section 201ZA ;\n- (i) remedy the misconduct or gross negligence; or\n- (ii) carry out the duties; or\n- (iii) remedy the contravention;","sortOrder":301},{"sectionNumber":"pt.10","sectionType":"part","heading":"By-laws","content":"# By-laws","sortOrder":302},{"sectionNumber":"pt.10-div.1","sectionType":"division","heading":"Community by-laws","content":"## Community by-laws","sortOrder":303},{"sectionNumber":"sec.202","sectionType":"section","heading":"Community development control by-laws","content":"### sec.202 Community development control by-laws\n\nThe community body corporate may, by comprehensive resolution, make by-laws ( community development control by-laws ) regulating the quality of design and development within the site.\nThe community development control by-laws may regulate the size, shape, height, colour, texture and overall placement of buildings or other structures within the site.\nThe community development control by-laws may provide—\nthat specified matters in relation to design and development are able to be decided by the community body corporate; and\na mechanism for deciding disputes in relation to design and development.\nHowever, a mechanism provided for in a community development control by-law under subsection (3) (b) cannot limit section 214B .\ns 202 amd 2011 No. 27 s 303\n(sec.202-ssec.1) The community body corporate may, by comprehensive resolution, make by-laws ( community development control by-laws ) regulating the quality of design and development within the site.\n(sec.202-ssec.2) The community development control by-laws may regulate the size, shape, height, colour, texture and overall placement of buildings or other structures within the site.\n(sec.202-ssec.3) The community development control by-laws may provide— that specified matters in relation to design and development are able to be decided by the community body corporate; and a mechanism for deciding disputes in relation to design and development.\n(sec.202-ssec.4) However, a mechanism provided for in a community development control by-law under subsection (3) (b) cannot limit section 214B .\n- (a) that specified matters in relation to design and development are able to be decided by the community body corporate; and\n- (b) a mechanism for deciding disputes in relation to design and development.","sortOrder":304},{"sectionNumber":"sec.203","sectionType":"section","heading":"Community activities by-laws","content":"### sec.203 Community activities by-laws\n\nThe community body corporate may, by comprehensive resolution, make by-laws ( activities by-laws ) for the control, management, use or enjoyment of lots (other than community property or precinct property) within the site.","sortOrder":305},{"sectionNumber":"sec.204","sectionType":"section","heading":"Application of community development control by-laws and community activities by-laws","content":"### sec.204 Application of community development control by-laws and community activities by-laws\n\nCommunity development control by-laws and activities by-laws—\nmay apply to the whole of the site or a particular part of the site; and\ndo not have effect until—\nthe Minister approves the by-laws; and\nnotification of the Minister’s approval is published in the gazette; and\nsubject to subsection (3) , do not affect the operation of any Act or other law.\nThe community development control by-laws and the activities by-laws bind—\nthe community body corporate; and\nthe members of the community body corporate; and\nthe proprietors of lots created by the registration of a building units or group titles plan; and\na precinct body corporate; and\nthe members of a precinct body corporate; and\nthe proprietors of lots created in a staged use precinct by the registration of a building units or group titles plan; and\na mortgagee in possession (whether by the mortgagee or another person) of a lot within the site; and\na lessee or occupier of a lot within the site.\nA community development control by-law or activity by-law prevails to the extent of any inconsistency with—\na precinct by-law; or\na by-law made by a body corporate under the Building Units and Group Titles Act 1980 .\ns 204 amd 2011 No. 27 s 304\n(sec.204-ssec.1) Community development control by-laws and activities by-laws— may apply to the whole of the site or a particular part of the site; and do not have effect until— the Minister approves the by-laws; and notification of the Minister’s approval is published in the gazette; and subject to subsection (3) , do not affect the operation of any Act or other law.\n(sec.204-ssec.2) The community development control by-laws and the activities by-laws bind— the community body corporate; and the members of the community body corporate; and the proprietors of lots created by the registration of a building units or group titles plan; and a precinct body corporate; and the members of a precinct body corporate; and the proprietors of lots created in a staged use precinct by the registration of a building units or group titles plan; and a mortgagee in possession (whether by the mortgagee or another person) of a lot within the site; and a lessee or occupier of a lot within the site.\n(sec.204-ssec.3) A community development control by-law or activity by-law prevails to the extent of any inconsistency with— a precinct by-law; or a by-law made by a body corporate under the Building Units and Group Titles Act 1980 .\n- (a) may apply to the whole of the site or a particular part of the site; and\n- (b) do not have effect until— (i) the Minister approves the by-laws; and (ii) notification of the Minister’s approval is published in the gazette; and\n- (i) the Minister approves the by-laws; and\n- (ii) notification of the Minister’s approval is published in the gazette; and\n- (c) subject to subsection (3) , do not affect the operation of any Act or other law.\n- (i) the Minister approves the by-laws; and\n- (ii) notification of the Minister’s approval is published in the gazette; and\n- (a) the community body corporate; and\n- (b) the members of the community body corporate; and\n- (c) the proprietors of lots created by the registration of a building units or group titles plan; and\n- (d) a precinct body corporate; and\n- (e) the members of a precinct body corporate; and\n- (f) the proprietors of lots created in a staged use precinct by the registration of a building units or group titles plan; and\n- (g) a mortgagee in possession (whether by the mortgagee or another person) of a lot within the site; and\n- (h) a lessee or occupier of a lot within the site.\n- (a) a precinct by-law; or\n- (b) a by-law made by a body corporate under the Building Units and Group Titles Act 1980 .","sortOrder":306},{"sectionNumber":"sec.205","sectionType":"section","heading":"Minor noncompliance with community development control by-laws or community activities by-laws","content":"### sec.205 Minor noncompliance with community development control by-laws or community activities by-laws\n\nOn the written request of a person bound by a community development control by-law or activity by-law, the community body corporate may permit noncompliance with the by-law if it is satisfied that the noncompliance is of a minor nature.\ns 205 amd 2011 No. 27 s 305","sortOrder":307},{"sectionNumber":"sec.206","sectionType":"section","heading":"Community property by-laws","content":"### sec.206 Community property by-laws\n\nSubject to subsection (5) , the community body corporate may, by comprehensive resolution, make by-laws ( property by-laws ) for the control, management, administration, use or enjoyment of the community property.\nA community property by-law does not have effect until—\nthe Minister approves the by-law; and\nnotification of the Minister’s approval is published in the gazette.\nIf land has access to a dedicated road by way of the community property, a lease of the land is taken to contain an agreement by the lessee that the lessee must comply with the property by-laws.\nThe property by-laws bind—\nthe community body corporate; and\nthe members of the community body corporate; and\nthe proprietors of lots created by the registration of a building units or group titles plan; and\na precinct body corporate; and\nthe members of a precinct body corporate; and\nthe proprietors of lots created in a staged use precinct by the registration of a building units or group titles plan; and\na mortgagee in possession (whether by the mortgagee or another person) of a lot within the site; and\na lessee or occupier of a lot within the site.\nA property by-law may not prohibit, destroy or modify any easement, service right or service obligation implied or created by this Act.\nA property by-law may apply to all the community property or a particular part of the community property specified in the by-law.\nA property by-law does not affect the operation of any other Act or law.\n(sec.206-ssec.1) Subject to subsection (5) , the community body corporate may, by comprehensive resolution, make by-laws ( property by-laws ) for the control, management, administration, use or enjoyment of the community property.\n(sec.206-ssec.2) A community property by-law does not have effect until— the Minister approves the by-law; and notification of the Minister’s approval is published in the gazette.\n(sec.206-ssec.3) If land has access to a dedicated road by way of the community property, a lease of the land is taken to contain an agreement by the lessee that the lessee must comply with the property by-laws.\n(sec.206-ssec.4) The property by-laws bind— the community body corporate; and the members of the community body corporate; and the proprietors of lots created by the registration of a building units or group titles plan; and a precinct body corporate; and the members of a precinct body corporate; and the proprietors of lots created in a staged use precinct by the registration of a building units or group titles plan; and a mortgagee in possession (whether by the mortgagee or another person) of a lot within the site; and a lessee or occupier of a lot within the site.\n(sec.206-ssec.5) A property by-law may not prohibit, destroy or modify any easement, service right or service obligation implied or created by this Act.\n(sec.206-ssec.6) A property by-law may apply to all the community property or a particular part of the community property specified in the by-law.\n(sec.206-ssec.7) A property by-law does not affect the operation of any other Act or law.\n- (a) the Minister approves the by-law; and\n- (b) notification of the Minister’s approval is published in the gazette.\n- (a) the community body corporate; and\n- (b) the members of the community body corporate; and\n- (c) the proprietors of lots created by the registration of a building units or group titles plan; and\n- (d) a precinct body corporate; and\n- (e) the members of a precinct body corporate; and\n- (f) the proprietors of lots created in a staged use precinct by the registration of a building units or group titles plan; and\n- (g) a mortgagee in possession (whether by the mortgagee or another person) of a lot within the site; and\n- (h) a lessee or occupier of a lot within the site.","sortOrder":308},{"sectionNumber":"sec.206A","sectionType":"section","heading":"Restricted community property by-laws","content":"### sec.206A Restricted community property by-laws\n\nThe community body corporate may make by-laws under section 206 that restrict the use of any part of the community property ( restricted community property ) to—\na member of the community body corporate; or\na body corporate created by the registration of a building units or group titles plan; or\na proprietor of a lot created by the registration of a building units or group titles plan; or\na precinct body corporate; or\na member of a precinct body corporate; or\na proprietor of a lot created in a staged use precinct by the registration of a building units or group titles plan; or\na lessee or occupier of a lot within the site; or\nsomeone else while the person is engaged in construction works in the site or in a future development area or subsequent stage.\nDespite section 206 (1) , the by-law may only be made by resolution without dissent.\nThe by-law may restrict the use of community property that is to be created in a subsequent stage.\nTo remove any doubt, the by-law made may give the use of restricted community property to the person who is, for the time being, the proprietor or other person mentioned in that subsection.\nThe by-law that restricts the use of any part of the community property—\nmust include—\nsubject to paragraph (c) , a description of the restricted community property; and\ndetails of the persons entitled to use the restricted community property; and\nthe conditions on which the persons may use the restricted community property; and\nmay include—\nparticulars about—\naccess to the restricted community property; and\nthe keeping and supply of any necessary key; and\nparticulars of the hours when the restricted community property may be used; and\nprovisions about the maintenance of the restricted community property; and\nprovisions about imposing and collecting levies from the persons entitled to use the restricted community property; and\nneed not describe the restricted community property, if—\nthe by-law prescribes a way of identifying the property; or\nthe by-law authorises a person to identify the property; and\nmay authorise a person to allocate the use of the restricted community property.\nIf a person identifies the restricted community property under a by-law mentioned in subsection (5) (c) , the person must, as soon as practicable, give the community body corporate a description of the property.\nIf a person allocates the use of the restricted community property under a by-law mentioned in subsection (5) (d) , the person must, as soon as practicable, give the community body corporate details of the persons to whom use of the property has been allocated.\nThe description and details given to the community body corporate under subsection (6) or (7) are taken to be a by-law made under section 206 when both the description and details are received by the community body corporate.\nThe community body corporate must give a by-law made or taken to be made under this section to the Minister for approval under section 206 as soon as practicable but not later than 3 months after it is made or taken to be made.\nMaximum penalty—50 penalty units.