This Act converts specified Inala shopping‑centre land from State leases into freehold, creates two community titles schemes, cancels existing shopping‑centre leases on a set conversion day and vests individual lots in the existing lessees. Lessees must pay a conversion cost (an unimproved‑value component, any GST and transfer duty) before vesting. If unpaid, the State takes a charge on the lot, may require interest and can sell the lot to recover unpaid amounts, following special registration and priority rules.
This Act converts the State-held Inala shopping centre land shown in schedule 1 into freehold lots, creates two community titles schemes covering the shopping centre land, vests specified lots in existing lessees as freehold first owners, and sets a statutory process to collect a defined conversion cost from those lessees. Mechanically, on commencement the Act closes roads within the mapped land and makes them unallocated State land (s 6), cancels any pre-existing deeds of grant over the shopping centre land and requires the Governor in Council to issue deeds of grant to the State for both the shopping centre land and the excluded land (s 7). The chief executive must prepare and register a plan of survey creating one lot for the shopping centre land and one lot for the excluded land (s 8), and then prepare and lodge two plans of subdivision under the Land Title Act, the principal scheme plan SP169871 and the subsidiary scheme plan SP169873, to establish the community titles schemes (s 9).
On the conversion day the Act cancels any shopping centre lease still in force (s 15(1)(a)) and vests specified lots listed in schedule 4 as transfer lots in the persons who were lessees immediately before the conversion day, subject to the processes in ss 16 and 17 and to subleases and other interests continuing as specified (s 15(1)(b), (4)). The chief executive must lodge and ensure registration of community management statements (s 10) and give each lessee a conversion notice within seven days after those statements are recorded, including a tax invoice showing the conversion cost payable (s 13).
The conversion cost comprises each lessee’s unimproved value amount as recorded in the lease valuation on 30 June 2003, any GST payable on supplies relating to the vesting under s 15, and any transfer duty imposed under the Duties Act 2001 (s 14(1)). Lessees must pay the conversion cost and provide specified valuation/transfer information before the conversion day, failing which a maximum penalty of five penalty units applies (s 14). If a first owner does not pay before conversion day, the lot vests subject to a chief executive’s charge in favour of the chief executive securing payment of the conversion cost (s 19). The Act sets out notice, interest, sale and priority procedures for enforcement of that charge (ss 20 to 24), and disclaims any entitlement to compensation for actions taken by the chief executive or the registrar under the part (s 25).
Current sections
Direct links to the current provisions in Inala Shopping Centre Freeholding Act 2006.
35
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This Act may be cited as the Inala Shopping Centre Freeholding Act 2006 .
sec.2
Commencement
sec.2 Commencement
This Act, other than section 32 (2) and part 6 , division 2 , commences on a day to be fixed by proclamation.
Section 32 (2) and part 6 , division 2 commence 1 year after part 2 commences.
(sec.2-ssec.1) This Act, other than section 32 (2) and part 6 , division 2 , commences on a day to be fixed by proclamation.
(sec.2-ssec.2) Section 32 (2) and part 6 , division 2 commence 1 year after part 2 commences.
sec.3
Act binds all persons
sec.3 Act binds all persons
This Act binds all persons, including the State.
sec.4
Dictionary
sec.4 Dictionary
The dictionary in schedule 5 defines particular words used in this Act.
pt.2
Preparation of shopping centre land for creation of community titles schemes
Preparation of shopping centre land for creation of community titles schemes
sec.5
Land shown on sch 1 plan
sec.5 Land shown on sch 1 plan
The shopping centre land is the land shown on the plan in schedule 1 , other than the excluded land.
The excluded land is the land shown on the plan in schedule 1 as the excluded land.
(sec.5-ssec.1) The shopping centre land is the land shown on the plan in schedule 1 , other than the excluded land.
(sec.5-ssec.2) The excluded land is the land shown on the plan in schedule 1 as the excluded land.
sec.6
Permanent closure of road
sec.6 Permanent closure of road
This section applies to the parts of the shopping centre land and the excluded land that are, immediately before the commencement, dedicated as a road for public use.
On the commencement—
the road is permanently closed; and
the land becomes unallocated State land.
Subsection (2) (a) applies despite the Land Act 1994 , chapter 3 , part 2 , division 2 .
(sec.6-ssec.1) This section applies to the parts of the shopping centre land and the excluded land that are, immediately before the commencement, dedicated as a road for public use.
(sec.6-ssec.2) On the commencement— the road is permanently closed; and the land becomes unallocated State land.
(sec.6-ssec.3) Subsection (2) (a) applies despite the Land Act 1994 , chapter 3 , part 2 , division 2 .
(a) the road is permanently closed; and
(b) the land becomes unallocated State land.
sec.7
Issue of deeds of grant for shopping centre land and excluded land
sec.7 Issue of deeds of grant for shopping centre land and excluded land
On the commencement—
any part of the shopping centre land that was, immediately before the commencement, subject to a shopping centre lease becomes unallocated State land; and
a deed of grant issued before the commencement for any part of the shopping centre land is cancelled and the land becomes unallocated State land.
The Governor in Council must issue to the State—
a deed of grant for the shopping centre land; and
a deed of grant for the excluded land.
A deed of grant required under subsection (2) to be issued—
must be issued under the Land Act 1994 ; and
subject to section 21 of that Act, is issued free of all of the interests to which the shopping centre land or the excluded land was subject immediately before the commencement.
However, the conversion of the shopping centre land to freehold land, and the issue of a deed of grant for the land, under this section does not terminate a shopping centre lease.
To remove any doubt, it is declared that the Housing Act 2003 , section 112 continues to apply to a shopping centre lease until the lease is cancelled under section 15 or otherwise terminated.
In this section—
deed of grant means a document evidencing the grant of land in fee simple under the Land Act 1994 that includes an indefeasible title under the Land Title Act .
(sec.7-ssec.1) On the commencement— any part of the shopping centre land that was, immediately before the commencement, subject to a shopping centre lease becomes unallocated State land; and a deed of grant issued before the commencement for any part of the shopping centre land is cancelled and the land becomes unallocated State land.
(sec.7-ssec.2) The Governor in Council must issue to the State— a deed of grant for the shopping centre land; and a deed of grant for the excluded land.
(sec.7-ssec.3) A deed of grant required under subsection (2) to be issued— must be issued under the Land Act 1994 ; and subject to section 21 of that Act, is issued free of all of the interests to which the shopping centre land or the excluded land was subject immediately before the commencement.
(sec.7-ssec.4) However, the conversion of the shopping centre land to freehold land, and the issue of a deed of grant for the land, under this section does not terminate a shopping centre lease.
(sec.7-ssec.5) To remove any doubt, it is declared that the Housing Act 2003 , section 112 continues to apply to a shopping centre lease until the lease is cancelled under section 15 or otherwise terminated.
(sec.7-ssec.6) In this section— deed of grant means a document evidencing the grant of land in fee simple under the Land Act 1994 that includes an indefeasible title under the Land Title Act .
(a) any part of the shopping centre land that was, immediately before the commencement, subject to a shopping centre lease becomes unallocated State land; and
(b) a deed of grant issued before the commencement for any part of the shopping centre land is cancelled and the land becomes unallocated State land.
(a) a deed of grant for the shopping centre land; and
(b) a deed of grant for the excluded land.
(a) must be issued under the Land Act 1994 ; and
(b) subject to section 21 of that Act, is issued free of all of the interests to which the shopping centre land or the excluded land was subject immediately before the commencement.
sec.8
Preparation and registration of plan of survey
sec.8 Preparation and registration of plan of survey
The chief executive must ensure a plan of survey creating 1 lot for the shopping centre land and 1 lot for the excluded land is prepared as soon as practicable after the commencement.
The plan of survey must generally correspond with the plan in schedule 1 .
The chief executive must ensure the plan of survey is registered under the Land Act 1994 .
No fee is payable for registering the plan of survey under the Land Act 1994 .
(sec.8-ssec.1) The chief executive must ensure a plan of survey creating 1 lot for the shopping centre land and 1 lot for the excluded land is prepared as soon as practicable after the commencement.
(sec.8-ssec.2) The plan of survey must generally correspond with the plan in schedule 1 .
(sec.8-ssec.3) The chief executive must ensure the plan of survey is registered under the Land Act 1994 .
(sec.8-ssec.4) No fee is payable for registering the plan of survey under the Land Act 1994 .
pt.3
Establishment of community titles schemes
Establishment of community titles schemes
sec.9
Plans of subdivision for community titles schemes
sec.9 Plans of subdivision for community titles schemes
As soon as practicable after the plan of survey mentioned in section 8 is registered, the chief executive must ensure the following plans of subdivision are prepared and lodged for registration under the Land Title Act —
plan of subdivision SP169871 (the principal scheme plan ), subdividing the shopping centre land into lots to be included in, and common property for, a community titles scheme;
plan of subdivision SP169873 (the subsidiary scheme plan ), subdividing proposed lot 22 shown on the principal scheme plan into lots to be included in, and common property for, a community titles scheme.
The lots and common property, and the easements relating to the lots and common property, shown on the principal scheme plan must generally correspond with the lots, common property and easements shown on the plan in schedule 2 .
The lots and common property, and the easements relating to the lots and common property, shown on the subsidiary scheme plan must generally correspond with the lots, common property and easements shown on the plan in schedule 3 .
For the Land Title Act , section 50 , a plan of subdivision prepared under this section is taken to have been approved by the Brisbane City Council.
To remove any doubt, it is declared that section 44 of the BCCM Act does not prevent the registration under the Land Title Act of an easement shown on the principal scheme plan.
In this section—
common property see the BCCM Act , section 10 .
(sec.9-ssec.1) As soon as practicable after the plan of survey mentioned in section 8 is registered, the chief executive must ensure the following plans of subdivision are prepared and lodged for registration under the Land Title Act — plan of subdivision SP169871 (the principal scheme plan ), subdividing the shopping centre land into lots to be included in, and common property for, a community titles scheme; plan of subdivision SP169873 (the subsidiary scheme plan ), subdividing proposed lot 22 shown on the principal scheme plan into lots to be included in, and common property for, a community titles scheme.
(sec.9-ssec.2) The lots and common property, and the easements relating to the lots and common property, shown on the principal scheme plan must generally correspond with the lots, common property and easements shown on the plan in schedule 2 .
(sec.9-ssec.3) The lots and common property, and the easements relating to the lots and common property, shown on the subsidiary scheme plan must generally correspond with the lots, common property and easements shown on the plan in schedule 3 .
(sec.9-ssec.4) For the Land Title Act , section 50 , a plan of subdivision prepared under this section is taken to have been approved by the Brisbane City Council.
(sec.9-ssec.5) To remove any doubt, it is declared that section 44 of the BCCM Act does not prevent the registration under the Land Title Act of an easement shown on the principal scheme plan.
(sec.9-ssec.6) In this section— common property see the BCCM Act , section 10 .
(a) plan of subdivision SP169871 (the principal scheme plan ), subdividing the shopping centre land into lots to be included in, and common property for, a community titles scheme;
(b) plan of subdivision SP169873 (the subsidiary scheme plan ), subdividing proposed lot 22 shown on the principal scheme plan into lots to be included in, and common property for, a community titles scheme.
sec.10
Community management statements for community titles schemes
sec.10 Community management statements for community titles schemes
The chief executive must ensure the first community management statements for the proposed community titles schemes are lodged for recording under the Land Title Act .
For the BCCM Act , section 60 , the Brisbane City Council is taken to have endorsed the community management statements with community management statement notations.
In this section—
proposed community titles schemes means the community titles schemes mentioned in section 9 (1) (a) and (b) .
(sec.10-ssec.1) The chief executive must ensure the first community management statements for the proposed community titles schemes are lodged for recording under the Land Title Act .
(sec.10-ssec.2) For the BCCM Act , section 60 , the Brisbane City Council is taken to have endorsed the community management statements with community management statement notations.
(sec.10-ssec.3) In this section— proposed community titles schemes means the community titles schemes mentioned in section 9 (1) (a) and (b) .
sec.11
Date of establishment of community titles schemes
sec.11 Date of establishment of community titles schemes
The principal scheme and subsidiary scheme are taken to be established on the conversion day.
Subsection (1) applies despite the BCCM Act , section 24 (2) .
If the State grants an easement before the conversion day over land that will be scheme land for the principal scheme or subsidiary scheme, the easement takes effect in relation to the shopping centre land from the day the easement is created.
However, if an easement to which subsection (3) applies is inconsistent with the terms of a shopping centre lease, the lease prevails to the extent of the inconsistency.
(sec.11-ssec.1) The principal scheme and subsidiary scheme are taken to be established on the conversion day.
