sec.96Surrender of canal to the State

sec.96 Surrender of canal to the State

The primary thoroughfare body corporate, with the prior approval of— the principal body corporate determined by special resolution within the meaning given by section 138 ; and 75% of members of the primary thoroughfare body corporate who— are members because they are proprietors of land within the site, that is not within the residential precincts; and have voting rights at meetings of the primary thoroughfare body corporate that aggregate not less than 75% of the aggregate voting rights of those members of the primary thoroughfare body corporate; and the local government; and the Governor in Council; and subject to any reasonable conditions that the local government imposes, may execute a transfer surrendering to the State land on which a canal is constructed. The local government may impose a condition under subsection (1) that the primary thoroughfare body corporate pay to the local government an amount fixed by the local government for the preservation and maintenance of the canal. A part of the primary thoroughfare that is surrendered to the State under this section ceases to be a part of the primary thoroughfare on its surrender. The principal body corporate, with the prior approval of— the principal body corporate determined by special resolution within the meaning given by section 138 ; and the local government; and the Governor in Council; and subject to any reasonable conditions that the local government imposes, may execute a transfer surrendering to the State land on which a canal is constructed. The local government may impose a condition under subsection (4) that the principal body corporate pay to the local government an amount fixed by the local government for the preservation and maintenance of the canal. A part of a secondary thoroughfare that is surrendered to the State under this section ceases to be part of the secondary thoroughfare on its surrender. If land on which a canal is constructed is surrendered, the provisions of the Coastal Protection and Management Act 1995 or Planning Act prescribed for section 90 apply. s 96 ins 1991 No. 94 s 21 amd 1992 No. 36 s 2 sch 2 ; 1993 No. 46 s 26 ; 2004 No. 53 s 2 sch ; 2009 No. 26 s 5 sch ; 2016 No. 27 s 273 (sec.96-ssec.1) The primary thoroughfare body corporate, with the prior approval of— the principal body corporate determined by special resolution within the meaning given by section 138 ; and 75% of members of the primary thoroughfare body corporate who— are members because they are proprietors of land within the site, that is not within the residential precincts; and have voting rights at meetings of the primary thoroughfare body corporate that aggregate not less than 75% of the aggregate voting rights of those members of the primary thoroughfare body corporate; and the local government; and the Governor in Council; and subject to any reasonable conditions that the local government imposes, may execute a transfer surrendering to the State land on which a canal is constructed. (sec.96-ssec.2) The local government may impose a condition under subsection (1) that the primary thoroughfare body corporate pay to the local government an amount fixed by the local government for the preservation and maintenance of the canal. (sec.96-ssec.3) A part of the primary thoroughfare that is surrendered to the State under this section ceases to be a part of the primary thoroughfare on its surrender. (sec.96-ssec.4) The principal body corporate, with the prior approval of— the principal body corporate determined by special resolution within the meaning given by section 138 ; and the local government; and the Governor in Council; and subject to any reasonable conditions that the local government imposes, may execute a transfer surrendering to the State land on which a canal is constructed. (sec.96-ssec.5) The local government may impose a condition under subsection (4) that the principal body corporate pay to the local government an amount fixed by the local government for the preservation and maintenance of the canal. (sec.96-ssec.6) A part of a secondary thoroughfare that is surrendered to the State under this section ceases to be part of the secondary thoroughfare on its surrender. (sec.96-ssec.7) If land on which a canal is constructed is surrendered, the provisions of the Coastal Protection and Management Act 1995 or Planning Act prescribed for section 90 apply.