\nIf the by-law is approved by the Minister, the Minister must give details of the by-law to the registrar of titles as soon as practicable after the Minister approves it.\nA by-law made under this section does not have effect until the registrar of titles has recorded details of the by-law on the relevant community plan.\ns 206A ins 1993 No. 80 s 11\n(sec.206A-ssec.1) The community body corporate may make by-laws under section 206 that restrict the use of any part of the community property ( restricted community property ) to— a member of the community body corporate; or a body corporate created by the registration of a building units or group titles plan; or a proprietor of a lot created by the registration of a building units or group titles plan; or a precinct body corporate; or a member of a precinct body corporate; or a proprietor of a lot created in a staged use precinct by the registration of a building units or group titles plan; or a lessee or occupier of a lot within the site; or someone else while the person is engaged in construction works in the site or in a future development area or subsequent stage.\n(sec.206A-ssec.2) Despite section 206 (1) , the by-law may only be made by resolution without dissent.\n(sec.206A-ssec.3) The by-law may restrict the use of community property that is to be created in a subsequent stage.\n(sec.206A-ssec.4) To remove any doubt, the by-law made may give the use of restricted community property to the person who is, for the time being, the proprietor or other person mentioned in that subsection.\n(sec.206A-ssec.5) The by-law that restricts the use of any part of the community property— must include— subject to paragraph (c) , a description of the restricted community property; and details of the persons entitled to use the restricted community property; and the conditions on which the persons may use the restricted community property; and may include— particulars about— access to the restricted community property; and the keeping and supply of any necessary key; and particulars of the hours when the restricted community property may be used; and provisions about the maintenance of the restricted community property; and provisions about imposing and collecting levies from the persons entitled to use the restricted community property; and need not describe the restricted community property, if— the by-law prescribes a way of identifying the property; or the by-law authorises a person to identify the property; and may authorise a person to allocate the use of the restricted community property.\n(sec.206A-ssec.6) If a person identifies the restricted community property under a by-law mentioned in subsection (5) (c) , the person must, as soon as practicable, give the community body corporate a description of the property.\n(sec.206A-ssec.7) If a person allocates the use of the restricted community property under a by-law mentioned in subsection (5) (d) , the person must, as soon as practicable, give the community body corporate details of the persons to whom use of the property has been allocated.\n(sec.206A-ssec.8) The description and details given to the community body corporate under subsection (6) or (7) are taken to be a by-law made under section 206 when both the description and details are received by the community body corporate.\n(sec.206A-ssec.9) The community body corporate must give a by-law made or taken to be made under this section to the Minister for approval under section 206 as soon as practicable but not later than 3 months after it is made or taken to be made. Maximum penalty—50 penalty units.\n(sec.206A-ssec.10) If the by-law is approved by the Minister, the Minister must give details of the by-law to the registrar of titles as soon as practicable after the Minister approves it.\n(sec.206A-ssec.11) A by-law made under this section does not have effect until the registrar of titles has recorded details of the by-law on the relevant community plan.\n- (a) a member of the community body corporate; or\n- (b) a body corporate created by the registration of a building units or group titles plan; or\n- (c) a proprietor of a lot created by the registration of a building units or group titles plan; or\n- (d) a precinct body corporate; or\n- (e) a member of a precinct body corporate; or\n- (f) a proprietor of a lot created in a staged use precinct by the registration of a building units or group titles plan; or\n- (g) a lessee or occupier of a lot within the site; or\n- (h) someone else while the person is engaged in construction works in the site or in a future development area or subsequent stage.\n- (a) must include— (i) subject to paragraph (c) , a description of the restricted community property; and (ii) details of the persons entitled to use the restricted community property; and (iii) the conditions on which the persons may use the restricted community property; and\n- (i) subject to paragraph (c) , a description of the restricted community property; and\n- (ii) details of the persons entitled to use the restricted community property; and\n- (iii) the conditions on which the persons may use the restricted community property; and\n- (b) may include— (i) particulars about— (A) access to the restricted community property; and (B) the keeping and supply of any necessary key; and (ii) particulars of the hours when the restricted community property may be used; and (iii) provisions about the maintenance of the restricted community property; and (iv) provisions about imposing and collecting levies from the persons entitled to use the restricted community property; and\n- (i) particulars about— (A) access to the restricted community property; and (B) the keeping and supply of any necessary key; and\n- (A) access to the restricted community property; and\n- (B) the keeping and supply of any necessary key; and\n- (ii) particulars of the hours when the restricted community property may be used; and\n- (iii) provisions about the maintenance of the restricted community property; and\n- (iv) provisions about imposing and collecting levies from the persons entitled to use the restricted community property; and\n- (c) need not describe the restricted community property, if— (i) the by-law prescribes a way of identifying the property; or (ii) the by-law authorises a person to identify the property; and\n- (i) the by-law prescribes a way of identifying the property; or\n- (ii) the by-law authorises a person to identify the property; and\n- (d) may authorise a person to allocate the use of the restricted community property.\n- (i) subject to paragraph (c) , a description of the restricted community property; and\n- (ii) details of the persons entitled to use the restricted community property; and\n- (iii) the conditions on which the persons may use the restricted community property; and\n- (i) particulars about— (A) access to the restricted community property; and (B) the keeping and supply of any necessary key; and\n- (A) access to the restricted community property; and\n- (B) the keeping and supply of any necessary key; and\n- (ii) particulars of the hours when the restricted community property may be used; and\n- (iii) provisions about the maintenance of the restricted community property; and\n- (iv) provisions about imposing and collecting levies from the persons entitled to use the restricted community property; and\n- (A) access to the restricted community property; and\n- (B) the keeping and supply of any necessary key; and\n- (i) the by-law prescribes a way of identifying the property; or\n- (ii) the by-law authorises a person to identify the property; and","sortOrder":309},{"sectionNumber":"sec.207","sectionType":"section","heading":"Application of community by-laws to leased areas","content":"### sec.207 Application of community by-laws to leased areas\n\nThe community by-laws may apply to a road, wharf or any other land leased to the community body corporate under section 164 .","sortOrder":310},{"sectionNumber":"pt.10-div.2","sectionType":"division","heading":"Precinct by-laws","content":"## Precinct by-laws","sortOrder":311},{"sectionNumber":"sec.208","sectionType":"section","heading":"Precinct development control by-laws","content":"### sec.208 Precinct development control by-laws\n\nA precinct body corporate may, by comprehensive resolution, make by-laws ( precinct development control by-laws ) regulating the quality of design and development within the staged use precinct.\nThe precinct development control by-laws may regulate the size, shape, height, colour, texture and overall placement of buildings or other structures within the staged use precinct.\nThe precinct development control by-laws may provide—\nthat specified matters in relation to design and development are able to be decided by the precinct body corporate; and\na mechanism for deciding disputes in relation to design and development.\nHowever, a mechanism provided for in a precinct development control by-law under subsection (3) (b) cannot limit section 214C .\ns 208 amd 2011 No. 27 s 306\n(sec.208-ssec.1) A precinct body corporate may, by comprehensive resolution, make by-laws ( precinct development control by-laws ) regulating the quality of design and development within the staged use precinct.\n(sec.208-ssec.2) The precinct development control by-laws may regulate the size, shape, height, colour, texture and overall placement of buildings or other structures within the staged use precinct.\n(sec.208-ssec.3) The precinct development control by-laws may provide— that specified matters in relation to design and development are able to be decided by the precinct body corporate; and a mechanism for deciding disputes in relation to design and development.\n(sec.208-ssec.4) However, a mechanism provided for in a precinct development control by-law under subsection (3) (b) cannot limit section 214C .\n- (a) that specified matters in relation to design and development are able to be decided by the precinct body corporate; and\n- (b) a mechanism for deciding disputes in relation to design and development.","sortOrder":312},{"sectionNumber":"sec.209","sectionType":"section","heading":"Precinct activities by-laws","content":"### sec.209 Precinct activities by-laws\n\nA precinct body corporate may, by comprehensive resolution, make by-laws ( activities by-laws ) for the control, management, use or enjoyment of lots (other than precinct property) within the staged use precinct.","sortOrder":313},{"sectionNumber":"sec.210","sectionType":"section","heading":"Application of precinct development control by-laws and precinct activities by-laws","content":"### sec.210 Application of precinct development control by-laws and precinct activities by-laws\n\nPrecinct development control by-laws and activities by-laws—\nmay apply to the whole of the staged use precinct or a particular part of the staged use precinct; and\ndo not have effect until—\nthe Minister approves the by-laws; and\nnotification of the Minister’s approval is published in the gazette; and\nsubject to subsection (3) , do not affect the operation of any Act or other law.\nThe precinct development control by-laws and the activities by-laws bind—\nthe precinct body corporate; and\nthe members of the precinct body corporate; and\nthe proprietors of lots in the staged use precinct created by the registration of a building units or group titles plan; and\na mortgagee in possession (whether by the mortgagee or another person) of a lot within the staged use precinct; and\na lessee or occupier of a lot within the staged use precinct.\nA precinct development control by-law or activity by-law prevails to the extent of any inconsistency with a by-law made by a body corporate under the Building Units and Group Titles Act 1980 .\ns 210 amd 2011 No. 27 s 307\n(sec.210-ssec.1) Precinct development control by-laws and activities by-laws— may apply to the whole of the staged use precinct or a particular part of the staged use precinct; and do not have effect until— the Minister approves the by-laws; and notification of the Minister’s approval is published in the gazette; and subject to subsection (3) , do not affect the operation of any Act or other law.\n(sec.210-ssec.2) The precinct development control by-laws and the activities by-laws bind— the precinct body corporate; and the members of the precinct body corporate; and the proprietors of lots in the staged use precinct created by the registration of a building units or group titles plan; and a mortgagee in possession (whether by the mortgagee or another person) of a lot within the staged use precinct; and a lessee or occupier of a lot within the staged use precinct.\n(sec.210-ssec.3) A precinct development control by-law or activity by-law prevails to the extent of any inconsistency with a by-law made by a body corporate under the Building Units and Group Titles Act 1980 .\n- (a) may apply to the whole of the staged use precinct or a particular part of the staged use precinct; and\n- (b) do not have effect until— (i) the Minister approves the by-laws; and (ii) notification of the Minister’s approval is published in the gazette; and\n- (i) the Minister approves the by-laws; and\n- (ii) notification of the Minister’s approval is published in the gazette; and\n- (c) subject to subsection (3) , do not affect the operation of any Act or other law.\n- (i) the Minister approves the by-laws; and\n- (ii) notification of the Minister’s approval is published in the gazette; and\n- (a) the precinct body corporate; and\n- (b) the members of the precinct body corporate; and\n- (c) the proprietors of lots in the staged use precinct created by the registration of a building units or group titles plan; and\n- (d) a mortgagee in possession (whether by the mortgagee or another person) of a lot within the staged use precinct; and\n- (e) a lessee or occupier of a lot within the staged use precinct.","sortOrder":314},{"sectionNumber":"sec.211","sectionType":"section","heading":"Minor noncompliance with precinct development control by-laws or precinct activities by-laws","content":"### sec.211 Minor noncompliance with precinct development control by-laws or precinct activities by-laws\n\nOn the written request of a person bound by a precinct development control by-law or activity by-law, the precinct body corporate may permit noncompliance with the by-law if it is satisfied that the noncompliance is of a minor nature.