(sec.11-ssec.2) Subsection (1) applies despite the BCCM Act , section 24 (2) .
(sec.11-ssec.3) If the State grants an easement before the conversion day over land that will be scheme land for the principal scheme or subsidiary scheme, the easement takes effect in relation to the shopping centre land from the day the easement is created.
(sec.11-ssec.4) However, if an easement to which subsection (3) applies is inconsistent with the terms of a shopping centre lease, the lease prevails to the extent of the inconsistency.
sec.12
State as original owner for community titles schemes
sec.12 State as original owner for community titles schemes
The State can not be prosecuted for not complying with an obligation under the BCCM Act in the State’s capacity as the original owner for the principal scheme or subsidiary scheme.
The Body Corporate and Community Management (Commercial Module) Regulation 1997 , section 49 (1) (b) and (f) , does not apply to the State as the original owner for the principal scheme or subsidiary scheme.
(sec.12-ssec.1) The State can not be prosecuted for not complying with an obligation under the BCCM Act in the State’s capacity as the original owner for the principal scheme or subsidiary scheme.
(sec.12-ssec.2) The Body Corporate and Community Management (Commercial Module) Regulation 1997 , section 49 (1) (b) and (f) , does not apply to the State as the original owner for the principal scheme or subsidiary scheme.
sec.13
Notice to lessees of recording of community management statements etc.
sec.13 Notice to lessees of recording of community management statements etc.
Within 7 days after the first community management statements for the principal scheme and subsidiary scheme are recorded, the chief executive must give each lessee of a shopping centre lease—
a notice (a conversion notice ) stating each of the following—
that community management statements for the principal scheme and subsidiary scheme have been recorded;
the conversion day;
the information the lessee is required to give the chief executive before the conversion day; and
a tax invoice issued by the department that shows the conversion cost payable by the lessee.
The information stated in a conversion notice under subsection (1) (a) (iii) must be—
information in, or to the effect of, the approved form for the Valuation of Land Act 1944 , section 81 (1) ; and
any other information reasonably required by the chief executive in relation to the vesting of a transfer lot in the lessee.
In this section—
tax invoice see the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth) , section 195 -1
(sec.13-ssec.1) Within 7 days after the first community management statements for the principal scheme and subsidiary scheme are recorded, the chief executive must give each lessee of a shopping centre lease— a notice (a conversion notice ) stating each of the following— that community management statements for the principal scheme and subsidiary scheme have been recorded; the conversion day; the information the lessee is required to give the chief executive before the conversion day; and a tax invoice issued by the department that shows the conversion cost payable by the lessee.
(sec.13-ssec.2) The information stated in a conversion notice under subsection (1) (a) (iii) must be— information in, or to the effect of, the approved form for the Valuation of Land Act 1944 , section 81 (1) ; and any other information reasonably required by the chief executive in relation to the vesting of a transfer lot in the lessee.
(sec.13-ssec.3) In this section— tax invoice see the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth) , section 195 -1
(a) a notice (a conversion notice ) stating each of the following— (i) that community management statements for the principal scheme and subsidiary scheme have been recorded; (ii) the conversion day; (iii) the information the lessee is required to give the chief executive before the conversion day; and
(i) that community management statements for the principal scheme and subsidiary scheme have been recorded;
(ii) the conversion day;
(iii) the information the lessee is required to give the chief executive before the conversion day; and
(b) a tax invoice issued by the department that shows the conversion cost payable by the lessee.
(i) that community management statements for the principal scheme and subsidiary scheme have been recorded;
(ii) the conversion day;
(iii) the information the lessee is required to give the chief executive before the conversion day; and
(a) information in, or to the effect of, the approved form for the Valuation of Land Act 1944 , section 81 (1) ; and
(b) any other information reasonably required by the chief executive in relation to the vesting of a transfer lot in the lessee.
sec.14
Requirement for lessees to pay conversion cost and provide information
sec.14 Requirement for lessees to pay conversion cost and provide information
The lessee of a shopping centre lease must pay to the chief executive, before the conversion day, the total of the following amounts (the conversion cost )—
the unimproved value amount for each shopping centre lease held by the person immediately before the conversion day;
any GST payable on a supply relating to the vesting of a transfer lot in the person under section 15 ;
any transfer duty imposed under the Duties Act 2001 on the vesting.
For the enforcement of this provision, see sections 19 to 22 .
The lessee of a shopping centre lease must also, before the conversion day, give the chief executive the information required to be given to the chief executive under the conversion notice given to the lessee.
Maximum penalty—5 penalty units.
In this section—
unimproved value amount , for a shopping centre lease, means the amount of the valuation of the unimproved value of the land contained in the lease that was in force under the Valuation of Land Act 1944 on 30 June 2003.
(sec.14-ssec.1) The lessee of a shopping centre lease must pay to the chief executive, before the conversion day, the total of the following amounts (the conversion cost )— the unimproved value amount for each shopping centre lease held by the person immediately before the conversion day; any GST payable on a supply relating to the vesting of a transfer lot in the person under section 15 ; any transfer duty imposed under the Duties Act 2001 on the vesting. For the enforcement of this provision, see sections 19 to 22 .
(sec.14-ssec.2) The lessee of a shopping centre lease must also, before the conversion day, give the chief executive the information required to be given to the chief executive under the conversion notice given to the lessee. Maximum penalty—5 penalty units.
(sec.14-ssec.3) In this section— unimproved value amount , for a shopping centre lease, means the amount of the valuation of the unimproved value of the land contained in the lease that was in force under the Valuation of Land Act 1944 on 30 June 2003.
(a) the unimproved value amount for each shopping centre lease held by the person immediately before the conversion day;
(b) any GST payable on a supply relating to the vesting of a transfer lot in the person under section 15 ;
(c) any transfer duty imposed under the Duties Act 2001 on the vesting.
pt.4
Vesting of lots in lessees
Vesting of lots in lessees
sec.15
Termination of shopping centre leases and vesting of lots in lessees
sec.15 Termination of shopping centre leases and vesting of lots in lessees
On the conversion day—
a shopping centre lease still in force is cancelled; and
a lot included in the principal scheme or subsidiary scheme and identified in schedule 4 , column 1 (a transfer lot ) vests in each person (each a first owner ) who was, immediately before the conversion day, a lessee of a relevant lease for the lot.
Each shopping centre lease listed in schedule 4 , column 2 opposite a transfer lot is a relevant lease for the lot.
Subsection (1) (b) applies subject to sections 16 and 17 .
If a shopping centre lease cancelled under this section was, immediately before its cancellation, subject to a sublease or other interest—
the cancellation of the lease under this section does not terminate the sublease or other interest; and
on the conversion day, the sublease or other interest is taken to be held in relation to each lot vested under subsection (1) in the lessee of the lease.
If there is an unregistered document in relation to a shopping centre lease cancelled under this section, the document must be relodged by the registrar of titles, for the person who lodged the document, against each transfer lot vested in the lessee of the lease.
The following do not apply in relation to the vesting of a transfer lot under this section—
the Land Sales Act 1984 ;
the BCCM Act , chapter 5 , parts 1 to 3 .
In this section—
unregistered document means a document that—
has been lodged under the Land Act 1994 but has not been registered in the appropriate register under that Act; and
has not been rejected.
(sec.15-ssec.1) On the conversion day— a shopping centre lease still in force is cancelled; and a lot included in the principal scheme or subsidiary scheme and identified in schedule 4 , column 1 (a transfer lot ) vests in each person (each a first owner ) who was, immediately before the conversion day, a lessee of a relevant lease for the lot.
(sec.15-ssec.2) Each shopping centre lease listed in schedule 4 , column 2 opposite a transfer lot is a relevant lease for the lot.
(sec.15-ssec.3) Subsection (1) (b) applies subject to sections 16 and 17 .
(sec.15-ssec.4) If a shopping centre lease cancelled under this section was, immediately before its cancellation, subject to a sublease or other interest— the cancellation of the lease under this section does not terminate the sublease or other interest; and on the conversion day, the sublease or other interest is taken to be held in relation to each lot vested under subsection (1) in the lessee of the lease.
(sec.15-ssec.5) If there is an unregistered document in relation to a shopping centre lease cancelled under this section, the document must be relodged by the registrar of titles, for the person who lodged the document, against each transfer lot vested in the lessee of the lease.
(sec.15-ssec.6) The following do not apply in relation to the vesting of a transfer lot under this section— the Land Sales Act 1984 ; the BCCM Act , chapter 5 , parts 1 to 3 .
(sec.15-ssec.7) In this section— unregistered document means a document that— has been lodged under the Land Act 1994 but has not been registered in the appropriate register under that Act; and has not been rejected.
(a) a shopping centre lease still in force is cancelled; and
(b) a lot included in the principal scheme or subsidiary scheme and identified in schedule 4 , column 1 (a transfer lot ) vests in each person (each a first owner ) who was, immediately before the conversion day, a lessee of a relevant lease for the lot.
(a) the cancellation of the lease under this section does not terminate the sublease or other interest; and
(b) on the conversion day, the sublease or other interest is taken to be held in relation to each lot vested under subsection (1) in the lessee of the lease.
(a) the Land Sales Act 1984 ;
(b) the BCCM Act , chapter 5 , parts 1 to 3 .
(a) has been lodged under the Land Act 1994 but has not been registered in the appropriate register under that Act; and
(b) has not been rejected.
sec.16
Transfer lot for which a relevant lease is not in force immediately before conversion day
sec.16 Transfer lot for which a relevant lease is not in force immediately before conversion day
This section applies if a relevant lease for a transfer lot is not in force immediately before the conversion day.
If there is another relevant lease for the transfer lot that is in force immediately before the conversion day (the current lease ), the transfer lot is vested in each of the following persons (each a first owner )—
the persons who were, immediately before the conversion day, the lessees of the current lease;
the persons who were the lessees of the lease mentioned in subsection (1) immediately before its termination.
If there is no relevant lease for the transfer lot in force immediately before the conversion day, the lot is not a transfer lot.
(sec.16-ssec.1) This section applies if a relevant lease for a transfer lot is not in force immediately before the conversion day.
(sec.16-ssec.2) If there is another relevant lease for the transfer lot that is in force immediately before the conversion day (the current lease ), the transfer lot is vested in each of the following persons (each a first owner )— the persons who were, immediately before the conversion day, the lessees of the current lease; the persons who were the lessees of the lease mentioned in subsection (1) immediately before its termination.
(sec.16-ssec.3) If there is no relevant lease for the transfer lot in force immediately before the conversion day, the lot is not a transfer lot.
(a) the persons who were, immediately before the conversion day, the lessees of the current lease;
(b) the persons who were the lessees of the lease mentioned in subsection (1) immediately before its termination.
sec.17
Co-ownership of transfer lots
sec.17 Co-ownership of transfer lots
This section applies if a transfer lot is vested under section 15 (1) (b) in more than 1 person.
For lot 3 of the subsidiary scheme, the persons take—
if the lessees of SHPTL 1201, acting jointly, give notice to the chief executive before the conversion day of the individual interests in the lot they have agreed to take—the individual interests in the lot stated in the notice; or
otherwise—the same individual interests in the lot as they had in SHPTL 1201 immediately before its cancellation.
For another transfer lot, the persons take the same individual interests in the lot as they had in the relevant lease or leases for the lot immediately before their cancellation.
(sec.17-ssec.1) This section applies if a transfer lot is vested under section 15 (1) (b) in more than 1 person.
(sec.17-ssec.2) For lot 3 of the subsidiary scheme, the persons take— if the lessees of SHPTL 1201, acting jointly, give notice to the chief executive before the conversion day of the individual interests in the lot they have agreed to take—the individual interests in the lot stated in the notice; or otherwise—the same individual interests in the lot as they had in SHPTL 1201 immediately before its cancellation.
(sec.17-ssec.3) For another transfer lot, the persons take the same individual interests in the lot as they had in the relevant lease or leases for the lot immediately before their cancellation.
(a) if the lessees of SHPTL 1201, acting jointly, give notice to the chief executive before the conversion day of the individual interests in the lot they have agreed to take—the individual interests in the lot stated in the notice; or
(b) otherwise—the same individual interests in the lot as they had in SHPTL 1201 immediately before its cancellation.
sec.18
Recording conversion of title etc.
sec.18 Recording conversion of title etc.
The chief executive must, as soon as practicable after the conversion day—
give the chief executive (land) a notice asking that the chief executive note in the appropriate register under the Land Act 1994 the cancellation under section 15 (1) (a) of the shopping centre leases to which the section applies; and
give the registrar of titles a notice asking that the registrar record the vesting of the transfer lots under section 15 (1) (b) , 16 or 17 and stating—
the name of the first owner of each transfer lot and, if a transfer lot vests in co-owners, the interests taken by the co-owners; and
if a transfer lot vests subject to the chief executive’s charge—the lot vests subject to the charge and the conversion cost for the lot.
