sec.102Primary thoroughfare body corporate

sec.102 Primary thoroughfare body corporate

Upon registration of the initial plan or plans of subdivision, the proprietor or proprietors of the land within the site (excluding land within each residential precinct and land comprising the primary thoroughfare) and the principal body corporate shall by virtue of this Act be a body corporate under the name ‘(insert name of development specified in the approval of the scheme) Primary Thoroughfare Body Corporate’. Until the incorporation of the principal body corporate, the proprietors of the land within the residential precincts shall be members of the primary thoroughfare body corporate in place of the principal body corporate. When land, within the site (excluding land within the residential precincts) is subdivided by way of a group titles plan or a building units plan, the proprietor of that land— shall give notice in writing to the primary thoroughfare body corporate of the name and address for service of notices of the body corporate incorporated by the registration of that plan; and shall cease to be a member of the primary thoroughfare body corporate in so far as the proprietor was a member by virtue of being the proprietor of that land; and the body corporate created by the registration of that plan shall become a member of the primary thoroughfare body corporate. The Corporations Act does not apply to or in respect of the primary thoroughfare body corporate. The primary thoroughfare body corporate shall have the powers, authorities, duties and functions conferred or imposed on it by or under this Act and shall do all things reasonably necessary for the control, management and administration of the primary thoroughfare. The primary thoroughfare body corporate shall have perpetual succession and a common seal and shall be capable of suing and being sued in its corporate name and shall be regulated in accordance with the primary thoroughfare by-laws for the time being in force. The primary thoroughfare body corporate may— sue and be sued on any contract made by it; and sue for and in respect of any damage or injury to the primary thoroughfare caused by any person; and be sued in respect of any matter connected with the primary thoroughfare which as proprietor it is so liable; and take such legal action as may be necessary to enforce the primary thoroughfare by-laws. In any case in which work is carried out for the purpose of constructing or preparing the primary thoroughfare, upon registration of the initial plan of subdivision, the primary thoroughfare body corporate shall be deemed to have been a party to an enforceable contract for the carrying out of such work, and may sue in respect of that contract. Nothing in subsection (8) shall relieve the applicant from the applicant’s obligation to pay for the initial construction of the primary thoroughfare to the standard prescribed pursuant to section 89 . s 102 amd 1993 No. 46 s 3 sch ; 2001 No. 45 s 29 sch 3 ; 2004 No. 53 s 2 sch (sec.102-ssec.1) Upon registration of the initial plan or plans of subdivision, the proprietor or proprietors of the land within the site (excluding land within each residential precinct and land comprising the primary thoroughfare) and the principal body corporate shall by virtue of this Act be a body corporate under the name ‘(insert name of development specified in the approval of the scheme) Primary Thoroughfare Body Corporate’. (sec.102-ssec.2) Until the incorporation of the principal body corporate, the proprietors of the land within the residential precincts shall be members of the primary thoroughfare body corporate in place of the principal body corporate. (sec.102-ssec.3) When land, within the site (excluding land within the residential precincts) is subdivided by way of a group titles plan or a building units plan, the proprietor of that land— shall give notice in writing to the primary thoroughfare body corporate of the name and address for service of notices of the body corporate incorporated by the registration of that plan; and shall cease to be a member of the primary thoroughfare body corporate in so far as the proprietor was a member by virtue of being the proprietor of that land; and the body corporate created by the registration of that plan shall become a member of the primary thoroughfare body corporate. (sec.102-ssec.4) The Corporations Act does not apply to or in respect of the primary thoroughfare body corporate. (sec.102-ssec.5) The primary thoroughfare body corporate shall have the powers, authorities, duties and functions conferred or imposed on it by or under this Act and shall do all things reasonably necessary for the control, management and administration of the primary thoroughfare. (sec.102-ssec.6) The primary thoroughfare body corporate shall have perpetual succession and a common seal and shall be capable of suing and being sued in its corporate name and shall be regulated in accordance with the primary thoroughfare by-laws for the time being in force. (sec.102-ssec.7) The primary thoroughfare body corporate may— sue and be sued on any contract made by it; and sue for and in respect of any damage or injury to the primary thoroughfare caused by any person; and be sued in respect of any matter connected with the primary thoroughfare which as proprietor it is so liable; and take such legal action as may be necessary to enforce the primary thoroughfare by-laws. (sec.102-ssec.8) In any case in which work is carried out for the purpose of constructing or preparing the primary thoroughfare, upon registration of the initial plan of subdivision, the primary thoroughfare body corporate shall be deemed to have been a party to an enforceable contract for the carrying out of such work, and may sue in respect of that contract. (sec.102-ssec.9) Nothing in subsection (8) shall relieve the applicant from the applicant’s obligation to pay for the initial construction of the primary thoroughfare to the standard prescribed pursuant to section 89 .