\ns 211 amd 2011 No. 27 s 308","sortOrder":315},{"sectionNumber":"sec.212","sectionType":"section","heading":"Precinct property by-laws","content":"### sec.212 Precinct property by-laws\n\nSubject to subsection (5) , the precinct body corporate may, by comprehensive resolution, make by-laws ( property by-laws ) for the control, management, administration, use or enjoyment of the precinct property.\nA precinct property by-law does not have effect until—\nthe Minister approves the by-law; and\nnotification of the Minister’s approval is published in the gazette.\nIf a lot or common property has access to a dedicated road or community property by way of the precinct property, a lease of the lot or property is taken to contain an agreement by the lessee that the lessee must comply with the property by-laws.\nThe property by-laws bind—\nthe precinct body corporate; and\nthe members of a precinct body corporate; and\nthe proprietors of lots created in the staged use precinct by the registration of a building units or group titles plan; and\na mortgagee in possession (whether by the mortgagee or another person) of a lot within the staged use precinct; and\na lessee or occupier of a lot within the staged use precinct.\nA property by-law may not prohibit, destroy or modify any easement, service right or service obligation implied or created by this Act.\nA property by-law may apply to all the precinct property or a particular part of the precinct property specified in the by-law.\nA property by-law does not affect the operation of any other Act or law.\n(sec.212-ssec.1) Subject to subsection (5) , the precinct body corporate may, by comprehensive resolution, make by-laws ( property by-laws ) for the control, management, administration, use or enjoyment of the precinct property.\n(sec.212-ssec.2) A precinct property by-law does not have effect until— the Minister approves the by-law; and notification of the Minister’s approval is published in the gazette.\n(sec.212-ssec.3) If a lot or common property has access to a dedicated road or community property by way of the precinct property, a lease of the lot or property is taken to contain an agreement by the lessee that the lessee must comply with the property by-laws.\n(sec.212-ssec.4) The property by-laws bind— the precinct body corporate; and the members of a precinct body corporate; and the proprietors of lots created in the staged use precinct by the registration of a building units or group titles plan; and a mortgagee in possession (whether by the mortgagee or another person) of a lot within the staged use precinct; and a lessee or occupier of a lot within the staged use precinct.\n(sec.212-ssec.5) A property by-law may not prohibit, destroy or modify any easement, service right or service obligation implied or created by this Act.\n(sec.212-ssec.6) A property by-law may apply to all the precinct property or a particular part of the precinct property specified in the by-law.\n(sec.212-ssec.7) A property by-law does not affect the operation of any other Act or law.\n- (a) the Minister approves the by-law; and\n- (b) notification of the Minister’s approval is published in the gazette.\n- (a) the precinct body corporate; and\n- (b) the members of a precinct body corporate; and\n- (c) the proprietors of lots created in the staged use precinct by the registration of a building units or group titles plan; and\n- (d) a mortgagee in possession (whether by the mortgagee or another person) of a lot within the staged use precinct; and\n- (e) a lessee or occupier of a lot within the staged use precinct.","sortOrder":316},{"sectionNumber":"sec.212A","sectionType":"section","heading":"Restricted precinct property by-laws","content":"### sec.212A Restricted precinct property by-laws\n\nThe precinct body corporate may make by-laws under section 212 that restrict the use of any part of the precinct property ( restricted precinct property ) to—\na member of the precinct body corporate; or\na body corporate created by the registration of a building units or group titles plan in the precinct; or\na proprietor of a lot created by the registration of a building units or group titles plan in the precinct; or\na proprietor of a lot created in a staged use precinct by the registration of a building units or group titles plan in the precinct; or\na lessee or occupier of a lot in the precinct; or\nsomeone else while the person is engaged in construction works in the site or in a future development area or subsequent stage.\nDespite section 212 (1) , the by-law may only be made by resolution without dissent.\nThe by-law may restrict the use of precinct property that is to be created in a subsequent stage.\nTo remove any doubt, the by-law may give the use of restricted precinct property to the person who is, for the time being, the proprietor or other person mentioned in that subsection.\nThe by-law that restricts the use of any part of the precinct property—\nmust include—\nsubject to paragraph (c) , a description of the restricted precinct property; and\ndetails of the persons entitled to use the restricted precinct property; and\nthe conditions on which the persons may use the restricted precinct property; and\nmay include—\nparticulars about—\naccess to the restricted precinct property; and\nthe keeping and supply of any necessary key; and\nparticulars of the hours when the restricted precinct property may be used; and\nprovisions about the maintenance of the restricted precinct property; and\nprovisions about imposing and collecting levies from the persons entitled to use the restricted precinct property; and\nneed not describe the restricted precinct property if—\nthe by-law prescribes a way of identifying the property; or\nthe by-law authorises a person to identify the property; and\nmay authorise a person to allocate the use of the restricted precinct property.\nIf a person identifies the restricted precinct property under a by-law mentioned in subsection (5) (c) , the person must, as soon as practicable, give the precinct body corporate a description of the property.\nIf a person allocates the use of the restricted precinct property under a by-law mentioned in subsection (5) (d) , the person must, as soon as practicable, give the precinct body corporate details of the persons to whom use of the property has been allocated.\nThe description and details given to the precinct body corporate under subsection (6) or (7) are taken to be a by-law made under section 212 when the description and details are received by the precinct body corporate.\nThe precinct body corporate must give a by-law made or taken to be made under this section to the Minister for approval under section 212 as soon as practicable but not later than 3 months after it is made or taken to be made.\nMaximum penalty—50 penalty units.\nIf the by-law is approved by the Minister, the Minister must give details of the by-law to the registrar of titles as soon as practicable after the Minister approves it.\nA by-law made under this section does not have effect until the registrar of titles has recorded details of the by-law on the relevant precinct plan.\ns 212A ins 1993 No. 80 s 12\n(sec.212A-ssec.1) The precinct body corporate may make by-laws under section 212 that restrict the use of any part of the precinct property ( restricted precinct property ) to— a member of the precinct body corporate; or a body corporate created by the registration of a building units or group titles plan in the precinct; or a proprietor of a lot created by the registration of a building units or group titles plan in the precinct; or a proprietor of a lot created in a staged use precinct by the registration of a building units or group titles plan in the precinct; or a lessee or occupier of a lot in the precinct; or someone else while the person is engaged in construction works in the site or in a future development area or subsequent stage.\n(sec.212A-ssec.2) Despite section 212 (1) , the by-law may only be made by resolution without dissent.\n(sec.212A-ssec.3) The by-law may restrict the use of precinct property that is to be created in a subsequent stage.\n(sec.212A-ssec.4) To remove any doubt, the by-law may give the use of restricted precinct property to the person who is, for the time being, the proprietor or other person mentioned in that subsection.\n(sec.212A-ssec.5) The by-law that restricts the use of any part of the precinct property— must include— subject to paragraph (c) , a description of the restricted precinct property; and details of the persons entitled to use the restricted precinct property; and the conditions on which the persons may use the restricted precinct property; and may include— particulars about— access to the restricted precinct property; and the keeping and supply of any necessary key; and particulars of the hours when the restricted precinct property may be used; and provisions about the maintenance of the restricted precinct property; and provisions about imposing and collecting levies from the persons entitled to use the restricted precinct property; and need not describe the restricted precinct property if— the by-law prescribes a way of identifying the property; or the by-law authorises a person to identify the property; and may authorise a person to allocate the use of the restricted precinct property.\n(sec.212A-ssec.6) If a person identifies the restricted precinct property under a by-law mentioned in subsection (5) (c) , the person must, as soon as practicable, give the precinct body corporate a description of the property.\n(sec.212A-ssec.7) If a person allocates the use of the restricted precinct property under a by-law mentioned in subsection (5) (d) , the person must, as soon as practicable, give the precinct body corporate details of the persons to whom use of the property has been allocated.\n(sec.212A-ssec.8) The description and details given to the precinct body corporate under subsection (6) or (7) are taken to be a by-law made under section 212 when the description and details are received by the precinct body corporate.\n(sec.212A-ssec.9) The precinct body corporate must give a by-law made or taken to be made under this section to the Minister for approval under section 212 as soon as practicable but not later than 3 months after it is made or taken to be made. Maximum penalty—50 penalty units.\n(sec.212A-ssec.10) If the by-law is approved by the Minister, the Minister must give details of the by-law to the registrar of titles as soon as practicable after the Minister approves it.\n(sec.212A-ssec.11) A by-law made under this section does not have effect until the registrar of titles has recorded details of the by-law on the relevant precinct plan.\n- (a) a member of the precinct body corporate; or\n- (b) a body corporate created by the registration of a building units or group titles plan in the precinct; or\n- (c) a proprietor of a lot created by the registration of a building units or group titles plan in the precinct; or\n- (d) a proprietor of a lot created in a staged use precinct by the registration of a building units or group titles plan in the precinct; or\n- (e) a lessee or occupier of a lot in the precinct; or\n- (f) someone else while the person is engaged in construction works in the site or in a future development area or subsequent stage.\n- (a) must include— (i) subject to paragraph (c) , a description of the restricted precinct property; and (ii) details of the persons entitled to use the restricted precinct property; and (iii) the conditions on which the persons may use the restricted precinct property; and\n- (i) subject to paragraph (c) , a description of the restricted precinct property; and\n- (ii) details of the persons entitled to use the restricted precinct property; and\n- (iii) the conditions on which the persons may use the restricted precinct property; and\n- (b) may include— (i) particulars about— (A) access to the restricted precinct property; and (B) the keeping and supply of any necessary key; and (ii) particulars of the hours when the restricted precinct property may be used; and (iii) provisions about the maintenance of the restricted precinct property; and (iv) provisions about imposing and collecting levies from the persons entitled to use the restricted precinct property; and\n- (i) particulars about— (A) access to the restricted precinct property; and (B) the keeping and supply of any necessary key; and\n- (A) access to the restricted precinct property; and\n- (B) the keeping and supply of any necessary key; and\n- (ii) particulars of the hours when the restricted precinct property may be used; and\n- (iii) provisions about the maintenance of the restricted precinct property; and\n- (iv) provisions about imposing and collecting levies from the persons entitled to use the restricted precinct property; and\n- (c) need not describe the restricted precinct property if— (i) the by-law prescribes a way of identifying the property; or (ii) the by-law authorises a person to identify the property; and\n- (i) the by-law prescribes a way of identifying the property; or\n- (ii) the by-law authorises a person to identify the property; and\n- (d) may authorise a person to allocate the use of the restricted precinct property.\n- (i) subject to paragraph (c) , a description of the restricted precinct property; and\n- (ii) details of the persons entitled to use the restricted precinct property; and\n- (iii) the conditions on which the persons may use the restricted precinct property; and\n- (i) particulars about— (A) access to the restricted precinct property; and (B) the keeping and supply of any necessary key; and\n- (A) access to the restricted precinct property; and\n- (B) the keeping and supply of any necessary key; and\n- (ii) particulars of the hours when the restricted precinct property may be used; and\n- (iii) provisions about the maintenance of the restricted precinct property; and\n- (iv) provisions about imposing and collecting levies from the persons entitled to use the restricted precinct property; and\n- (A) access to the restricted precinct property; and\n- (B) the keeping and supply of any necessary key; and\n- (i) the by-law prescribes a way of identifying the property; or\n- (ii) the by-law authorises a person to identify the property; and","sortOrder":317},{"sectionNumber":"sec.213","sectionType":"section","heading":"Application of precinct by-laws to leased areas","content":"### sec.213 Application of precinct by-laws to leased areas\n\nThe precinct by-laws may apply to a road, wharf or any other land leased to the precinct body corporate under section 164 .","sortOrder":318},{"sectionNumber":"pt.11","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":319},{"sectionNumber":"pt.11-div.1","sectionType":"division","heading":"Fire safety","content":"## Fire safety","sortOrder":320},{"sectionNumber":"sec.214","sectionType":"section","heading":"Fire safety requirements","content":"### sec.214 Fire safety requirements\n\nDespite the Fire Services Act 1990 or any other Act relating to fire safety, but without compromising the principles of fire safety in those Acts, in issuing a fire safety approval for a building within the site, the relevant fire authority and fire safety officer must take into account—\nthis Act; and\nthe physical structure of the building as opposed to its title boundaries; and\nthe kinds of subdivision permitted by this Act; and\nany management statement regulating the building and its site under part 6 ; and\nother matters relating to fire safety approvals for buildings situated within the site that may be prescribed by regulation.