The registrar of titles must—
record in the freehold land register—
the vesting of the transfer lots; and
the interests mentioned in section 15 (4) (b) in relation to the transfer lots; and
if a transfer lot vests subject to the chief executive’s charge—
record the chief executive’s charge in the freehold land register; and
while a chief executive’s charge is recorded in the freehold land register, keep a record of the conversion cost for the lot.
Fees payable under the Land Title Act for recording the vesting of a transfer lot under section 15 (1) (b) , 16 or 17 must be paid by the department.
However, no fee is payable for recording the chief executive’s charge under this section.
Subsection (6) applies to an instrument of covenant—
in favour of the State relating to the use for a taxi rank of the part of lot 20 of the principal scheme identified on the principal scheme plan as ‘taxi rank covenant’; and
executed before the conversion day by the chief executive.
The instrument of covenant may be registered under the Land Title Act even though the covenant is entered into by the State with the State.
In this section—
chief executive (land) means the chief executive of the department in which the Land Act 1994 is administered.
(sec.18-ssec.1) The chief executive must, as soon as practicable after the conversion day— give the chief executive (land) a notice asking that the chief executive note in the appropriate register under the Land Act 1994 the cancellation under section 15 (1) (a) of the shopping centre leases to which the section applies; and give the registrar of titles a notice asking that the registrar record the vesting of the transfer lots under section 15 (1) (b) , 16 or 17 and stating— the name of the first owner of each transfer lot and, if a transfer lot vests in co-owners, the interests taken by the co-owners; and if a transfer lot vests subject to the chief executive’s charge—the lot vests subject to the charge and the conversion cost for the lot.
(sec.18-ssec.2) The registrar of titles must— record in the freehold land register— the vesting of the transfer lots; and the interests mentioned in section 15 (4) (b) in relation to the transfer lots; and if a transfer lot vests subject to the chief executive’s charge— record the chief executive’s charge in the freehold land register; and while a chief executive’s charge is recorded in the freehold land register, keep a record of the conversion cost for the lot.
(sec.18-ssec.3) Fees payable under the Land Title Act for recording the vesting of a transfer lot under section 15 (1) (b) , 16 or 17 must be paid by the department.
(sec.18-ssec.4) However, no fee is payable for recording the chief executive’s charge under this section.
(sec.18-ssec.5) Subsection (6) applies to an instrument of covenant— in favour of the State relating to the use for a taxi rank of the part of lot 20 of the principal scheme identified on the principal scheme plan as ‘taxi rank covenant’; and executed before the conversion day by the chief executive.
(sec.18-ssec.6) The instrument of covenant may be registered under the Land Title Act even though the covenant is entered into by the State with the State.
(sec.18-ssec.7) In this section— chief executive (land) means the chief executive of the department in which the Land Act 1994 is administered.
(a) give the chief executive (land) a notice asking that the chief executive note in the appropriate register under the Land Act 1994 the cancellation under section 15 (1) (a) of the shopping centre leases to which the section applies; and
(b) give the registrar of titles a notice asking that the registrar record the vesting of the transfer lots under section 15 (1) (b) , 16 or 17 and stating— (i) the name of the first owner of each transfer lot and, if a transfer lot vests in co-owners, the interests taken by the co-owners; and (ii) if a transfer lot vests subject to the chief executive’s charge—the lot vests subject to the charge and the conversion cost for the lot.
(i) the name of the first owner of each transfer lot and, if a transfer lot vests in co-owners, the interests taken by the co-owners; and
(ii) if a transfer lot vests subject to the chief executive’s charge—the lot vests subject to the charge and the conversion cost for the lot.
(i) the name of the first owner of each transfer lot and, if a transfer lot vests in co-owners, the interests taken by the co-owners; and
(ii) if a transfer lot vests subject to the chief executive’s charge—the lot vests subject to the charge and the conversion cost for the lot.
(a) record in the freehold land register— (i) the vesting of the transfer lots; and (ii) the interests mentioned in section 15 (4) (b) in relation to the transfer lots; and
(i) the vesting of the transfer lots; and
(ii) the interests mentioned in section 15 (4) (b) in relation to the transfer lots; and
(b) if a transfer lot vests subject to the chief executive’s charge— (i) record the chief executive’s charge in the freehold land register; and (ii) while a chief executive’s charge is recorded in the freehold land register, keep a record of the conversion cost for the lot.
(i) record the chief executive’s charge in the freehold land register; and
(ii) while a chief executive’s charge is recorded in the freehold land register, keep a record of the conversion cost for the lot.
(i) the vesting of the transfer lots; and
(ii) the interests mentioned in section 15 (4) (b) in relation to the transfer lots; and
(i) record the chief executive’s charge in the freehold land register; and
(ii) while a chief executive’s charge is recorded in the freehold land register, keep a record of the conversion cost for the lot.
(a) in favour of the State relating to the use for a taxi rank of the part of lot 20 of the principal scheme identified on the principal scheme plan as ‘taxi rank covenant’; and
(b) executed before the conversion day by the chief executive.
sec.19
Creation of chief executive’s charge
sec.19 Creation of chief executive’s charge
This section applies if the conversion cost for a transfer lot is not paid by the first owner of the lot before the conversion day.
Each transfer lot vesting in the first owner under section 15 (1) (b) , 16 or 17 vests subject to a charge (the chief executive’s charge ) in favour of the chief executive securing payment of the conversion cost.
The charge is binding on the first owner of the lot and the owner’s successors in title.
For the Local Government Act 2009 , the chief executive’s charge is an encumbrance conferring rights on the State.
s 19 amd 2009 No. 17 s 331 sch 1
(sec.19-ssec.1) This section applies if the conversion cost for a transfer lot is not paid by the first owner of the lot before the conversion day.
(sec.19-ssec.2) Each transfer lot vesting in the first owner under section 15 (1) (b) , 16 or 17 vests subject to a charge (the chief executive’s charge ) in favour of the chief executive securing payment of the conversion cost.
(sec.19-ssec.3) The charge is binding on the first owner of the lot and the owner’s successors in title.
(sec.19-ssec.4) For the Local Government Act 2009 , the chief executive’s charge is an encumbrance conferring rights on the State.
sec.20
Enforcement of chief executive’s charge—notice of intention to sell lot
sec.20 Enforcement of chief executive’s charge—notice of intention to sell lot
This section applies if—
a transfer lot vests in the first owner subject to the chief executive’s charge; and
the chief executive decides the lot should be sold to recover the unpaid conversion cost.
The chief executive must give notice (a notice of intention to sell ) stating the matters mentioned in subsection (3) to—
the registered owner of the lot; and
each mortgagee of the lot.
The matters are each of the following—
the conversion day;
the amount of the unpaid conversion cost;
that the chief executive may sell the lot if the registered owner does not pay to the chief executive within a stated period—
the amount of the unpaid conversion cost; and
if the chief executive requires interest on the unpaid conversion cost to be paid by the registered owner—interest on the unpaid conversion cost.
The total amount payable by the registered owner under subsection (3) (c) is the demand amount .
The period stated in the notice under subsection (3) (c) must be at least 14 days after the notice is given to the registered owner.
If the notice requires the registered owner to pay interest under subsection (3) (c) (ii) , the interest is payable—
for the period starting on the day after the conversion day and ending on the day the amount of the unpaid conversion cost is paid in full; and
at the Reserve Bank of Australia’s official cash rate for each day in the period plus 2%.
The Reserve Bank of Australia’s official cash rate is published on the bank’s website at <www.rba.gov.au>.
If the registered owner does not pay the demand amount within the period stated in the notice, the chief executive may—
sell the lot; or
if a mortgagee agrees to sell the lot—allow the mortgagee to sell the lot.
If the chief executive allows a mortgagee to sell the lot under subsection (7) (b) , the registered owner is taken to be in default under the mortgage.
(sec.20-ssec.1) This section applies if— a transfer lot vests in the first owner subject to the chief executive’s charge; and the chief executive decides the lot should be sold to recover the unpaid conversion cost.
(sec.20-ssec.2) The chief executive must give notice (a notice of intention to sell ) stating the matters mentioned in subsection (3) to— the registered owner of the lot; and each mortgagee of the lot.
(sec.20-ssec.3) The matters are each of the following— the conversion day; the amount of the unpaid conversion cost; that the chief executive may sell the lot if the registered owner does not pay to the chief executive within a stated period— the amount of the unpaid conversion cost; and if the chief executive requires interest on the unpaid conversion cost to be paid by the registered owner—interest on the unpaid conversion cost.
(sec.20-ssec.4) The total amount payable by the registered owner under subsection (3) (c) is the demand amount .
(sec.20-ssec.5) The period stated in the notice under subsection (3) (c) must be at least 14 days after the notice is given to the registered owner.
(sec.20-ssec.6) If the notice requires the registered owner to pay interest under subsection (3) (c) (ii) , the interest is payable— for the period starting on the day after the conversion day and ending on the day the amount of the unpaid conversion cost is paid in full; and at the Reserve Bank of Australia’s official cash rate for each day in the period plus 2%. The Reserve Bank of Australia’s official cash rate is published on the bank’s website at <www.rba.gov.au>.
(sec.20-ssec.7) If the registered owner does not pay the demand amount within the period stated in the notice, the chief executive may— sell the lot; or if a mortgagee agrees to sell the lot—allow the mortgagee to sell the lot.
(sec.20-ssec.8) If the chief executive allows a mortgagee to sell the lot under subsection (7) (b) , the registered owner is taken to be in default under the mortgage.
(a) a transfer lot vests in the first owner subject to the chief executive’s charge; and
(b) the chief executive decides the lot should be sold to recover the unpaid conversion cost.
(a) the registered owner of the lot; and
(b) each mortgagee of the lot.
(a) the conversion day;
(b) the amount of the unpaid conversion cost;
(c) that the chief executive may sell the lot if the registered owner does not pay to the chief executive within a stated period— (i) the amount of the unpaid conversion cost; and (ii) if the chief executive requires interest on the unpaid conversion cost to be paid by the registered owner—interest on the unpaid conversion cost.
(i) the amount of the unpaid conversion cost; and
(ii) if the chief executive requires interest on the unpaid conversion cost to be paid by the registered owner—interest on the unpaid conversion cost.
(i) the amount of the unpaid conversion cost; and
(ii) if the chief executive requires interest on the unpaid conversion cost to be paid by the registered owner—interest on the unpaid conversion cost.
(a) for the period starting on the day after the conversion day and ending on the day the amount of the unpaid conversion cost is paid in full; and
(b) at the Reserve Bank of Australia’s official cash rate for each day in the period plus 2%. Note— The Reserve Bank of Australia’s official cash rate is published on the bank’s website at <www.rba.gov.au>.
(a) sell the lot; or
(b) if a mortgagee agrees to sell the lot—allow the mortgagee to sell the lot.
sec.21
Release of chief executive’s charge on payment of conversion cost etc.
sec.21 Release of chief executive’s charge on payment of conversion cost etc.
This section applies if—
the chief executive receives payment of the demand amount during the period stated in a notice of intention to sell; or
with the Minister’s consent, the chief executive, after the period stated in a notice of intention to sell, agrees to accept, and receives payment of, another amount in payment of the chief executive’s charge.
The amount mentioned in subsection (1) (b) may be more or less than the demand amount.
Each lot that is subject to the chief executive’s charge is released from the charge.
The chief executive must, as soon as practicable, ask the registrar of titles to record the release of the charge in the freehold land register.
The registrar of titles must, on the chief executive’s request, record the release of the charge in the freehold land register.
No fee is payable for recording the release of the chief executive’s charge under this section.
(sec.21-ssec.1) This section applies if— the chief executive receives payment of the demand amount during the period stated in a notice of intention to sell; or with the Minister’s consent, the chief executive, after the period stated in a notice of intention to sell, agrees to accept, and receives payment of, another amount in payment of the chief executive’s charge.
(sec.21-ssec.2) The amount mentioned in subsection (1) (b) may be more or less than the demand amount.
(sec.21-ssec.3) Each lot that is subject to the chief executive’s charge is released from the charge.
(sec.21-ssec.4) The chief executive must, as soon as practicable, ask the registrar of titles to record the release of the charge in the freehold land register.
(sec.21-ssec.5) The registrar of titles must, on the chief executive’s request, record the release of the charge in the freehold land register.
(sec.21-ssec.6) No fee is payable for recording the release of the chief executive’s charge under this section.
