sec.158Surrender of canal to State

sec.158 Surrender of canal to State

In this section— required approval means the prior approval of— each precinct body corporate (if any) determined by comprehensive resolution; and 75% of members of the community body corporate who— are members because they are proprietors of land within the site that is not within any staged use precincts; and have voting rights at meetings of the community body corporate that total not less than 75% of all of the voting rights of the members of the community body corporate mentioned in subparagraph (i) ; and the relevant local government; and the Governor in Council. The community body corporate may— with the required approval; and subject to any reasonable conditions that the local government imposes; sign a transfer surrendering to the State community property on which a canal is constructed. The conditions that may be imposed under subsection (2) include a condition that the community body corporate pay to the local government an amount fixed by the local government for the maintenance of the canal. The part of the community property that is surrendered to the State ceases to be a part of the community property. A precinct body corporate may— by comprehensive resolution; and with the prior approval of— the relevant local government; and the Governor in Council; and subject to any reasonable conditions that the local government imposes; sign a transfer surrendering to the State precinct property on which a canal is constructed. The conditions that may be imposed under subsection (5) include a condition that the precinct body corporate pay to the local government an amount fixed by the local government for the maintenance of the canal. The part of the precinct property that is surrendered to the State ceases to be part of the precinct property. If community property or precinct property on which a canal is constructed is surrendered, the provisions of the Canals Act 1958 prescribed for the purposes of section 156 again apply. s 158 amd 1999 No. 30 s 98 sch 3 pt 1 (sec.158-ssec.1) In this section— required approval means the prior approval of— each precinct body corporate (if any) determined by comprehensive resolution; and 75% of members of the community body corporate who— are members because they are proprietors of land within the site that is not within any staged use precincts; and have voting rights at meetings of the community body corporate that total not less than 75% of all of the voting rights of the members of the community body corporate mentioned in subparagraph (i) ; and the relevant local government; and the Governor in Council. (sec.158-ssec.2) The community body corporate may— with the required approval; and subject to any reasonable conditions that the local government imposes; sign a transfer surrendering to the State community property on which a canal is constructed. (sec.158-ssec.3) The conditions that may be imposed under subsection (2) include a condition that the community body corporate pay to the local government an amount fixed by the local government for the maintenance of the canal. (sec.158-ssec.4) The part of the community property that is surrendered to the State ceases to be a part of the community property. (sec.158-ssec.5) A precinct body corporate may— by comprehensive resolution; and with the prior approval of— the relevant local government; and the Governor in Council; and subject to any reasonable conditions that the local government imposes; sign a transfer surrendering to the State precinct property on which a canal is constructed. (sec.158-ssec.6) The conditions that may be imposed under subsection (5) include a condition that the precinct body corporate pay to the local government an amount fixed by the local government for the maintenance of the canal. (sec.158-ssec.7) The part of the precinct property that is surrendered to the State ceases to be part of the precinct property. (sec.158-ssec.8) If community property or precinct property on which a canal is constructed is surrendered, the provisions of the Canals Act 1958 prescribed for the purposes of section 156 again apply.