\ns 214 amd 1999 No. 30 s 98 sch 3 pt 1 ; 2004 No. 53 s 2 sch ; 2014 No. 17 s 184 sch 1 pt 2 ; 2024 No. 22 s 92 sch 1\n- (a) this Act; and\n- (b) the physical structure of the building as opposed to its title boundaries; and\n- (c) the kinds of subdivision permitted by this Act; and\n- (d) any management statement regulating the building and its site under part 6 ; and\n- (e) other matters relating to fire safety approvals for buildings situated within the site that may be prescribed by regulation.","sortOrder":321},{"sectionNumber":"pt.11-div.2","sectionType":"division","heading":"Resolution of particular disputes","content":"## Resolution of particular disputes","sortOrder":322},{"sectionNumber":"sec.214A","sectionType":"section","heading":"Dealing with particular disputes under Building Units and Group Titles Act 1980","content":"### sec.214A Dealing with particular disputes under Building Units and Group Titles Act 1980\n\nSubject to subsection (2) , a dispute about the operation of this Act or the rights and obligations of persons under this Act may be dealt with under the Building Units and Group Titles Act 1980 , part 5 .\nHowever, this section—\ndoes not apply to a dispute or matter mentioned in section 201ZK , 201ZL , 214B or 214C ; and\nis subject to section 214D .\ns 214A ins 2003 No. 6 s 158\nsub 2011 No. 27 s 310\n(sec.214A-ssec.1) Subject to subsection (2) , a dispute about the operation of this Act or the rights and obligations of persons under this Act may be dealt with under the Building Units and Group Titles Act 1980 , part 5 .\n(sec.214A-ssec.2) However, this section— does not apply to a dispute or matter mentioned in section 201ZK , 201ZL , 214B or 214C ; and is subject to section 214D .\n- (a) does not apply to a dispute or matter mentioned in section 201ZK , 201ZL , 214B or 214C ; and\n- (b) is subject to section 214D .","sortOrder":323},{"sectionNumber":"sec.214B","sectionType":"section","heading":"Dealing with matter relating to community development control by-law","content":"### sec.214B Dealing with matter relating to community development control by-law\n\nQCAT may deal with a matter relating to—\nthe application of a community development control by-law for a site to a person mentioned in subsection (2) (b) , (c) or (d) ; or\na contravention or alleged contravention of a community development control by-law for a site.\nEach of the following persons may apply to QCAT to deal with a matter under subsection (1) if the person has standing to make the application—\nthe community body corporate that made the by-law;\na subsidiary body corporate of the community body corporate;\na subsidiary body corporate of a precinct body corporate that is a member of the community body corporate;\na proprietor or occupier of, or a person having an estate or interest in, a lot in the site.\nFor subsection (2) , a person has standing to make the application if the person is directly and materially affected by the matter to which the application relates.\nA proprietor of a lot in a precinct in a site alleges the amenity of the lot has been, or will be, adversely affected by development authorised under a community development control by-law in an adjoining precinct in the site.\nThis section is subject to section 214D .\ns 214B ins 2011 No. 27 s 310\n(sec.214B-ssec.1) QCAT may deal with a matter relating to— the application of a community development control by-law for a site to a person mentioned in subsection (2) (b) , (c) or (d) ; or a contravention or alleged contravention of a community development control by-law for a site.\n(sec.214B-ssec.2) Each of the following persons may apply to QCAT to deal with a matter under subsection (1) if the person has standing to make the application— the community body corporate that made the by-law; a subsidiary body corporate of the community body corporate; a subsidiary body corporate of a precinct body corporate that is a member of the community body corporate; a proprietor or occupier of, or a person having an estate or interest in, a lot in the site.\n(sec.214B-ssec.3) For subsection (2) , a person has standing to make the application if the person is directly and materially affected by the matter to which the application relates. A proprietor of a lot in a precinct in a site alleges the amenity of the lot has been, or will be, adversely affected by development authorised under a community development control by-law in an adjoining precinct in the site.\n(sec.214B-ssec.4) This section is subject to section 214D .\n- (a) the application of a community development control by-law for a site to a person mentioned in subsection (2) (b) , (c) or (d) ; or\n- (b) a contravention or alleged contravention of a community development control by-law for a site.\n- (a) the community body corporate that made the by-law;\n- (b) a subsidiary body corporate of the community body corporate;\n- (c) a subsidiary body corporate of a precinct body corporate that is a member of the community body corporate;\n- (d) a proprietor or occupier of, or a person having an estate or interest in, a lot in the site.","sortOrder":324},{"sectionNumber":"sec.214C","sectionType":"section","heading":"Dealing with matter relating to precinct development control by-law","content":"### sec.214C Dealing with matter relating to precinct development control by-law\n\nQCAT may deal with a matter relating to—\nthe application of a precinct development control by-law for a precinct to a person mentioned in subsection (2) (b) or (c) ; or\na contravention or alleged contravention of a precinct development control by-law for a precinct.\nEach of the following persons may apply to QCAT to deal with a matter under subsection (1) if the person has standing to make the application—\nthe precinct body corporate that made the by-law;\na subsidiary body corporate of the precinct body corporate;\na proprietor or occupier of, or a person having an estate or interest in—\na lot in the precinct or in another precinct in the site; or\na lot on a group titles plan or building units plan subdividing a community development lot on the site; or\na community stratum lot on the site; or\na lot on a building units plan subdividing a community stratum lot on the site.\nFor subsection (2) , a person has standing to make the application if the person is directly and materially affected by the matter to which the application relates.\nThis section is subject to section 214D .\ns 214C ins 2011 No. 27 s 310\n(sec.214C-ssec.1) QCAT may deal with a matter relating to— the application of a precinct development control by-law for a precinct to a person mentioned in subsection (2) (b) or (c) ; or a contravention or alleged contravention of a precinct development control by-law for a precinct.\n(sec.214C-ssec.2) Each of the following persons may apply to QCAT to deal with a matter under subsection (1) if the person has standing to make the application— the precinct body corporate that made the by-law; a subsidiary body corporate of the precinct body corporate; a proprietor or occupier of, or a person having an estate or interest in— a lot in the precinct or in another precinct in the site; or a lot on a group titles plan or building units plan subdividing a community development lot on the site; or a community stratum lot on the site; or a lot on a building units plan subdividing a community stratum lot on the site.\n(sec.214C-ssec.3) For subsection (2) , a person has standing to make the application if the person is directly and materially affected by the matter to which the application relates.\n(sec.214C-ssec.4) This section is subject to section 214D .\n- (a) the application of a precinct development control by-law for a precinct to a person mentioned in subsection (2) (b) or (c) ; or\n- (b) a contravention or alleged contravention of a precinct development control by-law for a precinct.\n- (a) the precinct body corporate that made the by-law;\n- (b) a subsidiary body corporate of the precinct body corporate;\n- (c) a proprietor or occupier of, or a person having an estate or interest in— (i) a lot in the precinct or in another precinct in the site; or (ii) a lot on a group titles plan or building units plan subdividing a community development lot on the site; or (iii) a community stratum lot on the site; or (iv) a lot on a building units plan subdividing a community stratum lot on the site.\n- (i) a lot in the precinct or in another precinct in the site; or\n- (ii) a lot on a group titles plan or building units plan subdividing a community development lot on the site; or\n- (iii) a community stratum lot on the site; or\n- (iv) a lot on a building units plan subdividing a community stratum lot on the site.\n- (i) a lot in the precinct or in another precinct in the site; or\n- (ii) a lot on a group titles plan or building units plan subdividing a community development lot on the site; or\n- (iii) a community stratum lot on the site; or\n- (iv) a lot on a building units plan subdividing a community stratum lot on the site.","sortOrder":325},{"sectionNumber":"sec.214D","sectionType":"section","heading":"Internal dispute resolution processes to be used before application","content":"### sec.214D Internal dispute resolution processes to be used before application\n\nSubsection (2) applies to a referee for deciding an application for an order under the Building Units and Group Titles Act 1980 , part 5 relating to a dispute about a matter mentioned in section 214A (1) .\nThe referee must not decide the application unless the referee is satisfied the applicant has made reasonable attempts to resolve the dispute by using internal dispute resolution processes.\nSubsection (4) applies to QCAT for deciding an application about a matter relating to—\na community development control by-law under section 214B (1) ; or\na precinct development control by-law under section 214C (1) .\nQCAT must not decide the application unless QCAT is satisfied the applicant has made reasonable attempts to resolve the matter by using—\nif the application relates to a dispute (a design and development dispute ) mentioned in section 202 (3) (b) or 208 (3) (b) and the community or precinct development control by-law provides a mechanism for deciding the dispute—the mechanism provided under the by-law; or\notherwise—internal dispute resolution processes.\nIn this section—\ninternal dispute resolution processes includes the following—\nthe parties to the dispute communicating with each other about the dispute;\nthe applicant writing about the dispute to the executive committee for the community body corporate or precinct body corporate, as relevant;\nthe applicant causing a motion relevant to deciding the dispute to be presented for consideration at a general meeting of the community body corporate or precinct body corporate, as relevant.\ns 214D ins 2011 No. 27 s 310\n(sec.214D-ssec.1) Subsection (2) applies to a referee for deciding an application for an order under the Building Units and Group Titles Act 1980 , part 5 relating to a dispute about a matter mentioned in section 214A (1) .\n(sec.214D-ssec.2) The referee must not decide the application unless the referee is satisfied the applicant has made reasonable attempts to resolve the dispute by using internal dispute resolution processes.\n(sec.214D-ssec.3) Subsection (4) applies to QCAT for deciding an application about a matter relating to— a community development control by-law under section 214B (1) ; or a precinct development control by-law under section 214C (1) .\n(sec.214D-ssec.4) QCAT must not decide the application unless QCAT is satisfied the applicant has made reasonable attempts to resolve the matter by using— if the application relates to a dispute (a design and development dispute ) mentioned in section 202 (3) (b) or 208 (3) (b) and the community or precinct development control by-law provides a mechanism for deciding the dispute—the mechanism provided under the by-law; or otherwise—internal dispute resolution processes.\n(sec.214D-ssec.5) In this section— internal dispute resolution processes includes the following— the parties to the dispute communicating with each other about the dispute; the applicant writing about the dispute to the executive committee for the community body corporate or precinct body corporate, as relevant; the applicant causing a motion relevant to deciding the dispute to be presented for consideration at a general meeting of the community body corporate or precinct body corporate, as relevant.\n- (a) a community development control by-law under section 214B (1) ; or\n- (b) a precinct development control by-law under section 214C (1) .\n- (a) if the application relates to a dispute (a design and development dispute ) mentioned in section 202 (3) (b) or 208 (3) (b) and the community or precinct development control by-law provides a mechanism for deciding the dispute—the mechanism provided under the by-law; or\n- (b) otherwise—internal dispute resolution processes.\n- (a) the parties to the dispute communicating with each other about the dispute;\n- (b) the applicant writing about the dispute to the executive committee for the community body corporate or precinct body corporate, as relevant;\n- (c) the applicant causing a motion relevant to deciding the dispute to be presented for consideration at a general meeting of the community body corporate or precinct body corporate, as relevant.","sortOrder":326},{"sectionNumber":"pt.11-div.3","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":327},{"sectionNumber":"sec.214E","sectionType":"section","heading":"Associates","content":"### sec.214E Associates\n\nFor this Act, a person is associated with someone else if—\na relationship of a type to which this section applies exists between them; or\na series of relationships of a type to which this section applies can be traced between them through another person or other persons.