(a) the chief executive receives payment of the demand amount during the period stated in a notice of intention to sell; or
(b) with the Minister’s consent, the chief executive, after the period stated in a notice of intention to sell, agrees to accept, and receives payment of, another amount in payment of the chief executive’s charge.
sec.22
Sale of lot by chief executive
sec.22 Sale of lot by chief executive
If the chief executive may sell a transfer lot under section 20 (7) (a) , the lot may be sold by public auction or private contract.
The chief executive must apply the proceeds of sale as follows—
firstly, in payment of all costs, charges and expenses properly incurred by the chief executive in the sale or a previous attempted sale of the transfer lot;
secondly, in payment of the demand amount to the chief executive;
thirdly, in payment of any amount owing to a mortgagee or, if there is more than 1 mortgagee, according to their priorities;
lastly, in payment to the previous registered owner of the lot.
On the sale of the transfer lot, the chief executive must give the registrar of titles an instrument of transfer executed by the chief executive, in the approved form under the Land Title Act , in relation to the sale.
On receiving the instrument of transfer, the registrar of titles must register the purchaser stated in the instrument for the interest held in the transfer lot by the previous registered owner, free of all encumbrances.
The registrar of titles must comply with subsection (4) even if an instrument of title relating to the transfer lot is not produced.
Subsection (4) applies subject to section 23 .
If the demand amount has not been paid in full after the proceeds of sale are applied, the unpaid part of the amount may be recovered from the previous registered owner of the transfer lot as a debt owing to the State.
The Property Law Act 1974 does not apply to the exercise of the chief executive’s powers under this section.
In this section—
encumbrance —
includes any of the following affecting land—
a mortgage, lien or charge;
a caveat;
an agreement;
a judgment, writ or process;
an interest adverse to the interest of the land’s owner; but
does not include an easement.
previous registered owner , of a transfer lot sold under this section, means the person who was the registered owner of the lot immediately before its sale.
(sec.22-ssec.1) If the chief executive may sell a transfer lot under section 20 (7) (a) , the lot may be sold by public auction or private contract.
(sec.22-ssec.2) The chief executive must apply the proceeds of sale as follows— firstly, in payment of all costs, charges and expenses properly incurred by the chief executive in the sale or a previous attempted sale of the transfer lot; secondly, in payment of the demand amount to the chief executive; thirdly, in payment of any amount owing to a mortgagee or, if there is more than 1 mortgagee, according to their priorities; lastly, in payment to the previous registered owner of the lot.
(sec.22-ssec.3) On the sale of the transfer lot, the chief executive must give the registrar of titles an instrument of transfer executed by the chief executive, in the approved form under the Land Title Act , in relation to the sale.
(sec.22-ssec.4) On receiving the instrument of transfer, the registrar of titles must register the purchaser stated in the instrument for the interest held in the transfer lot by the previous registered owner, free of all encumbrances.
(sec.22-ssec.5) The registrar of titles must comply with subsection (4) even if an instrument of title relating to the transfer lot is not produced.
(sec.22-ssec.6) Subsection (4) applies subject to section 23 .
(sec.22-ssec.7) If the demand amount has not been paid in full after the proceeds of sale are applied, the unpaid part of the amount may be recovered from the previous registered owner of the transfer lot as a debt owing to the State.
(sec.22-ssec.8) The Property Law Act 1974 does not apply to the exercise of the chief executive’s powers under this section.
(sec.22-ssec.9) In this section— encumbrance — includes any of the following affecting land— a mortgage, lien or charge; a caveat; an agreement; a judgment, writ or process; an interest adverse to the interest of the land’s owner; but does not include an easement. previous registered owner , of a transfer lot sold under this section, means the person who was the registered owner of the lot immediately before its sale.
(a) firstly, in payment of all costs, charges and expenses properly incurred by the chief executive in the sale or a previous attempted sale of the transfer lot;
(b) secondly, in payment of the demand amount to the chief executive;
(c) thirdly, in payment of any amount owing to a mortgagee or, if there is more than 1 mortgagee, according to their priorities;
(d) lastly, in payment to the previous registered owner of the lot.
(a) includes any of the following affecting land— (i) a mortgage, lien or charge; (ii) a caveat; (iii) an agreement; (iv) a judgment, writ or process; (v) an interest adverse to the interest of the land’s owner; but
(i) a mortgage, lien or charge;
(ii) a caveat;
(iii) an agreement;
(iv) a judgment, writ or process;
(v) an interest adverse to the interest of the land’s owner; but
(b) does not include an easement.
(i) a mortgage, lien or charge;
(ii) a caveat;
(iii) an agreement;
(iv) a judgment, writ or process;
(v) an interest adverse to the interest of the land’s owner; but
sec.23
Priority of local government charge preserved
sec.23 Priority of local government charge preserved
This section applies if—
the chief executive intends to sell a transfer lot under section 22 ; and
the lot is subject to a charge for an overdue rate under the Local Government Act 2009 .
The chief executive must, before selling the transfer lot, give written notice to the local government to which the rate is payable stating the chief executive’s intention to sell the lot.
The chief executive may sell the transfer lot only—
subject to the charge; or
free of the charge to the extent, and subject to any conditions, agreed by the local government to which the rate is payable.
s 23 amd 2009 No. 17 s 331 sch 1
(sec.23-ssec.1) This section applies if— the chief executive intends to sell a transfer lot under section 22 ; and the lot is subject to a charge for an overdue rate under the Local Government Act 2009 .
(sec.23-ssec.2) The chief executive must, before selling the transfer lot, give written notice to the local government to which the rate is payable stating the chief executive’s intention to sell the lot.
(sec.23-ssec.3) The chief executive may sell the transfer lot only— subject to the charge; or free of the charge to the extent, and subject to any conditions, agreed by the local government to which the rate is payable.
(a) the chief executive intends to sell a transfer lot under section 22 ; and
(b) the lot is subject to a charge for an overdue rate under the Local Government Act 2009 .
(a) subject to the charge; or
(b) free of the charge to the extent, and subject to any conditions, agreed by the local government to which the rate is payable.
sec.24
Chief executive’s charge not affected by mortgagee sale
sec.24 Chief executive’s charge not affected by mortgagee sale
This section applies if—
a transfer lot vests in the first owner subject to the chief executive’s charge; and
a mortgagee exercising the power of sale under the Land Title Act sells the lot before the chief executive’s charge is released under this part.
The chief executive’s charge is not released by the sale and the transfer lot is transferred to the purchaser subject to the charge.
This section applies despite the Property Law Act 1974 , section 86 .
(sec.24-ssec.1) This section applies if— a transfer lot vests in the first owner subject to the chief executive’s charge; and a mortgagee exercising the power of sale under the Land Title Act sells the lot before the chief executive’s charge is released under this part.
(sec.24-ssec.2) The chief executive’s charge is not released by the sale and the transfer lot is transferred to the purchaser subject to the charge.
(sec.24-ssec.3) This section applies despite the Property Law Act 1974 , section 86 .
(a) a transfer lot vests in the first owner subject to the chief executive’s charge; and
(b) a mortgagee exercising the power of sale under the Land Title Act sells the lot before the chief executive’s charge is released under this part.
sec.25
No compensation
sec.25 No compensation
Compensation is not payable for any action taken by the chief executive or the registrar of titles under this part.
pt.5
Miscellaneous provisions
Miscellaneous provisions
sec.26
Particular proceedings not affected by cancellation of shopping centre leases
sec.26 Particular proceedings not affected by cancellation of shopping centre leases
This section applies if shopping centre leases SHPTL 1803 and SHPTL 1252 (the relevant leases ) are cancelled under section 15 (1) (a) .
If the easement proceeding is not finished before the conversion day, the proceeding may be continued, and the Supreme Court may make an easement order, as if the relevant leases had not been cancelled.
Subsection (2) —
does not limit the orders that may be made by the court; and
applies despite section 15 .
Subsection (5) applies if—
an easement order is made by the Supreme Court; and
the relevant easement is not registered before the conversion day; and
the following approvals in relation to registration of the relevant easement have been obtained—
the written approval of the Minister administering the Land Act 1994 ;
if the Supreme Court considers any other approval in relation to the easement is necessary to give effect to SHPTL 1803—any approval required to comply with an order of the court; and
the relevant easement would have been capable of registration under the Land Act 1994 had the relevant leases not been cancelled.
The relevant easement must be registered under the Land Title Act as if the easement had been granted over lot 20 of the principal scheme in favour of lot 21 of the principal scheme.
In this section—
easement order means an order requiring the lessee of SHPTL 1803 to grant an easement over part of the land contained in the lease in favour of the lessee of SHPTL 1252.
easement proceeding means the proceeding started in the Supreme Court in 2004 by the lessee of SHPTL 1252 against the lessee of SHPTL 1803 seeking an easement over, or a statutory right of user in respect of, part of the land contained in SHPTL 1803.
relevant easement means an easement granted in compliance with an easement order.
(sec.26-ssec.1) This section applies if shopping centre leases SHPTL 1803 and SHPTL 1252 (the relevant leases ) are cancelled under section 15 (1) (a) .
(sec.26-ssec.2) If the easement proceeding is not finished before the conversion day, the proceeding may be continued, and the Supreme Court may make an easement order, as if the relevant leases had not been cancelled.
(sec.26-ssec.3) Subsection (2) — does not limit the orders that may be made by the court; and applies despite section 15 .
(sec.26-ssec.4) Subsection (5) applies if— an easement order is made by the Supreme Court; and the relevant easement is not registered before the conversion day; and the following approvals in relation to registration of the relevant easement have been obtained— the written approval of the Minister administering the Land Act 1994 ; if the Supreme Court considers any other approval in relation to the easement is necessary to give effect to SHPTL 1803—any approval required to comply with an order of the court; and the relevant easement would have been capable of registration under the Land Act 1994 had the relevant leases not been cancelled.
(sec.26-ssec.5) The relevant easement must be registered under the Land Title Act as if the easement had been granted over lot 20 of the principal scheme in favour of lot 21 of the principal scheme.
(sec.26-ssec.6) In this section— easement order means an order requiring the lessee of SHPTL 1803 to grant an easement over part of the land contained in the lease in favour of the lessee of SHPTL 1252. easement proceeding means the proceeding started in the Supreme Court in 2004 by the lessee of SHPTL 1252 against the lessee of SHPTL 1803 seeking an easement over, or a statutory right of user in respect of, part of the land contained in SHPTL 1803. relevant easement means an easement granted in compliance with an easement order.
(a) does not limit the orders that may be made by the court; and
(b) applies despite section 15 .
(a) an easement order is made by the Supreme Court; and
(b) the relevant easement is not registered before the conversion day; and
(c) the following approvals in relation to registration of the relevant easement have been obtained— (i) the written approval of the Minister administering the Land Act 1994 ; (ii) if the Supreme Court considers any other approval in relation to the easement is necessary to give effect to SHPTL 1803—any approval required to comply with an order of the court; and
(i) the written approval of the Minister administering the Land Act 1994 ;
(ii) if the Supreme Court considers any other approval in relation to the easement is necessary to give effect to SHPTL 1803—any approval required to comply with an order of the court; and
(d) the relevant easement would have been capable of registration under the Land Act 1994 had the relevant leases not been cancelled.
(i) the written approval of the Minister administering the Land Act 1994 ;
(ii) if the Supreme Court considers any other approval in relation to the easement is necessary to give effect to SHPTL 1803—any approval required to comply with an order of the court; and
sec.27
Accepted development
sec.27 Accepted development
This section applies if development under this Act would, other than for subsection (2) , be prohibited development or assessable development under the Planning Act 2016 .
The development is taken to be accepted development for the Planning Act 2016 .
In this section—
development see the Planning Act 2016 , schedule 2 .
s 27 amd 2009 No. 36 s 872 sch 2
sub 2016 No. 27 s 267
(sec.27-ssec.1) This section applies if development under this Act would, other than for subsection (2) , be prohibited development or assessable development under the Planning Act 2016 .
(sec.27-ssec.2) The development is taken to be accepted development for the Planning Act 2016 .
(sec.27-ssec.3) In this section— development see the Planning Act 2016 , schedule 2 .
sec.28
Provision for survey plan if particular access easement created
sec.28 Provision for survey plan if particular access easement created
This section applies if the Land Title Act , section 83 (2) , would, if subsection (2) did not apply, require a plan of survey prepared for this Act to be approved by the Brisbane City Council.
The Brisbane City Council is taken to have approved the plan of survey.
(sec.28-ssec.1) This section applies if the Land Title Act , section 83 (2) , would, if subsection (2) did not apply, require a plan of survey prepared for this Act to be approved by the Brisbane City Council.
