sec.179Secondary thoroughfare by-laws

sec.179 Secondary thoroughfare by-laws

Subject to subsection (5) , the principal body corporate, pursuant to a special resolution, for the purpose of the control, management, administration, use or enjoyment of the secondary thoroughfare and any improvements thereon, may from time to time make by-laws and may in like manner amend or repeal those by-laws. A secondary thoroughfare by-law has no force or effect until the Minister has approved the by-law and notification of the Minister’s approval has been published in the gazette. A lease of a lot or of any common property where access to the primary thoroughfare is through a secondary thoroughfare shall be deemed to contain an agreement by the lessee that the lessee shall comply with the secondary thoroughfare by-laws for the time being in force. Without limiting the operation of any other provision of this Act, the secondary thoroughfare by-laws for the time being in force bind the principal body corporate, each member of the principal body corporate and each proprietor and any mortgagee in possession (whether by himself or herself or any other person), lessee or occupier, of a lot within the residential precincts to the same extent as if those by-laws had been signed and sealed by the principal body corporate, each member of the principal body corporate and each proprietor and each such mortgagee, lessee and occupier respectively and as if they contained mutual covenants to observe and perform all the provisions of those by-laws. No amendment of or addition to a secondary thoroughfare by-law shall be capable of operating to prohibit, destroy or modify any easement, service right or service obligation implied or created by this Act. A secondary thoroughfare by-law may apply to all the secondary thoroughfares or to a particular thoroughfare or part thereof specified in the by-law. A secondary thoroughfare by-law shall not affect the operation of any other Act or law. s 179 amd 1991 No. 94 s 30 (sec.179-ssec.1) Subject to subsection (5) , the principal body corporate, pursuant to a special resolution, for the purpose of the control, management, administration, use or enjoyment of the secondary thoroughfare and any improvements thereon, may from time to time make by-laws and may in like manner amend or repeal those by-laws. (sec.179-ssec.2) A secondary thoroughfare by-law has no force or effect until the Minister has approved the by-law and notification of the Minister’s approval has been published in the gazette. (sec.179-ssec.3) A lease of a lot or of any common property where access to the primary thoroughfare is through a secondary thoroughfare shall be deemed to contain an agreement by the lessee that the lessee shall comply with the secondary thoroughfare by-laws for the time being in force. (sec.179-ssec.4) Without limiting the operation of any other provision of this Act, the secondary thoroughfare by-laws for the time being in force bind the principal body corporate, each member of the principal body corporate and each proprietor and any mortgagee in possession (whether by himself or herself or any other person), lessee or occupier, of a lot within the residential precincts to the same extent as if those by-laws had been signed and sealed by the principal body corporate, each member of the principal body corporate and each proprietor and each such mortgagee, lessee and occupier respectively and as if they contained mutual covenants to observe and perform all the provisions of those by-laws. (sec.179-ssec.5) No amendment of or addition to a secondary thoroughfare by-law shall be capable of operating to prohibit, destroy or modify any easement, service right or service obligation implied or created by this Act. (sec.179-ssec.6) A secondary thoroughfare by-law may apply to all the secondary thoroughfares or to a particular thoroughfare or part thereof specified in the by-law. (sec.179-ssec.7) A secondary thoroughfare by-law shall not affect the operation of any other Act or law.