\nThis section applies to relationships of the following types—\nmarriage or de facto partnership;\nthe relationship of ascendant and descendant (including the relationship of parent and child) or the relationship of persons who have a parent or grandparent in common;\nbusiness partnership;\nthe relationship of employer and employee;\na fiduciary relationship;\nthe relationship of persons, one of whom is accustomed, or under an obligation (whether formal or informal), to act in accordance with the directions, instructions or wishes of the other;\nthe relationship of a corporation and executive officer of the corporation;\nthe relationship of a corporation and a person who is in a position to control or substantially influence the corporation’s conduct.\nDespite subsection (2) (e) and (f) , the owner of a community development lot, precinct development lot or a lot on a building units or group titles plan and a letting agent are not associated merely because of their relationship as owner and letting agent.\nIn this section—\nexecutive officer , of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.\ns 214E ins 2011 No. 27 s 310\n(sec.214E-ssec.1) For this Act, a person is associated with someone else if— a relationship of a type to which this section applies exists between them; or a series of relationships of a type to which this section applies can be traced between them through another person or other persons.\n(sec.214E-ssec.2) This section applies to relationships of the following types— marriage or de facto partnership; the relationship of ascendant and descendant (including the relationship of parent and child) or the relationship of persons who have a parent or grandparent in common; business partnership; the relationship of employer and employee; a fiduciary relationship; the relationship of persons, one of whom is accustomed, or under an obligation (whether formal or informal), to act in accordance with the directions, instructions or wishes of the other; the relationship of a corporation and executive officer of the corporation; the relationship of a corporation and a person who is in a position to control or substantially influence the corporation’s conduct.\n(sec.214E-ssec.3) Despite subsection (2) (e) and (f) , the owner of a community development lot, precinct development lot or a lot on a building units or group titles plan and a letting agent are not associated merely because of their relationship as owner and letting agent.\n(sec.214E-ssec.4) In this section— executive officer , of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.\n- (a) a relationship of a type to which this section applies exists between them; or\n- (b) a series of relationships of a type to which this section applies can be traced between them through another person or other persons.\n- (a) marriage or de facto partnership;\n- (b) the relationship of ascendant and descendant (including the relationship of parent and child) or the relationship of persons who have a parent or grandparent in common;\n- (c) business partnership;\n- (d) the relationship of employer and employee;\n- (e) a fiduciary relationship;\n- (f) the relationship of persons, one of whom is accustomed, or under an obligation (whether formal or informal), to act in accordance with the directions, instructions or wishes of the other;\n- (g) the relationship of a corporation and executive officer of the corporation;\n- (h) the relationship of a corporation and a person who is in a position to control or substantially influence the corporation’s conduct.","sortOrder":328},{"sectionNumber":"sec.215","sectionType":"section","heading":"Applications to be accompanied by fees","content":"### sec.215 Applications to be accompanied by fees\n\nThe fee determined by the local government must accompany—\nan application for approval under this Act; or\na plan lodged with the local government for its approval under this Act.\nThe fee must be reasonable.\ns 215 amd 1999 No. 30 s 98 sch 3 pt 1\n(sec.215-ssec.1) The fee determined by the local government must accompany— an application for approval under this Act; or a plan lodged with the local government for its approval under this Act.\n(sec.215-ssec.2) The fee must be reasonable.\n- (a) an application for approval under this Act; or\n- (b) a plan lodged with the local government for its approval under this Act.","sortOrder":329},{"sectionNumber":"sec.216","sectionType":"section","heading":"Chief executive may approve forms","content":"### sec.216 Chief executive may approve forms\n\nThe chief executive may approve forms for use for the purposes of this Act.\nA person may request the chief executive to give the person a document setting out a form approved under subsection (1) .\nThe chief executive must promptly comply with the request.\n(sec.216-ssec.1) The chief executive may approve forms for use for the purposes of this Act.\n(sec.216-ssec.2) A person may request the chief executive to give the person a document setting out a form approved under subsection (1) .\n(sec.216-ssec.3) The chief executive must promptly comply with the request.","sortOrder":330},{"sectionNumber":"sec.217","sectionType":"section","heading":"Delegation by Minister","content":"### sec.217 Delegation by Minister\n\nThe Minister may delegate the Minister’s powers under this Act to an officer of the public service.","sortOrder":331},{"sectionNumber":"sec.218","sectionType":"section","heading":"Regulation-making power","content":"### sec.218 Regulation-making power\n\nThe Governor in Council may make regulations for the purposes of this Act.\nA regulation may be made with respect to any of the following matters—\nthe preparation and approval of plans and documents for the purposes of this Act;\nthe plans and documents that may be lodged under this Act in the land registry;\nthe registration in the land registry of plans and documents;\nthe nomination and election of—\nthe chairperson, secretary and treasurer of community bodies corporate and precinct bodies corporate; and\nother members of the executive committees of community bodies corporate and precinct bodies corporate;\nthe powers and functions of community bodies corporate and precinct bodies corporate.\nA regulation may create offences and prescribe penalties of not more than 4 penalty units for the offences.\ns 218 amd 1999 No. 30 s 98 sch 3 pt 1 ; 2004 No. 53 s 2 sch ; 2021 No. 12 s 148 sch 3\n(sec.218-ssec.1) The Governor in Council may make regulations for the purposes of this Act.\n(sec.218-ssec.2) A regulation may be made with respect to any of the following matters— the preparation and approval of plans and documents for the purposes of this Act; the plans and documents that may be lodged under this Act in the land registry; the registration in the land registry of plans and documents; the nomination and election of— the chairperson, secretary and treasurer of community bodies corporate and precinct bodies corporate; and other members of the executive committees of community bodies corporate and precinct bodies corporate; the powers and functions of community bodies corporate and precinct bodies corporate.\n(sec.218-ssec.3) A regulation may create offences and prescribe penalties of not more than 4 penalty units for the offences.\n- (a) the preparation and approval of plans and documents for the purposes of this Act;\n- (b) the plans and documents that may be lodged under this Act in the land registry;\n- (c) the registration in the land registry of plans and documents;\n- (d) the nomination and election of— (i) the chairperson, secretary and treasurer of community bodies corporate and precinct bodies corporate; and (ii) other members of the executive committees of community bodies corporate and precinct bodies corporate;\n- (i) the chairperson, secretary and treasurer of community bodies corporate and precinct bodies corporate; and\n- (ii) other members of the executive committees of community bodies corporate and precinct bodies corporate;\n- (e) the powers and functions of community bodies corporate and precinct bodies corporate.\n- (i) the chairperson, secretary and treasurer of community bodies corporate and precinct bodies corporate; and\n- (ii) other members of the executive committees of community bodies corporate and precinct bodies corporate;","sortOrder":332},{"sectionNumber":"pt.12","sectionType":"part","heading":"Bretts Wharf development","content":"# Bretts Wharf development","sortOrder":333},{"sectionNumber":"sec.219","sectionType":"section","heading":"Definitions","content":"### sec.219 Definitions\n\nIn this part—\nbody corporate means a body corporate created by registration of a building units or group titles plan over land in Bretts Wharf Hamilton.\ns 219 def body corporate ins 1993 No. 80 s 13\nBretts Wharf Hamilton means the land described as lot 267 on plan SL 11523, County of Stanley, Parish of Toombul.\ns 219 def Bretts Wharf Hamilton ins 1993 No. 80 s 13\ncommon property means the common property, within the meaning of the Building Units and Group Titles Act 1980 , of a building units plan or group titles plan registered over land in Bretts Wharf Hamilton.\ns 219 def common property ins 1993 No. 80 s 13\nresolution without dissent has the meaning given by the Building Units and Group Titles Act 1980 .\ns 219 def resolution without dissent ins 1993 No. 80 s 13\nrestricted property area means the part of the common property in relation to which exclusive use and control is granted to the community body corporate by a by-law made under section 221 .\ns 219 def restricted property area ins 1993 No. 80 s 13","sortOrder":334},{"sectionNumber":"sec.220","sectionType":"section","heading":"Redevelopment is a mixed use development","content":"### sec.220 Redevelopment is a mixed use development\n\nFor the purposes of this Act, a redevelopment of Bretts Wharf Hamilton is taken to be a mixed use development whether or not it consists of 2 or more different classes of uses.\ns 220 ins 1993 No. 80 s 13","sortOrder":335},{"sectionNumber":"sec.221","sectionType":"section","heading":"Restricted property by-laws","content":"### sec.221 Restricted property by-laws\n\nA body corporate may, by resolution without dissent, make a by-law ( restricted property by-law ) giving to the community body corporate the exclusive use and control of any part of the common property identified in the by-law.\nA restricted property by-law does not have effect until—\nthe Minister approves the by-law; and\nthe registrar of titles has recorded a notification on the registered plan under section 30 (3) of the Building Units and Group Titles Act 1980 .\nIf a restricted property by-law is made—\nthe restricted property area is taken to be community property for the purposes of section 177 (1) (a) and (b) and sections 206 and 206A ; and\nthe other by-laws of the body corporate do not apply to the restricted property area; and\nthe community body corporate is not bound by the by-laws of the body corporate; and\nthe Building Units and Group Titles Act 1980 (other than sections 22 , 23 , 37 (1) , 37 (2) and 37A ) applies to the restricted property area and a body corporate; and\nfor the purposes of the by-law and despite paragraph (c) , the community body corporate is taken to be an occupier of a lot in the building units or group titles plan that created the body corporate that made the by-law.\nA restricted property by-law may be made, amended, or repealed within 3 months of registration of the plan that creates the body corporate that makes the by-law, without the consent of the community body corporate.\nHowever, after 3 months, a restricted property by-law may be made, amended, or repealed only with the consent of the community body corporate by comprehensive resolution.\ns 221 ins 1993 No. 80 s 13\n(sec.221-ssec.1) A body corporate may, by resolution without dissent, make a by-law ( restricted property by-law ) giving to the community body corporate the exclusive use and control of any part of the common property identified in the by-law.\n(sec.221-ssec.2) A restricted property by-law does not have effect until— the Minister approves the by-law; and the registrar of titles has recorded a notification on the registered plan under section 30 (3) of the Building Units and Group Titles Act 1980 .\n(sec.221-ssec.3) If a restricted property by-law is made— the restricted property area is taken to be community property for the purposes of section 177 (1) (a) and (b) and sections 206 and 206A ; and the other by-laws of the body corporate do not apply to the restricted property area; and the community body corporate is not bound by the by-laws of the body corporate; and the Building Units and Group Titles Act 1980 (other than sections 22 , 23 , 37 (1) , 37 (2) and 37A ) applies to the restricted property area and a body corporate; and for the purposes of the by-law and despite paragraph (c) , the community body corporate is taken to be an occupier of a lot in the building units or group titles plan that created the body corporate that made the by-law.\n(sec.221-ssec.4) A restricted property by-law may be made, amended, or repealed within 3 months of registration of the plan that creates the body corporate that makes the by-law, without the consent of the community body corporate.\n(sec.221-ssec.5) However, after 3 months, a restricted property by-law may be made, amended, or repealed only with the consent of the community body corporate by comprehensive resolution.\n- (a) the Minister approves the by-law; and\n- (b) the registrar of titles has recorded a notification on the registered plan under section 30 (3) of the Building Units and Group Titles Act 1980 .\n- (a) the restricted property area is taken to be community property for the purposes of section 177 (1) (a) and (b) and sections 206 and 206A ; and\n- (b) the other by-laws of the body corporate do not apply to the restricted property area; and\n- (c) the community body corporate is not bound by the by-laws of the body corporate; and\n- (d) the Building Units and Group Titles Act 1980 (other than sections 22 , 23 , 37 (1) , 37 (2) and 37A ) applies to the restricted property area and a body corporate; and\n- (e) for the purposes of the by-law and despite paragraph (c) , the community body corporate is taken to be an occupier of a lot in the building units or group titles plan that created the body corporate that made the by-law.","sortOrder":336},{"sectionNumber":"sec.222","sectionType":"section","heading":"Application of Building Units and Group Titles Act","content":"### sec.222 Application of Building Units and Group Titles Act\n\nThe Building Units and Group Titles Act 1980 applies, subject to this part, to a redevelopment of Bretts Wharf Hamilton.