(sec.28-ssec.2) The Brisbane City Council is taken to have approved the plan of survey.
sec.29
Notice of change of ownership of transfer lot
sec.29 Notice of change of ownership of transfer lot
The Land Valuation Act 2010 , section 245 , does not apply in relation to the acquisition by the first owner, or the disposal by the State, of a transfer lot.
As soon as practicable after receiving the relevant information from the first owner, the chief executive must give the information to the valuer-general.
In this section—
relevant information means information in, or to the effect of, the approved form for the Land Valuation Act 2010 , section 245 .
s 29 amd 2010 No. 39 s 325 sch 1 pt 2
(sec.29-ssec.1) The Land Valuation Act 2010 , section 245 , does not apply in relation to the acquisition by the first owner, or the disposal by the State, of a transfer lot.
(sec.29-ssec.2) As soon as practicable after receiving the relevant information from the first owner, the chief executive must give the information to the valuer-general.
(sec.29-ssec.3) In this section— relevant information means information in, or to the effect of, the approved form for the Land Valuation Act 2010 , section 245 .
sec.30
Payment of costs—adjustment of lot entitlement schedule for subsidiary scheme
sec.30 Payment of costs—adjustment of lot entitlement schedule for subsidiary scheme
This section applies if—
the first owner of a transfer lot included in the subsidiary scheme applies, within 3 months after the conversion day, under the BCCM Act , chapter 6 , to the commissioner for an adjustment of the lot entitlement schedule for the scheme; and
the application is dealt with by specialist adjudication under the BCCM Act , chapter 6 , part 8 .
The chief executive is responsible for the costs of the adjudication.
If the application is made before the commencement of the Body Corporate and Community Management and Other Legislation Amendment Act 2007 , section 50 (the commencement ), subsection (2) applies despite the BCCM Act , section 280 as in force immediately before the commencement.
If the application is made after the commencement, subsection (2) applies despite the BCCM Act , section 264 as in force after the commencement.
In this section—
commissioner means the commissioner for body corporate and community management under the BCCM Act .
s 30 amd 2007 No. 11 s 76
(sec.30-ssec.1) This section applies if— the first owner of a transfer lot included in the subsidiary scheme applies, within 3 months after the conversion day, under the BCCM Act , chapter 6 , to the commissioner for an adjustment of the lot entitlement schedule for the scheme; and the application is dealt with by specialist adjudication under the BCCM Act , chapter 6 , part 8 .
(sec.30-ssec.2) The chief executive is responsible for the costs of the adjudication.
(sec.30-ssec.3) If the application is made before the commencement of the Body Corporate and Community Management and Other Legislation Amendment Act 2007 , section 50 (the commencement ), subsection (2) applies despite the BCCM Act , section 280 as in force immediately before the commencement.
(sec.30-ssec.4) If the application is made after the commencement, subsection (2) applies despite the BCCM Act , section 264 as in force after the commencement.
(sec.30-ssec.5) In this section— commissioner means the commissioner for body corporate and community management under the BCCM Act .
(a) the first owner of a transfer lot included in the subsidiary scheme applies, within 3 months after the conversion day, under the BCCM Act , chapter 6 , to the commissioner for an adjustment of the lot entitlement schedule for the scheme; and
(b) the application is dealt with by specialist adjudication under the BCCM Act , chapter 6 , part 8 .
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This Act may be cited as the Inala Shopping Centre Freeholding Act 2006 .
sec.2 Commencement
sec.2 Commencement
This Act, other than section 32 (2) and part 6 , division 2 , commences on a day to be fixed by proclamation.
Section 32 (2) and part 6 , division 2 commence 1 year after part 2 commences.
(sec.2-ssec.1) This Act, other than section 32 (2) and part 6 , division 2 , commences on a day to be fixed by proclamation.
(sec.2-ssec.2) Section 32 (2) and part 6 , division 2 commence 1 year after part 2 commences.
sec.3 Act binds all persons
sec.3 Act binds all persons
This Act binds all persons, including the State.
sec.4 Dictionary
sec.4 Dictionary
The dictionary in schedule 5 defines particular words used in this Act.
pt.2 Preparation of shopping centre land for creation of community titles schemes
Preparation of shopping centre land for creation of community titles schemes
sec.5 Land shown on sch 1 plan
sec.5 Land shown on sch 1 plan
The shopping centre land is the land shown on the plan in schedule 1 , other than the excluded land.
The excluded land is the land shown on the plan in schedule 1 as the excluded land.
(sec.5-ssec.1) The shopping centre land is the land shown on the plan in schedule 1 , other than the excluded land.
(sec.5-ssec.2) The excluded land is the land shown on the plan in schedule 1 as the excluded land.
sec.6 Permanent closure of road
sec.6 Permanent closure of road
This section applies to the parts of the shopping centre land and the excluded land that are, immediately before the commencement, dedicated as a road for public use.
On the commencement—
the road is permanently closed; and
the land becomes unallocated State land.
Subsection (2) (a) applies despite the Land Act 1994 , chapter 3 , part 2 , division 2 .
(sec.6-ssec.1) This section applies to the parts of the shopping centre land and the excluded land that are, immediately before the commencement, dedicated as a road for public use.
(sec.6-ssec.2) On the commencement— the road is permanently closed; and the land becomes unallocated State land.
(sec.6-ssec.3) Subsection (2) (a) applies despite the Land Act 1994 , chapter 3 , part 2 , division 2 .
(a) the road is permanently closed; and
(b) the land becomes unallocated State land.
The Act expressly interacts with several other statutes. It treats the subdivision plans as approved by Brisbane City Council for Land Title Act purposes (s 9(4)), exempts the State from prosecution for failure to comply with certain body corporate obligations when acting as original owner (s 12), preserves specified orders and registration steps in an ongoing Supreme Court easement proceeding (s 26), treats the development undertaken under the Act as accepted development for the Planning Act 2016 (s 27), and preserves the Local Government Act priority for overdue rate charges when a transfer lot is sold (s 23). The Act contains timing rules for commencement and for later-starting provisions (s 2).
All operative transfers, charges and recordings are to be effected by the relevant land administration officers and the registrar of titles, with certain fees waived for plan registration and release of the chief executive’s charge (ss 8(4), 21(6), 18(3)). Schedules are integral to the operation: the plan in schedule 1 defines the land, schedules 2 and 3 set the lot layouts and easements to be mirrored on the principal and subsidiary scheme plans, and schedule 4 lists the transfer lots and corresponding relevant leases which determine who becomes first owner on conversion (ss 5, 9, 15).
Main concepts
Freeholding and statutory vesting, not voluntary conveyancing, is the Act’s core mechanism. The Act replaces State-held lease estates used for shopping centre purposes with one or more registered community titles schemes and freehold lots, by a statutory sequence of plan registration, recording of community management statements, cancellation of leases on a single conversion day, and statutory vesting of lots in particular lessees identified in schedule 4 (ss 8 to 15). That is, ownership transitions are effected by statutory operation rather than private transfer instruments. The chief executive is the central administrative actor required to prepare survey and subdivision plans, lodge community management statements, issue conversion notices and coordinate registration steps (ss 8, 9, 10, 13, 18).
Conversion cost, and the chief executive’s charge, are the fiscal lever. Lessees must pay a conversion cost before conversion day that aggregates three discrete obligations, the unimproved value amount fixed by reference to valuations contained in the lessee’s lease as at 30 June 2003, applicable GST, and any transfer duty payable under the Duties Act 2001 (s 14(1) and (3)). If the conversion cost remains unpaid at conversion day, each vested lot is statutorily charged in favour of the chief executive to secure recovery of the conversion cost, and that statutory charge binds successors in title (s 19). The Act provides a demand and sale power for enforcement, setting minimum notice periods, an interest formula linked to the RBA official cash rate plus 2%, and priorities for application of sale proceeds (ss 20, 22).
Treatment of existing interests is defined and limited. The statutory vesting does not extinguish subleases or other interests subordinate to the shopping centre lease; those continue in relation to the lot vested in the lessee on conversion day (s 15(4)). Unregistered instruments lodged under the Land Act 1994 but not yet registered are to be relodged against each transfer lot vested in the lessee by the registrar of titles (s 15(5)). The Act excludes operation of the Land Sales Act 1984 and chapter 5 parts 1 to 3 of the BCCM Act for the purposes of the vesting (s 15(6)).
Administrative and statutory approvals are pre-authorised or treated as given. Subdivision plans prepared under this Act are taken to have been approved by Brisbane City Council for Land Title Act s 50 purposes (s 9(4)); the Brisbane City Council is taken to have approved the plan of survey if the Land Title Act s 83(2) would otherwise require it (s 28); and community management statements lodged by the chief executive are treated as endorsed by Brisbane City Council for BCCM Act s 60 purposes (s 10(2)). The State, acting as original owner for the schemes, cannot be prosecuted for non-compliance with obligations under the BCCM Act (s 12(1)), and specific BCCM regulation provisions do not apply to the State in that capacity (s 12(2)).
Timing, notice and procedural obligations are explicit. The chief executive must give each lessee a conversion notice within seven days after the first community management statements are recorded, and that notice must include specified valuation-related information and a tax invoice showing the conversion cost (s 13). Lessees must supply information in the approved form under the Valuation of Land Act 1944 or as otherwise reasonably required by the chief executive before conversion day (s 13(2)). The minimum procedural windows for creditor or owner action on unpaid conversion cost are set, including a minimum 14 day period in a notice of intention to sell (s 20(5)).
Statutory caveats are removed and fees waived in places. The Governor in Council’s required deeds of grant are to be issued free of prior interests subject to s 21 of the Land Act 1994 (s 7(3)(b)), but conversion does not terminate a shopping centre lease until cancellation under s 15 or other termination (s 7(4)). Registration fees for the plan of survey are waived (s 8(4)), fees for recording vesting under the Land Title Act are payable by the department (s 18(3)), and no fee is payable for recording or releasing the chief executive’s charge (ss 18(4), 21(6)).
The Act preserves certain third party priorities and court processes. Local government overdue rates keep their priority when a lot is sold under the chief executive’s enforcement power, and the chief executive must notify local government before sale (s 23). A particular Supreme Court easement proceeding begun in 2004 is allowed to continue despite lease cancellation, and if an easement order is made, registration is to be effected as if the easement had been granted over the newly created lots, subject to ministerial approvals and other procedural requirements listed in s 26.
Who it affects
Principal affected parties and the role each plays are:
Lessees under shopping centre leases. They are the primary payers. Each lessee of a shopping centre lease listed as a relevant lease in schedule 4 becomes a first owner of the transfer lot corresponding to that lease on conversion day, provided the lease was in force immediately before conversion day (s 15(1)(b), (2)). Lessees must supply valuation and transfer information in the approved Valuation form and pay the conversion cost before conversion day, or be subject to the chief executive’s charge and enforcement (ss 13, 14, 19).
The State, represented by the Governor in Council and the chief executive. The Governor in Council must issue deeds of grant for the shopping centre land and excluded land (s 7(2)). The relevant departmental chief executives have multiple statutory duties: prepare and register the plan of survey (s 8), prepare and lodge subdivision plans and community management statements (ss 9, 10), issue conversion notices to lessees (s 13), record cancellations and vestings and notify the registrar of titles (s 18), and create and enforce the chief executive’s charge if conversion costs are unpaid (ss 19 to 22). The State, acting as original owner, cannot be prosecuted for non-compliance with certain BCCM Act obligations (s 12(1)).
Mortgagees and purchasers. Mortgagees of transfer lots must be notified of a chief executive’s intended sale to recover unpaid conversion cost and may be allowed to sell the lot if they agree (s 20(2), (7)). Mortgagee sales do not discharge the chief executive’s charge; the lot transfers to a purchaser subject to the charge (s 24).
Brisbane City Council. For planning and subdivision purposes the Act treats specified plans as already approved by the Council and takes Council endorsement of community management statements to have occurred (s 9(4), s 10(2)). The Council’s practical discretion over approvals is curtailed insofar as those statutory deeming provisions apply.
Registrar of Titles and land administration officers. They must record vestings, charges and releases as requested by the chief executive, with the department bearing Land Title Act registration fees for vestings and no fee payable for recording or releasing the chief executive’s charge (s 18(2) to (4), s 21(4) to (6)).
Local governments. If a transfer lot is subject to an overdue rates charge under the Local Government Act 2009, the chief executive must notify the relevant local government before sale and may only sell subject to that charge or free of it by agreement with the local government (s 23).
