sec.118Notices to be given by proprietors

sec.118 Notices to be given by proprietors

The applicant and any person who, under this section, has given notice of an address for the service of notices on the applicant or other person must give notice in writing to the primary thoroughfare body corporate of an address or change of address for the service of notices on the applicant or other person. Maximum penalty—4 penalty units. After delivery to a transferee of any land within the site (excluding land within the residential precincts) of an instrument or instruments of transfer in the name of the transferee duly executed and capable of immediate registration, the transferor shall give to the primary thoroughfare body corporate written notice which shall identify the land and— specify the name of the transferee in full, the address for the service of notices on the transferee, the address for the service of notices on the transferor and the date upon which the instrument was or instruments were so delivered; and bear written confirmation by the transferee of the accuracy of the information contained in the notice. Where a transferor of any land fails to comply with subsection (2) , the transferee of that land may give to the primary thoroughfare body corporate written notice which shall identify the land and specify the transferee’s name in full, address for service of notices and the date upon which the instrument was or instruments were delivered to the transferee. After a person becomes, otherwise than as a transferee, the proprietor of land within the site (excluding land within the residential precincts) the person shall give to the primary thoroughfare body corporate written notice, in the form of a statutory declaration, which shall identify the lot and specify— by what right the person became entitled to the land; and the person’s name, in full, the address for the service of notices on the person and the date upon which the person became entitled to the land. Where— the primary thoroughfare body corporate believes that a person may, under this section, give a notice to it; and the primary thoroughfare body corporate has not received that notice; the primary thoroughfare body corporate may serve a notice on that person specifying the capacity in which it believes the person is entitled to give the notice and requiring the person— to state, within 14 days, whether or not the person is a person entitled to give a notice in that capacity; and if the person is such a person, to give that notice. Where the primary thoroughfare body corporate has served a notice under subsection (5) on a person whom it believes to be a person entitled to give a notice to the primary thoroughfare body corporate under this section that person is not entitled to cast a vote at any meeting of the primary thoroughfare body corporate until the person gives the required notice. A vote cast at a meeting of the primary thoroughfare body corporate by a person on behalf of a member of the primary thoroughfare body corporate has no effect unless the primary thoroughfare body corporate has been given notice in writing specifying that the person is the nominee of the member. A notice referred to in subsection (7) may be included in any other notice that the member of the primary thoroughfare body corporate to which it relates is entitled under this section to give to the primary thoroughfare body corporate. s 118 amd 1993 No. 46 s 33 ; 1994 No. 11 s 194 sch 2 (sec.118-ssec.1) The applicant and any person who, under this section, has given notice of an address for the service of notices on the applicant or other person must give notice in writing to the primary thoroughfare body corporate of an address or change of address for the service of notices on the applicant or other person. Maximum penalty—4 penalty units. (sec.118-ssec.2) After delivery to a transferee of any land within the site (excluding land within the residential precincts) of an instrument or instruments of transfer in the name of the transferee duly executed and capable of immediate registration, the transferor shall give to the primary thoroughfare body corporate written notice which shall identify the land and— specify the name of the transferee in full, the address for the service of notices on the transferee, the address for the service of notices on the transferor and the date upon which the instrument was or instruments were so delivered; and bear written confirmation by the transferee of the accuracy of the information contained in the notice. (sec.118-ssec.3) Where a transferor of any land fails to comply with subsection (2) , the transferee of that land may give to the primary thoroughfare body corporate written notice which shall identify the land and specify the transferee’s name in full, address for service of notices and the date upon which the instrument was or instruments were delivered to the transferee. (sec.118-ssec.4) After a person becomes, otherwise than as a transferee, the proprietor of land within the site (excluding land within the residential precincts) the person shall give to the primary thoroughfare body corporate written notice, in the form of a statutory declaration, which shall identify the lot and specify— by what right the person became entitled to the land; and the person’s name, in full, the address for the service of notices on the person and the date upon which the person became entitled to the land. (sec.118-ssec.5) Where— the primary thoroughfare body corporate believes that a person may, under this section, give a notice to it; and the primary thoroughfare body corporate has not received that notice; the primary thoroughfare body corporate may serve a notice on that person specifying the capacity in which it believes the person is entitled to give the notice and requiring the person— to state, within 14 days, whether or not the person is a person entitled to give a notice in that capacity; and if the person is such a person, to give that notice. (sec.118-ssec.6) Where the primary thoroughfare body corporate has served a notice under subsection (5) on a person whom it believes to be a person entitled to give a notice to the primary thoroughfare body corporate under this section that person is not entitled to cast a vote at any meeting of the primary thoroughfare body corporate until the person gives the required notice. (sec.118-ssec.7) A vote cast at a meeting of the primary thoroughfare body corporate by a person on behalf of a member of the primary thoroughfare body corporate has no effect unless the primary thoroughfare body corporate has been given notice in writing specifying that the person is the nominee of the member. (sec.118-ssec.8) A notice referred to in subsection (7) may be included in any other notice that the member of the primary thoroughfare body corporate to which it relates is entitled under this section to give to the primary thoroughfare body corporate.