\ns 222 ins 1993 No. 80 s 13","sortOrder":337},{"sectionNumber":"pt.13","sectionType":"part","heading":"Validation","content":"# Validation","sortOrder":338},{"sectionNumber":"sec.223","sectionType":"section","heading":"Declaration about resolution of disputes under Building Units and Group Titles Act 1980","content":"### sec.223 Declaration about resolution of disputes under Building Units and Group Titles Act 1980\n\nThis section applies to all acts, matters and things done before the commencement of section 214A for the resolution, under the Building Units and Group Titles Act 1980 , part 5 , of a dispute about the operation of this Act or the rights and obligations of persons under this Act.\nTo remove any doubt, it is declared that the acts, matters and things are taken to be, and always to have been, as validly done as if they were done after the commencement.\ns 223 ins 2003 No. 6 s 159\n(sec.223-ssec.1) This section applies to all acts, matters and things done before the commencement of section 214A for the resolution, under the Building Units and Group Titles Act 1980 , part 5 , of a dispute about the operation of this Act or the rights and obligations of persons under this Act.\n(sec.223-ssec.2) To remove any doubt, it is declared that the acts, matters and things are taken to be, and always to have been, as validly done as if they were done after the commencement.","sortOrder":339},{"sectionNumber":"pt.14","sectionType":"part","heading":"Transitional provisions for Local Government Electoral Act 2011","content":"# Transitional provisions for Local Government Electoral Act 2011","sortOrder":340},{"sectionNumber":"pt.14-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":341},{"sectionNumber":"sec.224","sectionType":"section","heading":"Definitions for pt 14","content":"### sec.224 Definitions for pt 14\n\nIn this part—\ncommencement means commencement of this section.\neffective day means the day that is 6 months after the commencement.\ns 224 ins 2011 No. 27 s 311","sortOrder":342},{"sectionNumber":"pt.14-div.2","sectionType":"division","heading":"Bodies corporate","content":"## Bodies corporate","sortOrder":343},{"sectionNumber":"sec.225","sectionType":"section","heading":"Deferred application of particular provisions","content":"### sec.225 Deferred application of particular provisions\n\nThe following provisions do not apply until the effective day—\nsection 185A and schedule 2;\npart 9, divisions 6 to 8.\ns 225 ins 2011 No. 27 s 311\n- (a) section 185A and schedule 2;\n- (b) part 9, divisions 6 to 8.","sortOrder":344},{"sectionNumber":"sec.226","sectionType":"section","heading":"Application of code of conduct for existing voting members of executive committees","content":"### sec.226 Application of code of conduct for existing voting members of executive committees\n\nThis section applies to a person who—\nimmediately before the effective day, is a voting member of the executive committee of the community body corporate or precinct body corporate; and\non the effective day, continues to be a voting member of the executive committee.\nThe code of conduct for voting members of the executive committee applies to the person only in relation to acts done or omissions made on or after the effective day.\ns 226 ins 2011 No. 27 s 311\n(sec.226-ssec.1) This section applies to a person who— immediately before the effective day, is a voting member of the executive committee of the community body corporate or precinct body corporate; and on the effective day, continues to be a voting member of the executive committee.\n(sec.226-ssec.2) The code of conduct for voting members of the executive committee applies to the person only in relation to acts done or omissions made on or after the effective day.\n- (a) immediately before the effective day, is a voting member of the executive committee of the community body corporate or precinct body corporate; and\n- (b) on the effective day, continues to be a voting member of the executive committee.","sortOrder":345},{"sectionNumber":"sec.227","sectionType":"section","heading":"Auditing accounts for first annual general meeting after evaluation day","content":"### sec.227 Auditing accounts for first annual general meeting after evaluation day\n\nThis section applies if—\nbefore the effective day—\na precinct body corporate authorised a person to prepare a statement of accounts of the body corporate under section 177(1)(f) for adoption at the body corporate’s next annual general meeting; and\nthe person started to prepare the statement of accounts; and\nthe annual general meeting has not happened.\nSection 201O does not apply for auditing the statement of accounts for the period to which the authorisation relates.\ns 227 ins 2011 No. 27 s 311\n(sec.227-ssec.1) This section applies if— before the effective day— a precinct body corporate authorised a person to prepare a statement of accounts of the body corporate under section 177(1)(f) for adoption at the body corporate’s next annual general meeting; and the person started to prepare the statement of accounts; and the annual general meeting has not happened.\n(sec.227-ssec.2) Section 201O does not apply for auditing the statement of accounts for the period to which the authorisation relates.\n- (a) before the effective day— (i) a precinct body corporate authorised a person to prepare a statement of accounts of the body corporate under section 177(1)(f) for adoption at the body corporate’s next annual general meeting; and (ii) the person started to prepare the statement of accounts; and\n- (i) a precinct body corporate authorised a person to prepare a statement of accounts of the body corporate under section 177(1)(f) for adoption at the body corporate’s next annual general meeting; and\n- (ii) the person started to prepare the statement of accounts; and\n- (b) the annual general meeting has not happened.\n- (i) a precinct body corporate authorised a person to prepare a statement of accounts of the body corporate under section 177(1)(f) for adoption at the body corporate’s next annual general meeting; and\n- (ii) the person started to prepare the statement of accounts; and","sortOrder":346},{"sectionNumber":"pt.14-div.3","sectionType":"division","heading":"Body corporate managers, service contractors and letting agents","content":"## Body corporate managers, service contractors and letting agents","sortOrder":347},{"sectionNumber":"sec.228","sectionType":"section","heading":"Deferred application of particular provisions","content":"### sec.228 Deferred application of particular provisions\n\nThe following provisions do not apply until the effective day—\npart 9A, divisions 2, 3, 4 and 5;\nschedules 3 and 4.\ns 228 ins 2011 No. 27 s 311\n- (a) part 9A, divisions 2, 3, 4 and 5;\n- (b) schedules 3 and 4.","sortOrder":348},{"sectionNumber":"sec.229","sectionType":"section","heading":"Application of code of conduct for existing body corporate managers and caretaking service contractors","content":"### sec.229 Application of code of conduct for existing body corporate managers and caretaking service contractors\n\nThis section applies to a person who—\nimmediately before the effective day is—\nthe body corporate manager of a community body corporate or precinct body corporate; or\na caretaking service contractor for a site or precinct or part of a site or precinct; and\non the effective day, continues to be the body corporate manager of the body corporate or caretaking service contractor for the site or the precinct or the part of the site or precinct.\nThe code of conduct for body corporate managers and caretaking service contractors applies to the person only in relation to acts done or omissions made on or after the effective day.\ns 229 ins 2011 No. 27 s 311\n(sec.229-ssec.1) This section applies to a person who— immediately before the effective day is— the body corporate manager of a community body corporate or precinct body corporate; or a caretaking service contractor for a site or precinct or part of a site or precinct; and on the effective day, continues to be the body corporate manager of the body corporate or caretaking service contractor for the site or the precinct or the part of the site or precinct.\n(sec.229-ssec.2) The code of conduct for body corporate managers and caretaking service contractors applies to the person only in relation to acts done or omissions made on or after the effective day.\n- (a) immediately before the effective day is— (i) the body corporate manager of a community body corporate or precinct body corporate; or (ii) a caretaking service contractor for a site or precinct or part of a site or precinct; and\n- (i) the body corporate manager of a community body corporate or precinct body corporate; or\n- (ii) a caretaking service contractor for a site or precinct or part of a site or precinct; and\n- (b) on the effective day, continues to be the body corporate manager of the body corporate or caretaking service contractor for the site or the precinct or the part of the site or precinct.\n- (i) the body corporate manager of a community body corporate or precinct body corporate; or\n- (ii) a caretaking service contractor for a site or precinct or part of a site or precinct; and","sortOrder":349},{"sectionNumber":"sec.230","sectionType":"section","heading":"Application of code of conduct for existing letting agents","content":"### sec.230 Application of code of conduct for existing letting agents\n\nThis section applies to a person who—\nimmediately before the effective day, is a letting agent for a site or precinct or part of a site or precinct; and\non the effective day, continues to be a letting agent for the site or precinct or the part of the site or precinct.\nThe code of conduct for letting agents applies to the person only in relation to acts done or omissions made on or after the effective day.\ns 230 ins 2011 No. 27 s 311\n(sec.230-ssec.1) This section applies to a person who— immediately before the effective day, is a letting agent for a site or precinct or part of a site or precinct; and on the effective day, continues to be a letting agent for the site or precinct or the part of the site or precinct.\n(sec.230-ssec.2) The code of conduct for letting agents applies to the person only in relation to acts done or omissions made on or after the effective day.\n- (a) immediately before the effective day, is a letting agent for a site or precinct or part of a site or precinct; and\n- (b) on the effective day, continues to be a letting agent for the site or precinct or the part of the site or precinct.","sortOrder":350},{"sectionNumber":"pt.15","sectionType":"part","heading":"Transitional provisions for Building Units and Group Titles and Other Legislation Amendment Act 2022","content":"# Transitional provisions for Building Units and Group Titles and Other Legislation Amendment Act 2022","sortOrder":351},{"sectionNumber":"sec.231","sectionType":"section","heading":"Application of s 169","content":"### sec.231 Application of s 169\n\nThis section applies if a nominee appointed by a subsidiary body corporate under section 169(1) immediately before the commencement does not meet the requirements of section 169(4).\nOn the commencement, the appointment of the nominee ends.\nSee section 169(3) in relation to any time during which no person is appointed under section 169(1) for a member.\ns 231 ins 2022 No. 28 s 45\n(sec.231-ssec.1) This section applies if a nominee appointed by a subsidiary body corporate under section 169(1) immediately before the commencement does not meet the requirements of section 169(4).\n(sec.231-ssec.2) On the commencement, the appointment of the nominee ends. See section 169(3) in relation to any time during which no person is appointed under section 169(1) for a member.","sortOrder":352},{"sectionNumber":"sec.232","sectionType":"section","heading":"Application of s 177","content":"### sec.232 Application of s 177\n\nSection 177(1)(g) applies only in relation to a meeting of a body corporate held after the commencement.\ns 232 ins 2022 No. 28 s 45","sortOrder":353},{"sectionNumber":"sec.233","sectionType":"section","heading":"Elected persons who are not electable persons","content":"### sec.233 Elected persons who are not electable persons\n\nThis section applies if a person elected as chairperson, secretary or treasurer, or another member of the executive committee of a body corporate, immediately before the commencement is not an electable person for the body corporate.\nOn the commencement, the person vacates the person’s office.\nSection 186(3) to (11) applies in relation to the vacancy.\nIn this section—\nelectable person , for a body corporate, see section 166C.\ns 233 ins 2022 No. 28 s 45\n(sec.233-ssec.1) This section applies if a person elected as chairperson, secretary or treasurer, or another member of the executive committee of a body corporate, immediately before the commencement is not an electable person for the body corporate.\n(sec.233-ssec.2) On the commencement, the person vacates the person’s office.\n(sec.233-ssec.3) Section 186(3) to (11) applies in relation to the vacancy.\n(sec.233-ssec.4) In this section— electable person , for a body corporate, see section 166C.","sortOrder":354},{"sectionNumber":"sec.234","sectionType":"section","heading":"Application of s 188","content":"### sec.234 Application of s 188\n\nSection 188(5) applies only in relation to a meeting of an executive committee held after the commencement.\ns 234 ins 2022 No. 28 s 45","sortOrder":355}],"analysis":{"summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The original scope of the Act was to create a full approval pathway for new mixed use development schemes. However, the Act has been amended (section 28, subsection 1A) to prohibit any new applications for scheme approval, effectively converting the Act from an enabling statute into a maintenance and management statute for existing approved schemes only. The practical scope has therefore narrowed significantly from its original intent."