Sublessees and holders of other interests. Subleases and other interests that existed immediately before cancellation of the shopping centre lease continue in relation to each vested lot; they are not terminated by the statutory cancellation (s 15(4)). Unregistered documents lodged under the Land Act 1994 but not yet registered must be relodged by the registrar against the transfer lots vested in the lessee (s 15(5)).
Valuer-general and revenue authorities. The Act requires lessees to provide valuation information in forms tied to the Valuation of Land Act 1944 (s 13(2)), and it contemplates GST and transfer duty implications by making them elements of the conversion cost (s 14). The chief executive must provide relevant information about acquisition to the valuer-general as soon as practicable (s 29).
Parties to ongoing litigation. The Act preserves the capacity of the Supreme Court to make easement orders in the ongoing 2004 easement proceeding between lessees of SHPTL 1252 and SHPTL 1803, and specifies how any ordered easement should be registered over the new scheme lots (s 26).
Who pays, who decides. Lessees pay the conversion cost (s 14). The chief executive decides administrative timings, whether to create a charge, whether to sell to recover unpaid conversion cost, and whether to accept a reduced payment with Ministerial consent (ss 13, 19, 20, 21). Mortgagees may decide to sell under their mortgage powers provided they accept the consequences under s 20(7)(b) and subject to the statutory charge (s 24).
Key duties and rights
Duties placed on the chief executive and State:
Prepare and register a plan of survey creating one lot for shopping centre land and one for excluded land as soon as practicable after commencement (s 8(1), (3)), and ensure the plan generally corresponds with the schedule 1 plan (s 8(2)). No fee is payable for registering that plan (s 8(4)).
Prepare and lodge subdivision plans SP169871 and SP169873 to create the principal and subsidiary community titles schemes and ensure lots, common property and easements generally correspond with schedules 2 and 3 (s 9(1) to (3)). For Land Title Act s 50 purposes these subdivision plans are taken to be approved by Brisbane City Council (s 9(4)).
Lodge the first community management statements for the schemes and be treated as having Council endorsement for BCCM Act s 60 purposes (s 10).
Give each lessee a conversion notice within seven days after the first community management statements are recorded, stating the recording, the conversion day, the information required, and a tax invoice showing the conversion cost (s 13(1)). The chief executive may require additional information reasonably required to vest a transfer lot in the lessee (s 13(2)(b)).
Notify land administration offices and the registrar of titles as soon as practicable after conversion day to record cancellations of shopping centre leases and the vesting of transfer lots, and to record any chief executive’s charge and conversion cost where applicable (s 18(1) to (2)). Fees for Land Title Act recordings related to vesting are to be paid by the department, and recording the chief executive’s charge incurs no fee (s 18(3) to (4)).
Enforce unpaid conversion costs by creating a chief executive’s charge on the vested transfer lot where conversion cost is not paid by conversion day (s 19(1) to (3)), issuing a notice of intention to sell to the registered owner and each mortgagee with specified content and minimum 14 day period (s 20(2) to (5)), and selling the lot by public auction or private contract if the demand amount remains unpaid (s 22(1), (3), (7)). The chief executive must apply sale proceeds in specified priority sequence (s 22(2)).
Notify local government in advance of intended sale where overdue rates charge exists and sell only subject to the charge or free of it by agreement with the local government (s 23).
Duties and obligations placed on lessees and first owners:
Provide the information required in the conversion notice, being the approved form of the Valuation of Land Act 1944 s 81(1) and any other information reasonably required (s 13(2)).
Pay the conversion cost before conversion day, which includes the unimproved value amount for each shopping centre lease the person held immediately before conversion day, any GST payable on a supply relating to vesting under s 15, and any transfer duty imposed under the Duties Act 2001 on the vesting (s 14(1)). The unimproved value amount is defined by reference to the valuation contained in the lease in force on 30 June 2003 (s 14(3)).
Face a maximum penalty of five penalty units for failure to give the required information before conversion day (s 14(2)). If conversion cost is unpaid, the first owner acquires the lot subject to the chief executive’s charge and its consequences (s 19).
Rights created or preserved:
Lessees who become first owners obtain freehold title to the specified transfer lots on vesting, subject to existing subleases and other interests remaining in force and to any chief executive’s charge if conversion cost is unpaid (s 15(1)(b), (4); s 19(2)). Unregistered documents lodged under the Land Act 1994 are to be relodged by the registrar against each transfer lot vested in the lessee (s 15(5)).
Co-ownership choices are available in limited cases, for example for lot 3 of the subsidiary scheme the lessees of SHPTL 1201, acting jointly, may give notice before conversion day of the individual interests they have agreed to take, otherwise their interests mirror their former interests in SHPTL 1201 (s 17(2)). For other transfer lots, co-owners take the same individual interests they held in the lease immediately before cancellation (s 17(3)).
Mortgagees are to be notified of the chief executive’s intention to sell and may be permitted to sell the lot themselves, with statutory consequences if they do so (s 20(2), (7)). Mortgagee sales do not discharge the chief executive’s charge; the purchaser takes subject to it (s 24).
The registrar of titles is required to record vestings and to register purchasers free of encumbrances on sale by the chief executive, subject to s 23 and s 23’s local government charge preservation (s 22(4), (6); s 23).
Where payment in full of the demand amount is received within the notice period or a different amount accepted with Ministerial consent is received afterward, the chief executive must release the charge and ask the registrar to record that release, with no fee payable for recording the release (s 21(1) to (6)).
Administrative limits and exclusions:
The State, in its capacity as original owner, cannot be prosecuted for failing to comply with obligations under the BCCM Act for the principal or subsidiary schemes (s 12(1)). The Body Corporate and Community Management (Commercial Module) Regulation 1997 s 49(1)(b) and (f) does not apply to the State as original owner (s 12(2)).
The Land Sales Act 1984 and chapter 5 parts 1 to 3 of the BCCM Act do not apply in relation to the vesting of a transfer lot under s 15 (s 15(6)).
Penalties and enforcement
Penalties. The Act prescribes a limited criminal penalty and an administrative enforcement regime centred on property charges and sale. A lessee who fails to give the information required under the conversion notice before the conversion day faces a maximum penalty of five penalty units (s 14(2)). The Act contains no other monetary fines for non-payment; rather it creates security and sale powers to recover unpaid conversion costs (ss 19 to 22).
Recovery mechanisms. If a first owner does not pay the conversion cost before conversion day, the lot vests subject to a chief executive’s charge that secures payment and binds the owner and successors in title (s 19(1) to (3)). The chief executive may recover unpaid conversion cost by issuing a notice of intention to sell to the registered owner and each mortgagee, which must include the conversion day, the amount unpaid, the demand that payment be made within a stated period of at least 14 days, and whether interest is required (s 20(2) to (5)). Interest, if demanded, accrues from the day after conversion day until payment at the Reserve Bank of Australia official cash rate for each day plus 2 per cent (s 20(6)).
Sale process. If the registered owner does not pay the demand amount within the period stated, the chief executive may sell the lot by public auction or private contract, or permit a mortgagee to sell the lot if the mortgagee agrees (s 20(7)). The chief executive must apply sale proceeds in strict priority order: first to costs of sale, second to the demand amount to the chief executive, third to amounts owing to mortgagees according to priority, and last to the previous registered owner (s 22(2)). The chief executive must execute an instrument of transfer and give this to the registrar of titles, who must register the purchaser as owner for the interest held by the previous registered owner, free of all encumbrances, subject to the operation of s 23 (s 22(3) to (6)). Where sale proceeds are insufficient to pay the demand amount in full, the unpaid part of the demand amount is recoverable from the previous registered owner as a debt owing to the State (s 22(7)).
Priority and third party protection. The Act preserves local government rate charges. If the lot is subject to an overdue rates charge under the Local Government Act 2009, the chief executive must give written notice to the local government before sale and may sell only subject to that charge or free of it by agreement with the local government (s 23). Mortgagee sales do not extinguish the chief executive’s charge; a purchaser under a mortgagee sale takes the lot subject to the charge (s 24). If the chief executive allows a mortgagee to sell a lot to recover unpaid conversion cost, the registered owner is taken to be in default under the mortgage (s 20(8)).
Release and payment options. The chief executive must release the charge and request the registrar record the release if the demand amount is paid within the notice period, or if, with Ministerial consent, another agreed amount is accepted after the period, and the registrar must record the release on request, without fee (s 21(1) to (6)). The amount accepted after the period may be more or less than the demand amount, but acceptance after the period requires the Minister’s consent (s 21(1) to (2)).
Procedural protections. Notices have minimum content and minimum periods. The notice of intention to sell must include the conversion day and the unpaid conversion cost amount, provide at least 14 days for payment, and specify applicable interest where demanded (s 20(3) to (6)). The conversion notice to each lessee, including a tax invoice, must be issued within seven days of recording of the first community management statements (s 13(1)). The Act also preserves the effect of existing subleases and other interests by ensuring cancellation of the shopping centre lease does not terminate those interests (s 15(4)).
Waivers and exclusions. The Property Law Act 1974 does not apply to the exercise of the chief executive’s sale powers under s 22 (s 22(8)). The Act states that compensation is not payable for any action taken by the chief executive or the registrar of titles under this part (s 25), closing a route to monetary compensation for parties affected by the statutory vestings and related administrative actions.
How it interacts with other laws
The Act is heavily cross-referential and modifies the operation of several statutes for the specific purpose of converting the Inala shopping centre land.
Land Act 1994 and Land Title Act. Deeds of grant ordered by the Governor in Council must be issued under the Land Act 1994 and are to be issued free of interests to which the land was subject immediately before commencement, subject to Land Act s 21 (s 7(3)). The chief executive must register the plan of survey under the Land Act 1994 and no fee is payable for that registration (s 8(3) to (4)). Plans of subdivision and community management statements are to be lodged and registered under the Land Title Act (ss 9, 10). The registrar of titles must record vestings, interests and the chief executive’s charge in the freehold land register and is to keep a record of the conversion cost for lots while a chief executive’s charge is recorded (s 18(2)).
Body Corporate and Community Management Act 1997 (BCCM Act) and Regulations. The Act creates community titles schemes and treats the principal and subsidiary schemes as established on the conversion day, overriding BCCM Act s 24(2) (s 11(1) to (2)). The chief executive’s lodgement of first community management statements is treated as Brisbane City Council endorsement for BCCM Act s 60 purposes (s 10(2)). The State, in the capacity of original owner, cannot be prosecuted for failing to comply with BCCM Act obligations, and specified provisions of the commercial module regulation do not apply to the State in that capacity (s 12). The Act also excludes chapter 5 parts 1 to 3 of the BCCM Act from applying to the statutory vesting of transfer lots under s 15(6).
Valuation and duties law. The conversion notice must request information in or to the effect of the approved form under the Valuation of Land Act 1944 s 81(1) (s 13(2)(a)). The conversion cost includes the unimproved value amount fixed by reference to the valuation contained in the lease in force on 30 June 2003 (s 14(3)). The conversion cost also explicitly includes GST payable on supplies relating to vesting and any transfer duty imposed under the Duties Act 2001 (s 14(1)(b) to (c)), linking the statutory operation to Commonwealth GST outcomes and state transfer duty law.
Planning and development law. Development carried out under this Act that would otherwise be prohibited or assessable under the Planning Act 2016 is taken to be accepted development for the Planning Act 2016 (s 27). The Act also deems Brisbane City Council to have approved a plan of survey where the Land Title Act s 83(2) would otherwise require such approval (s 28). Those provisions limit the need for separate local planning approvals for the conversion-related development.
Local Government Act 2009 and rates priority. The statute recognises and preserves the priority of local government charges for overdue rates when the chief executive intends to sell a lot; the chief executive must notify the local government and may sell only subject to the charge or free of it by agreement (s 23). The chief executive’s charge is treated as an encumbrance conferring rights on the State for Local Government Act purposes (s 19(4)).
Property law and mortgagee powers. The Act states that the Property Law Act 1974 does not apply to the exercise of the chief executive’s sale powers under s 22 (s 22(8)), and provides that mortgagee sales do not release the chief executive’s charge, so purchasers under mortgagee sales take subject to the charge (s 24), despite Property Law Act s 86 (s 24(3)). This alters the conventional consequences of mortgagee sales for the State’s charge.
Land Sales Act 1984. The Act excludes operation of the Land Sales Act 1984 in relation to the statutory vesting of transfer lots (s 15(6)).
Supreme Court proceedings and registration requirements. Section 26 preserves an ongoing easement proceeding and the court’s power to make an easement order as if the relevant leases had not been cancelled, and it sets out the registration pathway for any such easement where ministerial and other approvals have been obtained (s 26(2), (4) to (5)).
