sec.168Precinct body corporate

sec.168 Precinct body corporate

On registration of the first precinct plan subdividing a community development lot, the proprietors of the precinct development lots and balance precinct development lots created are, because of this Act, a body corporate under the name ‘( insert name of development specified in the approved scheme ) Precinct Body Corporate ( insert (if necessary) unique identifying number )’. If a precinct development lot is subdivided by a precinct plan of subdivision, the proprietors of the precinct development lots created become members of the precinct body corporate in place of the proprietor of the subdivided precinct development lot. If precinct development lots are amalgamated by a precinct plan of amalgamation, the proprietor of the precinct development lot created becomes a member of the precinct body corporate in place of the proprietors of the amalgamated precinct development lots. If a balance precinct development lot is subdivided by a precinct plan, the proprietors of precinct development lots and any balance precinct development lots created become members of the precinct body corporate. If a precinct development lot or balance precinct development lot is subdivided under part 6 by a stratum plan, the proprietors of the precinct stratum lots created become members of the precinct body corporate in place of the proprietor of the subdivided precinct development lot or balance precinct development lot. If a precinct development lot or balance precinct development lot is subdivided by a group titles or building units plan, or a precinct stratum lot is subdivided by a building units plan— the proprietor of the lot— must give written notice to the precinct body corporate of the name and address for service of the body corporate created by the registration of the plan; and ceases to be a member of the precinct body corporate so far as the proprietor was a member because of being the proprietor of the lot; and the body corporate created by the registration of the plan becomes a member of the precinct body corporate. The subdivision or resubdivision of a lot, or of a lot and common property, on a group titles plan by a building units or group titles plan does not affect the membership of the precinct body corporate. The Corporations Act does not apply to the precinct body corporate. The precinct body corporate— has the powers and functions conferred on it under this Act or its by-laws; and must do all things that are necessary and reasonable for— the enforcement of its by-laws; and the control, management and administration of the precinct property. The precinct body corporate must act reasonably in anything it does under subsection (9) , including making, or not making, a decision under the subsection. The precinct body corporate— has perpetual succession; and has a common seal; and is capable of suing and being sued in its corporate name. Without limiting subsection (11) , the precinct body corporate may— sue and be sued on any contract made by it; or sue for any damage or injury to the precinct property; or be sued for any matter connected with the precinct property; or take the legal action necessary to enforce its by-laws. If work is carried out on land that becomes precinct property, then, on registration of the precinct plan, the precinct body corporate— is taken to have been a party to an enforceable contract for the carrying out of the work; and may sue or be sued in relation to the contract. s 168 amd 2001 No. 45 s 29 sch 3 ; 2022 No. 28 s 33 (sec.168-ssec.1) On registration of the first precinct plan subdividing a community development lot, the proprietors of the precinct development lots and balance precinct development lots created are, because of this Act, a body corporate under the name ‘( insert name of development specified in the approved scheme ) Precinct Body Corporate ( insert (if necessary) unique identifying number )’. (sec.168-ssec.2) If a precinct development lot is subdivided by a precinct plan of subdivision, the proprietors of the precinct development lots created become members of the precinct body corporate in place of the proprietor of the subdivided precinct development lot. (sec.168-ssec.3) If precinct development lots are amalgamated by a precinct plan of amalgamation, the proprietor of the precinct development lot created becomes a member of the precinct body corporate in place of the proprietors of the amalgamated precinct development lots. (sec.168-ssec.4) If a balance precinct development lot is subdivided by a precinct plan, the proprietors of precinct development lots and any balance precinct development lots created become members of the precinct body corporate. (sec.168-ssec.5) If a precinct development lot or balance precinct development lot is subdivided under part 6 by a stratum plan, the proprietors of the precinct stratum lots created become members of the precinct body corporate in place of the proprietor of the subdivided precinct development lot or balance precinct development lot. (sec.168-ssec.6) If a precinct development lot or balance precinct development lot is subdivided by a group titles or building units plan, or a precinct stratum lot is subdivided by a building units plan— the proprietor of the lot— must give written notice to the precinct body corporate of the name and address for service of the body corporate created by the registration of the plan; and ceases to be a member of the precinct body corporate so far as the proprietor was a member because of being the proprietor of the lot; and the body corporate created by the registration of the plan becomes a member of the precinct body corporate. (sec.168-ssec.7) The subdivision or resubdivision of a lot, or of a lot and common property, on a group titles plan by a building units or group titles plan does not affect the membership of the precinct body corporate. (sec.168-ssec.8) The Corporations Act does not apply to the precinct body corporate. (sec.168-ssec.9) The precinct body corporate— has the powers and functions conferred on it under this Act or its by-laws; and must do all things that are necessary and reasonable for— the enforcement of its by-laws; and the control, management and administration of the precinct property. (sec.168-ssec.10) The precinct body corporate must act reasonably in anything it does under subsection (9) , including making, or not making, a decision under the subsection. (sec.168-ssec.11) The precinct body corporate— has perpetual succession; and has a common seal; and is capable of suing and being sued in its corporate name. (sec.168-ssec.12) Without limiting subsection (11) , the precinct body corporate may— sue and be sued on any contract made by it; or sue for any damage or injury to the precinct property; or be sued for any matter connected with the precinct property; or take the legal action necessary to enforce its by-laws. (sec.168-ssec.13) If work is carried out on land that becomes precinct property, then, on registration of the precinct plan, the precinct body corporate— is taken to have been a party to an enforceable contract for the carrying out of the work; and may sue or be sued in relation to the contract.