},"complexity_factors":["Multi-tiered land subdivision structure with at least four layers (community, precinct, stratum, building units), each with its own legal consequences","Multiple interlocking body corporate entities (community body corporate, precinct body corporate, building management committees, strata body corporates) with overlapping memberships and responsibilities","Complex membership substitution rules — as lots are further subdivided, body corporate membership transfers between entities in a cascading manner","Dual approval pathway: applications assessed by local government, then submitted to the Minister, then approved by the Governor in Council","Interaction with multiple other Acts including the Building Units and Group Titles Act 1980, Local Government (Planning and Environment) Act 1990, and the Body Corporate and Community Management (Standard Module) Regulation 2008","Future development area provisions create a provisional approval regime that runs parallel to the main scheme approval process","Stratum plans require accompanying management statements and building management committees, adding another governance layer","Voting entitlements for body corporates must be scheduled and calculated in complex ways across multiple membership tiers","Appeal rights, security lodgment requirements, and ministerial direction powers create procedural complexity with multiple contingent timelines","The Act applies to a finite and closed set of existing schemes, meaning it must be interpreted against historical approvals without the ability to create new ones"],"plain_english_summary":"The Mixed Use Development Act 1993 (Qld) sets a specialised legal framework for mixed-use sites (e.g., apartments, shops, offices, hotels) and now mainly governs existing approved schemes because new scheme applications are closed. It creates layered ownership and management (community, precinct, strata bodies corporate) with separate levies, by‑laws and voting rights. It matters to developers, lot owners/occupiers and councils because it dictates how such complexes are structured, managed and regulated."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.28(1) and sec.28(1A)","severity":"high","reasoning":"Section 28(1) is the general enabling provision allowing applications. Section 28(1A) was inserted by amendment and effectively nullifies s.28(1) from its commencement. The carve-out for applications 'required to be made under this division' under other provisions of the Act is narrow and cannot resurrect the general application right. The Act continues to set out detailed requirements for applications (ss.28(2)-(8)) that can never be used for new approvals, making those provisions largely redundant.","confidence":0.88,"description":"Section 28(1) states applications for approval 'may be made to the relevant local government', but section 28(1A) immediately provides that 'no further applications for approval may be made'. The Act establishes an application process and then closes it, rendering the primary operative provision of Division 1 dead on arrival once s.28(1A) commences."},{"type":"circular_definition","section":"sec.9","severity":"medium","reasoning":"The application process in s.28 requires the applicant to identify 'the site' (s.28(4)(c)) before approval is granted, but s.9 says the site only consists of land within an approved scheme. At the application stage there is no approved scheme, so there is technically no 'site' to identify, yet the application requires the site's address, delineation, and plan. The definition only works retrospectively, creating a logical gap during the application phase.","confidence":0.82,"description":"Section 9 defines 'the site' as 'the land within the boundaries of an approved mixed use scheme'. This is circular: the site is defined by reference to an approved scheme, but the approved scheme itself is defined and described by reference to the site throughout the Act (e.g. ss.11, 12, 26, 28). The site cannot exist until the scheme is approved, but the scheme cannot be described without reference to the site."},{"type":"self_contradicting","section":"sec.6(2)","severity":"medium","reasoning":"Section 6(2) asserts a sweeping override of other law, while s.8(1) requires conformity with the planning scheme. Section 27 then further qualifies this by requiring that uses be lawfully establishable on an as-of-right basis or with a consent permit. The grand claim in s.6(2) is therefore largely illusory — the scheme only permits what planning law already permits (or can be amended to permit), making the 'not otherwise permitted by law' claim misleading and internally contradicted.","confidence":0.75,"description":"Section 6(2) states that 'an approved mixed use scheme will allow the development and subdivision of land in a way not otherwise permitted by law'. This is potentially self-defeating: if the development is 'not otherwise permitted by law', and the Act requires (s.8(1)) that uses under the scheme be consistent with the planning scheme, then the Act simultaneously requires consistency with existing law while claiming to permit things not otherwise permitted."},{"type":"impossible_compliance","section":"sec.44","severity":"medium","reasoning":"Mixed use developments under this Act can span decades. Locking precinct boundaries permanently after community plan registration — which must occur at the outset of subdivision — creates an inflexible structure that cannot accommodate genuine changes in development needs. The prohibition is absolute with no exceptions, ministerial override, or court relief mechanism provided within the visible provisions.","confidence":0.72,"description":"Section 44 prohibits an applicant from applying to amend a precinct boundary after the community plan has been registered. However, section 11 requires that the community plan 'must subdivide the whole site', meaning registration of the community plan is a necessary and early step. This effectively freezes precinct boundaries very early in the development process, potentially for decades, regardless of changed circumstances, market conditions, or planning amendments."},{"type":"impossible_compliance","section":"sec.37(3) and sec.37(4)","severity":"low","reasoning":"If bodies corporate do not exist, the obligation to give notice under s.37(3) is absent. But s.37(4)(a) unconditionally requires a copy of that notice to accompany the application. This creates an impossible compliance situation: the applicant must include a copy of a notice they were never required to give. A purposive reading might resolve this, but on its face the drafting is defective.","confidence":0.78,"description":"Section 37(3) requires the proprietor to give written notice inviting comments from the community body corporate and precinct bodies corporate members, but qualifies this obligation with '(if these exist)'. Section 37(4)(a) then requires the application to include 'a copy of the notice given under subsection (3)'. If the bodies corporate do not exist, no notice needs to be given, yet the application must still include a copy of the notice — a copy of a document that was never required to be created."},{"type":"retroactive_impossibility","section":"sec.4","severity":"high","reasoning":"The Building Units and Group Titles Act 1980 was repealed. Section 4 directs readers to a non-existent Act for definitions. While transitional provisions may have saved some meanings, this is an ongoing structural defect in the Act's definitional framework that creates legal uncertainty about the meaning of key terms used throughout the Act.","confidence":0.85,"description":"Section 4 imports meanings from the Building Units and Group Titles Act 1980, a Queensland Act that has been repealed and replaced by the Body Corporate and Community Management Act 1997. The 1980 Act no longer exists in operative form, meaning the definitional cross-reference points to a repealed statute, potentially leaving key terms undefined."},{"type":"impossible_compliance","section":"sec.33(2)(b)","severity":"low","reasoning":"The obligation is absolute ('must... keep... available... at all times'). Any temporary unavailability — including fire, flood, renovation, or administrative error — would place the chief executive in breach of a statutory duty. No force majeure or reasonable excuse provision is visible in this section.","confidence":0.65,"description":"The chief executive is required to keep a copy of the approved scheme available for inspection 'at all times during which the office is open for the transaction of public business'. This is a physical, paper-era obligation that creates an absolute duty with no exception for system failures, document loss, disaster, or the practical realities of government office operations."}],"contradictions":[{"severity":"medium","section_a":"sec.8(1)","section_b":"sec.6(2)","confidence":0.78,"description":"Section 8(1) requires that a mixed use scheme may only be approved if uses are consistent with the planning scheme, while section 6(2) asserts that an approved scheme allows development 'in a way not otherwise permitted by law'. These provisions directly contradict each other: if all uses must already be consistent with the planning scheme (i.e. lawfully permissible), the scheme cannot simultaneously permit something 'not otherwise permitted by law'."},{"severity":"high","section_a":"sec.28(1)","section_b":"sec.28(1A)","confidence":0.92,"description":"Section 28(1) establishes that applications for approval of a scheme 'may be made to the relevant local government', while section 28(1A) provides that 'no further applications for approval may be made'. These subsections are in direct contradiction within the same section of the Act."},{"severity":"low","section_a":"sec.26(1)(c)","section_b":"sec.12(3)","confidence":0.58,"description":"Section 26(1)(c) requires as a minimum for scheme approval that the site be divided into precincts. Section 12(3) requires the community plan to create at least one community development lot and at least one community property lot — with no express requirement for precinct divisions at the plan stage. The scheme approval requirements and the subdivision plan requirements may therefore create inconsistent minimum structural outcomes."},{"severity":"medium","section_a":"sec.30(3)","section_b":"sec.46(3)","confidence":0.82,"description":"Both sections 30(3) and 46(3) identically provide that public notice and objection requirements under the Local Government (Planning and Environment) Act 1990 'do not apply to the application for approval of the mixed use scheme'. This removes public participation rights when a mixed use scheme accompanies a planning scheme amendment — meaning the public can object to the planning amendment but not to the mixed use scheme that rides on its back, despite the scheme being the operative development instrument."},{"severity":"low","section_a":"sec.22(4)","section_b":"sec.18(2)","confidence":0.62,"description":"Section 22(4) provides that if a community development lot is subdivided by a group titles or building units plan, it 'may not then be subdivided by a precinct plan'. Section 18(2) provides that a balance precinct development lot 'may be subdivided by a further precinct plan as if it were a community development lot'. If a balance precinct development lot is treated as a community development lot for subdivision purposes, it is unclear whether s.22(4)'s prohibition on subsequent precinct plan subdivision also applies to it, creating an ambiguity about the permitted sequence of subdivision."},{"severity":"low","section_a":"sec.35(4)(a)","section_b":"sec.35(5)","confidence":0.68,"description":"Section 35(4)(a) requires that a future development area must be 'contiguous with the other land mentioned in the application'. Section 35(5) then provides that land 'separated from the other land only by a road, railway, tramway or boundary watercourse is taken to be contiguous'. This fictional contiguity potentially allows a future development area to be physically separated from the main site by significant infrastructure (e.g. a major highway or river), which undermines the evident policy rationale of physical connection between the site and the future development area."},{"severity":"medium","section_a":"sec.40(5)","section_b":"sec.40(7)","confidence":0.75,"description":"Section 40(5) states that an application for a subsequent stage 'may be made only if' all necessary amounts have been paid and undertakings given under an agreement with the local authority. Section 40(7) states that such an application 'may be made at any time'. These provisions contradict each other: s.40(7) suggests unfettered timing, while s.40(5) imposes preconditions that may not be satisfiable at any given time."}]},"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":{"_metrics":{"completionTokens":908},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly from its original 1993 form. The excerpt shows substantial amendments in 1999, 2009, 2010, 2011, 2013, and 2022. Key expansions include: (1) 2022 amendments adding detailed conflict-of-interest rules for 'electable persons' and complex definitions for service providers/letting agents; (2) 2011 amendments introducing references to the Body Corporate and Community Management (Standard Module) Regulation 2008; (3) extensive 1999 amendments restructuring the planning and environment interface; and (4) ongoing expansion of stratum subdivision and management statement provisions. The original scheme approval framework has been overlaid with increasingly prescriptive governance requirements."},"complexity_factors":["Extensive cross-referencing to the Building Units and Group Titles Act 1980 and other Queensland legislation","Multi-layered subdivision hierarchy (community → precinct → stratum → building units) with different rules at each level","Multiple body corporate structures with interlocking membership and voting entitlements","Detailed procedural requirements for approvals, amendments, rescissions, and appeals with strict timeframes","Special provisions for tidal/submerged land, canals, and floating buildings","Stratum subdivision creates 3D property interests requiring management statements and building management committees","Numerous defined terms located in Schedule 5 (not shown in excerpt) with complex membership rules","Conditional logic throughout (e.g., different approval paths depending on whether land is 'taken to be zoned' or requires rezoning)","Nested exceptions and savings provisions (e.g., section 115 on implied easements has multiple subsections with carve-outs)","Integration with planning schemes, local government processes, and Governor in Council approvals"],"plain_english_summary":"**What this Act does:**\n\nThis Queensland legislation creates a special framework for **mixed-use developments** — large-scale projects that combine different types of land use (like residential, commercial, industrial, or tourist) on a single site.