Registrations and fees. The department is to pay the Land Title Act fees for recording vestings (s 18(3)), and no fee is payable for recording or releasing the chief executive’s charge (ss 18(4), 21(6)), and no fee is payable for registration of the plan of survey under the Land Act (s 8(4)). These fee treatments reduce financial friction for the statutory conversion process.
Taken together, the Act temporarily displaces or treats as satisfied certain procedural or approval requirements in other statutes for the precise purpose of the Inala conversion, while preserving key third party priorities such as mortgagee and local government interests in specific ways and linking conversion cost to taxation and transfer duty regimes.
Amendment history
The source text includes in-line amendment notations showing several amendments to particular sections. The recorded amendments in the text are:
Section 19 was amended by 2009 No. 17, s 331 sch 1. The footnote marker s 19 amd 2009 No. 17 s 331 sch 1 appears in the Act text adjacent to s 19, indicating an amendment in 2009 pertaining to that section. The text now includes the addition that for the Local Government Act 2009, the chief executive’s charge is an encumbrance conferring rights on the State (s 19(4)). The precise amendment content is visible in the current wording of s 19.
Section 27 contains amendment markers indicating it was amended by 2009 No. 36 s 872 sch 2 and subsequently varied by the Planning Act 2016 (notated sub 2016 No. 27 s 267). The current s 27 takes development under this Act that would otherwise be prohibited or assessable development under the Planning Act 2016 and treats it as accepted development (s 27(2)).
Section 29 has an amendment notation s 29 amd 2010 No. 39 s 325 sch 1 pt 2. The current s 29 alters application of the Land Valuation Act 2010 s 245, by carving out acquisition or disposal of transfer lots and imposing a requirement on the chief executive to forward relevant information to the valuer-general (s 29(1) to (2)).
Section 30 has an amendment note s 30 amd 2007 No. 11 s 76. Section 30 presently makes the chief executive responsible for costs of specialist adjudication if a first owner of a transfer lot in the subsidiary scheme applies within three months after the conversion day for adjustment of the lot entitlement schedule and the application is dealt with by specialist adjudication under the BCCM Act (s 30(1) to (2)). The section also contains transitional clarifications referring to the commencement of the Body Corporate and Community Management and Other Legislation Amendment Act 2007 and the effect on the application of previous BCCM Act sections (s 30(3) to (4)).
Section 2 (commencement) contains a staggered commencement mechanism whereby the Act, other than s 32(2) and part 6, division 2, commences on proclamation, while s 32(2) and part 6, division 2 commence one year after part 2 commences. The in-text repetition underscores the staged start-up, although s 32 and part 6 text are not included in the supplied excerpt (s 2).
These amendment notations show the Act has been adjusted post-enactment to align with the Local Government Act 2009, Planning Act 2016, the Land Valuation Act 2010 and to allocate responsibility for certain adjudication costs. The Act text as supplied includes those amendments embedded into the operative provisions where relevant, for example s 19(4), s 27(2), s 29(1) to (2), and s 30(2).
No case law or judicial amendment history is supplied in the text. The Act itself references a 2004 Supreme Court easement proceeding, which the Act preserves in s 26, but the supplied source does not contain judgments or litigation outcomes beyond that procedural reference.
Litigation history
The Act text does not supply reported judicial decisions interpreting the Act. It does, however, explicitly reference an ongoing Supreme Court proceeding that was started in 2004 and concerns an application for an easement. Section 26 describes the easement proceeding between the lessee of SHPTL 1252 and the lessee of SHPTL 1803, explains that the proceeding may be continued and the Supreme Court may make an easement order as if the relevant leases had not been cancelled (s 26(2)), and supplies directions for registration of the ordered easement if it is not registered before conversion day, provided ministerial and other approvals have been obtained (s 26(4) to (5)). The proceeding is explicitly defined in the statute text: easement proceeding means the proceeding started in 2004 by the lessee of SHPTL 1252 against the lessee of SHPTL 1803 seeking an easement or a statutory right of user over land in SHPTL 1803 (s 26(6) definitions).
Beyond that preserved proceeding, the Act text contains no references to prior or subsequent litigation decided under or about the Act, and it does not name any judicial authorities or decisions interpreting its provisions. Therefore, practitioners should search databases for post-enactment case law for any judicial treatment, but the supplied Act text contains no litigation history aside from the preserved 2004 proceeding.
Gotchas
The Act contains several technical traps and practical risks that flow from its mechanisms and cross-references. These are matters of statutory design and transactional detail that advisers should flag.
Conversion cost composition and historical valuation anchor. The unimproved value amount which forms part of the conversion cost is the valuation amount contained in the lease that was in force under the Valuation of Land Act 1944 on 30 June 2003 (s 14(3)). That is a fixed historical valuation, not a contemporary market valuation. Lessees and advisers should verify lease terms for the exact unimproved value figure recorded as at that date. Failure to do so risks under- or over-estimating the conversion cost and associated GST or duty.
GST and transfer duty exposure. The conversion cost expressly includes any GST payable on supplies relating to the vesting under s 15, and any transfer duty imposed under the Duties Act 2001 on the vesting (s 14(1)(b) and (c)). Whether GST arises on the statutory vesting, and whether transfer duty is payable, depends on interaction with Commonwealth GST law and state duties law and on the nature of the supply. The Act does not exempt lessees from those taxes; it makes them part of the amount payable. Advisers need to model potential GST and duty consequences and seek contemporary rulings if ambiguity exists.
Short notice windows, critical deadlines, and limited penalty exposure. The conversion notice must be provided within seven days after recording of the first community management statements (s 13(1)). Lessees must pay conversion cost and provide required information before conversion day, under penalty of a statutory charge (s 14(1) to (2)). The criminal penalty for failing to provide information is capped at five penalty units (s 14(2)), which may be small relative to the financial transfer liability. The more significant consequence is the chief executive’s charge, interest and potential sale, rather than criminal sanction. Parties should not rely on the low criminal penalty as a basis to delay payment.
Statutory charge binds successors and survives mortgagee sale consequences. The chief executive’s charge binds the first owner and the owner’s successors in title (s 19(3)). Mortgagee sale does not discharge the statutory charge; a purchaser under such a sale takes the lot subject to the charge (s 24). That means mortgagees’ usual commercial expectation that a sale discharges certain interests may not apply; mortgagees should check whether they will be exposed to an outstanding conversion cost, and consider the impact when evaluating security, priority and enforcement strategies.
Limited compensation and exclusion of certain Acts. The Act declares compensation is not payable for any action taken by the chief executive or the registrar under the part (s 25). It also excludes the Land Sales Act 1984 and parts of the BCCM Act from applying to the vesting (s 15(6)). These exclusions narrow procedural remedies and reshape the usual buyer protections that might arise under those statutes.
State immunity as original owner. The State cannot be prosecuted for non-compliance with obligations under the BCCM Act in its capacity as original owner (s 12(1)), and specified BCCM commercial regulatory provisions do not apply to the State in that capacity (s 12(2)). That reduces enforcement leverage a body corporate might otherwise have against an original owner, and affects negotiating leverage on communal obligations where the State remains involved.
Registration and document handling traps. Unregistered documents lodged under the Land Act 1994 but not registered must be relodged by the registrar of titles against each transfer lot vested in the lessee (s 15(5)). Practitioners must scrutinise whether important instruments are unregistered; they may rely on the statutory relodgement but should confirm relodgement occurs. The Act also makes the department responsible for Land Title Act registration fees for the vestings, but not for taxes the lessee must pay (s 18(3)).
Easement and litigation preservation complexity. Section 26 preserves a specific 2004 Supreme Court easement proceeding and provides a route for registration of any ordered easement subject to ministerial approval and other requirements (s 26(4) to (5)). Where an ongoing dispute exists, parties should map approvals and registration steps in advance, because the Act treats the registration as if the easement had been granted over lot 20 of the principal scheme in favour of lot 21, but only if the ministerial written approval and any other court-required approvals are obtained (s 26(5)).
Interest calculation linked to RBA rate. Interest on unpaid conversion cost, if required by the chief executive, is calculated at the Reserve Bank of Australia official cash rate for each day plus 2 per cent (s 20(6)). That daily linkage may produce a variable interest accrual quite different from standard contractual default rates; advisers should model interest exposure using historical RBA rates and understand the daily computation.
Local government rates priority and sale limitations. The chief executive must notify the local government of intended sale where a rates charge exists and may sell only subject to the charge or free of it by agreement (s 23). That can delay sale or reduce net recovery if local government insists on priority. Civil recovery may thus be constrained by third party priorities.
Co-ownership and notice timing issues. For lot 3 of the subsidiary scheme, co-owners originating from SHPTL 1201 must, acting jointly, give notice to the chief executive before conversion day of individual interests they have agreed to take, else their interests default to what they held in SHPTL 1201 immediately before cancellation (s 17(2)). Failure to give timely notice may cause unintended co-ownership shares.
How to comply
Checklist for the chief executive and relevant State officers
Prepare and register the plan of survey promptly after commencement, ensuring the plan corresponds generally with schedule 1, register it under the Land Act 1994, and note that no registration fee applies (s 8(1) to (4)).
Prepare and lodge the principal and subsidiary subdivision plans (SP169871 and SP169873) for registration under the Land Title Act so they reflect the lots, common property and easements generally corresponding with schedules 2 and 3, and rely on the deeming that the Brisbane City Council has approved the plan for Land Title Act s 50 purposes (s 9(1) to (4)). Ensure community management statements are lodged and treated as endorsed by Brisbane City Council for BCCM Act s 60 purposes (s 10).
Once the first community management statements are recorded, issue a conversion notice to each lessee within seven days that states that the community management statements have been recorded, the conversion day, the information the lessee must provide, and a tax invoice showing the conversion cost payable (s 13(1)). Use the approved Valuation form content for any valuation information requested and record any additional reasonable information requirements to vest a transfer lot (s 13(2)).
Maintain a conversion timetable and conversion day target that allows sufficient time to receive information and payments before conversion day, and to notify valuers and registrar offices as required (ss 13, 14, 18). Track which leases are in force immediately prior to conversion day to determine which lessees become first owners (s 15(1) to (3)).
For unpaid conversion cost at conversion day, ensure the chief executive’s charge is created and recorded by instructing the registrar appropriately, and keep a register of conversion cost amounts while the charge remains (s 19(2), s 18(2)). The registrar must record the charge in the freehold land register on the chief executive’s request and keep a record of conversion cost while a charge is recorded (s 18(2)(b)).
If recovery is necessary, prepare and serve a notice of intention to sell on the registered owner and each mortgagee, including the conversion day, the amount unpaid, the demand for payment within not less than 14 days, and the interest requirement if applicable (s 20(2) to (5)). If the debt remains unpaid, follow s 22 procedural requirements for sale, application of proceeds and transfer instruments, and comply with s 23 to notify local government prior to sale if an overdue rates charge exists.
When the demand amount or an agreed amount (with Ministerial consent) is paid, promptly request the registrar to record release of the charge and confirm the registrar’s recording, noting no fee is payable for the release (s 21(3) to (6)).
Checklist for lessees and prospective first owners
Review your lease to identify the unimproved value amount contained in the lease and note that the Act defines the unimproved value amount by reference to the valuation in force under the Valuation of Land Act 1944 on 30 June 2003 (s 14(3)). Use that figure when budgeting the conversion cost.
Anticipate and budget for GST and transfer duty components of the conversion cost, and obtain tax advice on whether GST or transfer duty will apply to the statutory vesting in your factual circumstances (s 14(1)(b) and (c)).
Complete and return to the chief executive the information stated in the conversion notice before conversion day, using the approved form referenced in s 13(2)(a) and supplying any additional information reasonably required to effect the vesting, to avoid the statutory charge and enforcement steps (s 13(1) to (2), s 14(1) to (2)).
Where you occupy or have subleases, note the statutory protection that cancellation of the shopping centre lease does not terminate subleases or other interests; confirm whether consent or variation to sublease terms is required in light of the vesting (s 15(4)).
For co-ownership situations, particularly for lot 3 of the subsidiary scheme originating from SHPTL 1201, ensure a joint notice is given to the chief executive before conversion day specifying individual shares if you seek a distribution different from existing SHPTL 1201 interests, otherwise the pre-existing SHPTL 1201 interests will be carried over (s 17(2)).
If unable to pay by conversion day, contact the chief executive to understand whether payment arrangements or Ministerial consent to accept another amount may be negotiated (s 21(1) to (2)), while noting that acceptance after the notice period requires Ministerial consent and may include a different amount or interest obligations.
If you are a mortgagee, take early steps to determine whether any outstanding conversion cost may become a secured or gap exposure, given that the chief executive’s charge binds successors and mortgagee sale does not discharge the charge (ss 19(3), 24). Where your borrower is in default or may not pay, consider notification and sale strategy in light of s 20(2) to (8).
