Mixed Use Development Act 1993
sec.212Precinct property by-laws
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sec.212 Precinct property by-laws
Subject to subsection (5) , the precinct body corporate may, by comprehensive resolution, make by-laws ( property by-laws ) for the control, management, administration, use or enjoyment of the precinct property. A precinct property by-law does not have effect until— the Minister approves the by-law; and notification of the Minister’s approval is published in the gazette. If a lot or common property has access to a dedicated road or community property by way of the precinct property, a lease of the lot or property is taken to contain an agreement by the lessee that the lessee must comply with the property by-laws. The property by-laws bind— the precinct body corporate; and the members of a precinct body corporate; and the proprietors of lots created in the staged use precinct by the registration of a building units or group titles plan; and a mortgagee in possession (whether by the mortgagee or another person) of a lot within the staged use precinct; and a lessee or occupier of a lot within the staged use precinct. A property by-law may not prohibit, destroy or modify any easement, service right or service obligation implied or created by this Act. A property by-law may apply to all the precinct property or a particular part of the precinct property specified in the by-law. A property by-law does not affect the operation of any other Act or law. (sec.212-ssec.1) Subject to subsection (5) , the precinct body corporate may, by comprehensive resolution, make by-laws ( property by-laws ) for the control, management, administration, use or enjoyment of the precinct property. (sec.212-ssec.2) A precinct property by-law does not have effect until— the Minister approves the by-law; and notification of the Minister’s approval is published in the gazette. (sec.212-ssec.3) If a lot or common property has access to a dedicated road or community property by way of the precinct property, a lease of the lot or property is taken to contain an agreement by the lessee that the lessee must comply with the property by-laws. (sec.212-ssec.4) The property by-laws bind— the precinct body corporate; and the members of a precinct body corporate; and the proprietors of lots created in the staged use precinct by the registration of a building units or group titles plan; and a mortgagee in possession (whether by the mortgagee or another person) of a lot within the staged use precinct; and a lessee or occupier of a lot within the staged use precinct. (sec.212-ssec.5) A property by-law may not prohibit, destroy or modify any easement, service right or service obligation implied or created by this Act. (sec.212-ssec.6) A property by-law may apply to all the precinct property or a particular part of the precinct property specified in the by-law. (sec.212-ssec.7) A property by-law does not affect the operation of any other Act or law.
- (a) the Minister approves the by-law; and