\n\n**Key concepts explained:**\n\n- **Mixed-use scheme**: A development combining 2+ different uses (e.g., shops + apartments + offices) with shared common property\n- **Community body corporate**: The main management body for the entire development site\n- **Precinct body corporate**: A sub-management body for a specific section (\"precinct\") within the larger development\n- **Community/precinct property**: Shared areas like roads, parks, canals, or facilities that all owners can use\n\n**How it works:**\n\n1. **Approval process**: A developer applies to the local government for approval of a mixed-use scheme, showing how the land will be divided into precincts and what uses are planned\n\n2. **Subdivision hierarchy**: The site is subdivided through a layered system:\n   - **Community plan** — first subdivision of the whole site\n   - **Precinct plans** — further subdivision of community lots into smaller areas\n   - **Stratum plans** — vertical subdivision (creating lots at different heights/depths)\n   - **Building units/group titles plans** — standard subdivision methods for individual lots\n\n3. **Body corporate governance**: Each level has its own body corporate to manage shared property, make by-laws, levy contributions, and maintain common areas\n\n4. **Special features**: The Act allows for:\n   - **Future development areas** — land held for later stages\n   - **Canals and waterways** — special rules for submerged/tidal land\n   - **Thoroughfares** — private roads that can become public\n   - **Stratum subdivision** — 3D property ownership (airspace and subsoil)\n\n**Who it affects:**\n\n- Property developers seeking to create large integrated communities\n- Local governments approving and regulating these developments\n- Property owners in mixed-use schemes (their rights to vote, access common property, and pay levies)\n- Body corporate managers and committees\n\n**Why it matters:**\n\nThis Act enables complex, multi-stage developments that ordinary planning laws can't accommodate. It creates a flexible structure for managing shared infrastructure across different uses and ownership layers, but also imposes significant governance obligations on owners and developers."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has materially expanded from a statutory vehicle to approve mixed‑use development (originally focused on permitting unusual subdivision and shared property arrangements—see s 6 and pt 3) into a comprehensive regulatory regime governing detailed governance, commercial relationships and professional conduct. Amendments (notably added chapters in part 9A, codes in schedules 3–4, strata management and valuation rules in part 6, and tidal/canal provisions and the Bretts Wharf special provisions) have layered consumer‑protection, service‑provider conduct and transfer mechanics onto what began as a land‑use/subdivision framework. Concretely this means the Act now: (a) prescribes conduct codes and forced‑transfer remedies for letting agents and caretakers (ss 201V–201ZE); (b) embeds extensive strata/management statement rules and valuation apportionment for stratum lots (ss 123, 132, 133–140); and (c) contains bespoke provisions for tidal land and canals (pts 7–8) and special local arrangements (pt 12). Those additions broaden the statute’s purpose beyond planning/subdivision into ongoing governance, market regulation and dispute resolution, increasing regulatory footprint and administrative burden on local government, bodies corporate, managers and service providers."},"complexity_factors":["Long Act covering multiple subjects: planning approvals, subdivision, strata, bodies corporate governance, tidal/canal rules, and provider regulation (letting agents/managers)","Extensive cross-references to other legislation: Building Units & Group Titles Act 1980, Real Property Acts, Canals Act 1958, Local Government (Planning & Environment) Act 1990 and others (see ss 4, 23, 53, 156)","Many distinct plan types and staged processes (community plans, precinct plans, stratum plans, group titles, building units plans) with separate lodging, approval and registration conditions (parts 5 and 6; e.g. ss 63–105, 121–125)","Numerous conditional decision trees and time limits (e.g. ss 28, 29–32, 45–48) including extensions, appeals and ministerial directions","Detailed property governance regime creating bodies corporate, executive committees and voting entitlements with layered rules and exceptions (pts 9–9A; e.g. ss 167–177, 185–190)","Nested exceptions and special cases: future development areas, staged precincts, balance precinct lots, submerged/tidal land, Bretts Wharf special regime (ss 10, 35–40, 60, 141–149, pt 12)","Management statements and strata rules with long lists of mandatory and optional components and amendment thresholds (ss 133–140, 138 contains ~20 required items)","Complex remedial and transfer regime for letting agents (ss 201Z–201ZE) with specified notice, ballot, valuation and auction procedures","Multiple dispute forums and jurisdictional boundaries (Planning & Environment Court, QCAT, Building Units & Group Titles mechanisms) governed by different prerequisites (ss 52, 201ZK, 201ZL, 214A–214D)"],"plain_english_summary":"**What this law does (mechanics first)\n\n- Creates a statutory route for \"mixed use schemes\": plans that allow development and subdivision of land for two or more different uses within a single coordinated site (see s 6).\n- Requires an applicant to make a detailed written application to the relevant local government with a plan of development, precincts, voting entitlements and supporting material (see s 28). Local government must decide within a statutory period (40 days unless extended) (s 29) and the approved scheme is submitted to the Minister and finally approved (or varied) by the Governor in Council (ss 32–33).\n- An approved mixed use scheme modifies ordinary planning controls for that site so the scheme governs permitted uses and subdivision within the site (s 53), but it cannot expand the universe of uses beyond what the applicable planning scheme already allows (s 53(3)).\n- On approval the Act creates integrated ownership and management structures: a community body corporate for the whole site (s 15, 167) and precinct bodies corporate for precincts (s 21, 168). These bodies receive community/precinct property and control common areas (ss 15–16, 66, 89).\n- Subdivision and further subdivision are governed by multiple plan types (community plans, precinct plans, group titles, building units plans, stratum plans) with detailed approval, registration and vesting rules and voting entitlement schedules (parts 5 and 6, esp. ss 63–105, 121–125).\n- Bodies corporate run the common property, make by‑laws, levy members for maintenance and services, hold insurance, maintain accounts and minutes, and have prescribed duties and record‑keeping obligations (see ss 174–177, 182, 178–181).\n- The Act creates implied easements (services, support, rights of way) across lots and common property (s 115, ss 126–129) and provides special rules for stratum lots and management statements regulating buildings (part 6, ss 133–140).\n- Special chapters deal with land subject to tidal influence and canals (pts 7 and 8; ss 141–158), including rights, access and who maintains works (e.g. dredging) (ss 156–158).\n- The Act adds regulatory detail for conduct of professional service providers: codes of conduct apply to body corporate managers, caretaking service contractors and letting agents (ss 201V–201W; schedules 3 and 4). It also sets out a transfer and remedial regime to force transfer or termination of a letting agent's \"management rights\" for code contraventions (ss 201Z–201ZM).\n- Dispute resolution: some disputes go to the Planning & Environment Court (appeals against local government decisions — s 52), others to QCAT or the Building Units & Group Titles machinery as specified (ss 214A–214D, 201ZK, 201ZL).\n\nWho this affects\n\n- Developers and applicants proposing a mixed use development: they prepare the scheme and bear the up‑front costs and obligations to construct thoroughfares/canals where required, lodge community plans and may be obliged to provide security or pay contributions (see ss 28, 150, 156).  \n- Owners and occupiers of lots inside a scheme: become members of community/precinct bodies corporate; subject to by‑laws and levies; entitled to voting entitlements set in schedules (ss 24–25, 63, 173–174, 206).  \n- Precinct and community bodies corporate and their executive committees: responsible for management, maintenance, insurance, levies, by‑laws and enforcement (ss 15, 151, 174–177, 206–212).  \n- Letting agents, caretaking contractors and body corporate managers: new codes of conduct and transfer/termination mechanics directly affect authorisations, contracts and business arrangements (part 9A, ss 201V–201ZM).  \n- Local governments, the Minister and Governor in Council: retain decision, approval and notation functions (ss 28–33, 34, 152, 158).  \n- Mortgagees, purchasers and financiers: affected by registration, vesting, extinguishment and implied easements; financiers have specific notice/participation roles under the letting agent transfer regime (ss 61, 108–111, 131, 201S, 201ZD).\n\nWhy it matters (purpose claims and practical tests)\n\n- Official claim: the Act provides a statutory vehicle to concentrate mixed uses, coordinate shared services and allow subdivision patterns not otherwise permitted by general planning laws (s 6; s 53). That is a procedural mechanism to lock in an integrated development model.\n\n- Costs and who pays: the Act places construction and initial infrastructure obligations on the applicant/proprietor (e.g. community/precinct thoroughfares, canals) and ongoing maintenance and dredging costs on the relevant body corporate(s), recovered from members by levies (ss 150–157, 161–162, 174–177). Private owners therefore bear recurrent costs and potential special levies; developers bear upfront engineering, rezoning and approval transaction costs.\n\n- Incentives and trade‑offs: by enabling uses within a scheme that modify local planning controls (s 53), the Act creates an incentive for applicants to bundle complementary uses and internalise infrastructure. That concentrates benefits (developer and lot owners who can exploit mixed uses and common facilities) while spreading costs across members (levies). The Act also constrains use expansion — a scheme cannot increase permitted uses beyond the planning scheme (s 53(3)), limiting the windfall gain from the special regime.\n\n- Compliance burden and administrative discretion: the regime is document‑heavy (detailed application contents under s 28; management statements under ss 133–138), creating compliance work for applicants, local governments and the registrar of titles. Several decisions are subject to ministerial or Governor in Council approval (ss 32–33, 38, 49) and there are multiple prescribed notice periods and appeal paths (ss 29–31, 52), which concentrates discretionary power and operational workload on public officials.\n\n- Effects on private contracting and market structure: the Act imposes statutory duties on bodies corporate to levy and maintain funds (ss 174–177) and gives them powers to appoint or remove managers and to force transfer of letting‑agent management rights for code breaches (ss 192, 201Z–201ZE). These mechanisms change bargaining positions: letting agents and service contractors face statutory compliance and transfer risks, and financiers and purchasers need to factor in the prescribed transfer valuation mechanisms (s 201ZE).\n\n- Implementation risks and substitution effects: the regime cross‑references and modifies other Acts (Building Units & Group Titles Act 1980, Real Property Acts, Canals Act, Local Government (Planning & Environment) Act), generating complexity risks in interpretation and operational strain for registries and courts (see ss 4, 23, 53, 156). Developers may substitute to other structures where this scheme is unattractive, and bodies corporate may rely on delegation to professional managers (s 192), concentrating private market power in managers unless checked by the codes (s 201V–W).\n\nConcrete behavioural changes (who decides, who pays, what changes):\n\n- Developers: prepare and fund scheme applications and infrastructure; expect faster (40‑day) local government decision timetables for \"zoned\" sites (ss 28, 29).  \n- Local government and Minister: decide and approve schemes, note approvals on maps and the plan of development; can extend decision timeframes subject to ministerial direction (ss 29–34).  \n- Bodies corporate and members: decide by comprehensive or ordinary resolution on by‑laws, levies (ss 63, 174–177, 206), and can compel transfer or terminate service arrangements for providers breaching codes (ss 201Z–201ZM).  \n- Service providers (letting agents, caretakers, managers): must comply with statutory codes (ss 201V–201W), face transfer/termination mechanics if they contravene, and may have to accept terms imposed by review advice on service contracts (ss 201ZH–201ZJ).  \n\nKey sections to refer to for practice: definition of mixed use (s 6); applications and contents (s 28); decision timeframes (ss 29–31); effects of approval (s 53); creation/vesting and duties of bodies corporate (ss 15, 66, 89, 174–177); subdivision machinery (parts 5 & 6); implied easements (s 115; ss 126–129); letting agent/service contractor codes and transfer rules (part 9A, ss 201V–201ZM); dispute routes (s 52; ss 214A–214D; ss 201ZK–201ZL)."}},"importantCases":[],"_links":{"self":"/api/acts/mixed-use-development-act-1993","history":"/api/acts/mixed-use-development-act-1993/history","analysis":"/api/acts/mixed-use-development-act-1993/analysis","conflicts":"/api/acts/mixed-use-development-act-1993/conflicts","importantCases":"/api/acts/mixed-use-development-act-1993/important-cases","documents":"/api/acts/mixed-use-development-act-1993/documents"}}