Actions for local government and Brisbane City Council
Expect to be treated as having approved subdivision and survey plans for the limited statutory purposes described (ss 9(4), 28). Where you have an overdue rates charge on a transfer lot, prepare to receive notice from the chief executive before any intended sale and be ready to advise on whether the sale may proceed subject to the rates charge or need to be conditional on negotiated discharge (s 23).
Practical recording and documentation steps
Confirm all instruments lodged under the Land Act 1994 that remain unregistered before conversion are identified and track the registrar’s relodgement obligations under s 15(5).
Ensure the department’s conveyancing and titles team coordinates with the registrar of titles to secure recording of cancellation of leases (s 18(1)(a)) and of the vesting of transfer lots, with clear statements of names of first owners and any recorded chief executive’s charge and conversion cost (s 18(1)(b)).
Keep contemporaneous records of conversion notices, tax invoices, payment receipts and any communications with mortgagees, local government and the valuer-general to document statutory compliance and to support any later disputes.
Application timing and dispute preparation
Note the conversion day is the operative moment for vesting and consequences; plan financial and legal steps to be completed before that date to avoid statutory charges and enforcement (s 15(1)). If disputes or litigation are ongoing, particularly concerning easements, preserve relevant court applications and seek coordination with the State to obtain ministerial approvals where necessary to effect registration after an easement order (s 26).
Advisory notes
Tax, duty and valuation consequences may be fact-specific and interact with Commonwealth GST law and state Duties Act provisions; obtain tax and duty advice early.
The Act’s deeming provisions about approvals and its exclusion of certain statutory protections mean standard planning, land sale and body corporate procedures are altered for this conversion; advise clients to rely directly on the statutory text and to secure contemporaneous clearance or confirmations from the chief executive and registrar of titles as to registration steps and charges.
Track interest calculation methodology and model exposure using historical and forecast RBA official cash rates plus 2 per cent where unpaid conversion cost may arise (s 20(6)).
Part pt.2Preparation of shopping centre land for creation of community titles schemes
sec.7 Issue of deeds of grant for shopping centre land and excluded land
sec.7 Issue of deeds of grant for shopping centre land and excluded land
On the commencement—
any part of the shopping centre land that was, immediately before the commencement, subject to a shopping centre lease becomes unallocated State land; and
a deed of grant issued before the commencement for any part of the shopping centre land is cancelled and the land becomes unallocated State land.
The Governor in Council must issue to the State—
a deed of grant for the shopping centre land; and
a deed of grant for the excluded land.
A deed of grant required under subsection (2) to be issued—
must be issued under the Land Act 1994 ; and
subject to section 21 of that Act, is issued free of all of the interests to which the shopping centre land or the excluded land was subject immediately before the commencement.
However, the conversion of the shopping centre land to freehold land, and the issue of a deed of grant for the land, under this section does not terminate a shopping centre lease.
To remove any doubt, it is declared that the Housing Act 2003 , section 112 continues to apply to a shopping centre lease until the lease is cancelled under section 15 or otherwise terminated.
In this section—
deed of grant means a document evidencing the grant of land in fee simple under the Land Act 1994 that includes an indefeasible title under the Land Title Act .
(sec.7-ssec.1) On the commencement— any part of the shopping centre land that was, immediately before the commencement, subject to a shopping centre lease becomes unallocated State land; and a deed of grant issued before the commencement for any part of the shopping centre land is cancelled and the land becomes unallocated State land.
(sec.7-ssec.2) The Governor in Council must issue to the State— a deed of grant for the shopping centre land; and a deed of grant for the excluded land.
(sec.7-ssec.3) A deed of grant required under subsection (2) to be issued— must be issued under the Land Act 1994 ; and subject to section 21 of that Act, is issued free of all of the interests to which the shopping centre land or the excluded land was subject immediately before the commencement.
(sec.7-ssec.4) However, the conversion of the shopping centre land to freehold land, and the issue of a deed of grant for the land, under this section does not terminate a shopping centre lease.
(sec.7-ssec.5) To remove any doubt, it is declared that the Housing Act 2003 , section 112 continues to apply to a shopping centre lease until the lease is cancelled under section 15 or otherwise terminated.
(sec.7-ssec.6) In this section— deed of grant means a document evidencing the grant of land in fee simple under the Land Act 1994 that includes an indefeasible title under the Land Title Act .
(a) any part of the shopping centre land that was, immediately before the commencement, subject to a shopping centre lease becomes unallocated State land; and
(b) a deed of grant issued before the commencement for any part of the shopping centre land is cancelled and the land becomes unallocated State land.
(a) a deed of grant for the shopping centre land; and
(b) a deed of grant for the excluded land.
(a) must be issued under the Land Act 1994 ; and
(b) subject to section 21 of that Act, is issued free of all of the interests to which the shopping centre land or the excluded land was subject immediately before the commencement.
sec.8 Preparation and registration of plan of survey
sec.8 Preparation and registration of plan of survey
The chief executive must ensure a plan of survey creating 1 lot for the shopping centre land and 1 lot for the excluded land is prepared as soon as practicable after the commencement.
The plan of survey must generally correspond with the plan in schedule 1 .
The chief executive must ensure the plan of survey is registered under the Land Act 1994 .
No fee is payable for registering the plan of survey under the Land Act 1994 .
(sec.8-ssec.1) The chief executive must ensure a plan of survey creating 1 lot for the shopping centre land and 1 lot for the excluded land is prepared as soon as practicable after the commencement.
(sec.8-ssec.2) The plan of survey must generally correspond with the plan in schedule 1 .
(sec.8-ssec.3) The chief executive must ensure the plan of survey is registered under the Land Act 1994 .
(sec.8-ssec.4) No fee is payable for registering the plan of survey under the Land Act 1994 .
pt.3 Establishment of community titles schemes
Establishment of community titles schemes
sec.9 Plans of subdivision for community titles schemes
sec.9 Plans of subdivision for community titles schemes
As soon as practicable after the plan of survey mentioned in section 8 is registered, the chief executive must ensure the following plans of subdivision are prepared and lodged for registration under the Land Title Act —
plan of subdivision SP169871 (the principal scheme plan ), subdividing the shopping centre land into lots to be included in, and common property for, a community titles scheme;
plan of subdivision SP169873 (the subsidiary scheme plan ), subdividing proposed lot 22 shown on the principal scheme plan into lots to be included in, and common property for, a community titles scheme.
The lots and common property, and the easements relating to the lots and common property, shown on the principal scheme plan must generally correspond with the lots, common property and easements shown on the plan in schedule 2 .
The lots and common property, and the easements relating to the lots and common property, shown on the subsidiary scheme plan must generally correspond with the lots, common property and easements shown on the plan in schedule 3 .
For the Land Title Act , section 50 , a plan of subdivision prepared under this section is taken to have been approved by the Brisbane City Council.
To remove any doubt, it is declared that section 44 of the BCCM Act does not prevent the registration under the Land Title Act of an easement shown on the principal scheme plan.
In this section—
common property see the BCCM Act , section 10 .
(sec.9-ssec.1) As soon as practicable after the plan of survey mentioned in section 8 is registered, the chief executive must ensure the following plans of subdivision are prepared and lodged for registration under the Land Title Act — plan of subdivision SP169871 (the principal scheme plan ), subdividing the shopping centre land into lots to be included in, and common property for, a community titles scheme; plan of subdivision SP169873 (the subsidiary scheme plan ), subdividing proposed lot 22 shown on the principal scheme plan into lots to be included in, and common property for, a community titles scheme.
(sec.9-ssec.2) The lots and common property, and the easements relating to the lots and common property, shown on the principal scheme plan must generally correspond with the lots, common property and easements shown on the plan in schedule 2 .
(sec.9-ssec.3) The lots and common property, and the easements relating to the lots and common property, shown on the subsidiary scheme plan must generally correspond with the lots, common property and easements shown on the plan in schedule 3 .
(sec.9-ssec.4) For the Land Title Act , section 50 , a plan of subdivision prepared under this section is taken to have been approved by the Brisbane City Council.
(sec.9-ssec.5) To remove any doubt, it is declared that section 44 of the BCCM Act does not prevent the registration under the Land Title Act of an easement shown on the principal scheme plan.
(sec.9-ssec.6) In this section— common property see the BCCM Act , section 10 .
(a) plan of subdivision SP169871 (the principal scheme plan ), subdividing the shopping centre land into lots to be included in, and common property for, a community titles scheme;
(b) plan of subdivision SP169873 (the subsidiary scheme plan ), subdividing proposed lot 22 shown on the principal scheme plan into lots to be included in, and common property for, a community titles scheme.
sec.10 Community management statements for community titles schemes
sec.10 Community management statements for community titles schemes
The chief executive must ensure the first community management statements for the proposed community titles schemes are lodged for recording under the Land Title Act .
For the BCCM Act , section 60 , the Brisbane City Council is taken to have endorsed the community management statements with community management statement notations.
In this section—
proposed community titles schemes means the community titles schemes mentioned in section 9 (1) (a) and (b) .
(sec.10-ssec.1) The chief executive must ensure the first community management statements for the proposed community titles schemes are lodged for recording under the Land Title Act .
(sec.10-ssec.2) For the BCCM Act , section 60 , the Brisbane City Council is taken to have endorsed the community management statements with community management statement notations.
(sec.10-ssec.3) In this section— proposed community titles schemes means the community titles schemes mentioned in section 9 (1) (a) and (b) .
sec.11 Date of establishment of community titles schemes
sec.11 Date of establishment of community titles schemes
The principal scheme and subsidiary scheme are taken to be established on the conversion day.
Subsection (1) applies despite the BCCM Act , section 24 (2) .
If the State grants an easement before the conversion day over land that will be scheme land for the principal scheme or subsidiary scheme, the easement takes effect in relation to the shopping centre land from the day the easement is created.
However, if an easement to which subsection (3) applies is inconsistent with the terms of a shopping centre lease, the lease prevails to the extent of the inconsistency.
(sec.11-ssec.1) The principal scheme and subsidiary scheme are taken to be established on the conversion day.
(sec.11-ssec.2) Subsection (1) applies despite the BCCM Act , section 24 (2) .
(sec.11-ssec.3) If the State grants an easement before the conversion day over land that will be scheme land for the principal scheme or subsidiary scheme, the easement takes effect in relation to the shopping centre land from the day the easement is created.
(sec.11-ssec.4) However, if an easement to which subsection (3) applies is inconsistent with the terms of a shopping centre lease, the lease prevails to the extent of the inconsistency.
sec.12 State as original owner for community titles schemes
sec.12 State as original owner for community titles schemes
The State can not be prosecuted for not complying with an obligation under the BCCM Act in the State’s capacity as the original owner for the principal scheme or subsidiary scheme.
The Body Corporate and Community Management (Commercial Module) Regulation 1997 , section 49 (1) (b) and (f) , does not apply to the State as the original owner for the principal scheme or subsidiary scheme.
(sec.12-ssec.1) The State can not be prosecuted for not complying with an obligation under the BCCM Act in the State’s capacity as the original owner for the principal scheme or subsidiary scheme.
(sec.12-ssec.2) The Body Corporate and Community Management (Commercial Module) Regulation 1997 , section 49 (1) (b) and (f) , does not apply to the State as the original owner for the principal scheme or subsidiary scheme.
sec.13 Notice to lessees of recording of community management statements etc.
sec.13 Notice to lessees of recording of community management statements etc.
Within 7 days after the first community management statements for the principal scheme and subsidiary scheme are recorded, the chief executive must give each lessee of a shopping centre lease—
a notice (a conversion notice ) stating each of the following—
that community management statements for the principal scheme and subsidiary scheme have been recorded;
the conversion day;
the information the lessee is required to give the chief executive before the conversion day; and
a tax invoice issued by the department that shows the conversion cost payable by the lessee.
The information stated in a conversion notice under subsection (1) (a) (iii) must be—
information in, or to the effect of, the approved form for the Valuation of Land Act 1944 , section 81 (1) ; and
any other information reasonably required by the chief executive in relation to the vesting of a transfer lot in the lessee.
In this section—
tax invoice see the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth) , section 195 -1
(sec.13-ssec.1) Within 7 days after the first community management statements for the principal scheme and subsidiary scheme are recorded, the chief executive must give each lessee of a shopping centre lease— a notice (a conversion notice ) stating each of the following— that community management statements for the principal scheme and subsidiary scheme have been recorded; the conversion day; the information the lessee is required to give the chief executive before the conversion day; and a tax invoice issued by the department that shows the conversion cost payable by the
This is an opening excerpt, not the complete document.