sec.71Primary thoroughfare by-laws

### sec.71 Primary thoroughfare by-laws Subject to subsection (5) , the primary thoroughfare body corporate, pursuant to a special resolution, for the purpose of the control, management, administration, use or enjoyment of the primary thoroughfare, may from time to time make by-laws and may in like manner amend or repeal those by-laws. A primary 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 any land where access to a dedicated road is by way of the primary thoroughfare shall be deemed to contain an agreement by the lessee that the lessee will comply with the primary thoroughfare by-laws for the time being in force. Without limiting the operation of any other provision of this Act, the primary thoroughfare by-laws for the time being in force bind the primary thoroughfare body corporate, the principal body corporate and each registered proprietor and any mortgagee in possession (whether by himself or herself or any other person), lessee or occupier, of land (including lots) within the site to the same extent as if those by-laws had been signed and sealed by the primary thoroughfare body corporate, the principal body corporate and each registered 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 primary 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. s 71 amd 1987 s 18 (sec.71-ssec.1) Subject to subsection (5) , the primary thoroughfare body corporate, pursuant to a special resolution, for the purpose of the control, management, administration, use or enjoyment of the primary thoroughfare, may from time to time make by-laws and may in like manner amend or repeal those by-laws. (sec.71-ssec.2) A primary 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.71-ssec.3) A lease of any land where access to a dedicated road is by way of the primary thoroughfare shall be deemed to contain an agreement by the lessee that the lessee will comply with the primary thoroughfare by-laws for the time being in force. (sec.71-ssec.4) Without limiting the operation of any other provision of this Act, the primary thoroughfare by-laws for the time being in force bind the primary thoroughfare body corporate, the principal body corporate and each registered proprietor and any mortgagee in possession (whether by himself or herself or any other person), lessee or occupier, of land (including lots) within the site to the same extent as if those by-laws had been signed and sealed by the primary thoroughfare body corporate, the principal body corporate and each registered 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.71-ssec.5) No amendment of or addition to a primary 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.