South Bank Corporation Act 1989

An Act to provide for the establishment of a South Bank Corporation and to provide for the continued effective development and management of the South Bank corporation area, to establish the South Bank Employing Office, and for other purposes

Long title amd 2003 No. 24 s 4; 2007 No. 20 s 89

1Short title

This Act may be cited as the South Bank Corporation Act 1989.

2Notes in text

A note in the text of this Act is part of the Act.

s 2 ins 2003 No. 24 s 5

3Definitions

In this Act—

application, for part 7, see section 49.

s 3 def application ins 2003 No. 24 s 6 (2)

appropriate authority means—

(a)generally—

(i)for a development approval given by the corporation—the corporation; or

(ii)for a development approval given by the council—the council; and

(b)for sections 41(12) and (13) and 42(1)(b) and (17), if there is no development approval for the plan of subdivision or amalgamation of land, stratum plan or plan for the opening of a road—the corporation.

s 3 def appropriate authority ins 1991 No. 67 s 4 (2)

sub 2012 No. 43 s 252

approved development plan means the approved development plan approved by the Governor in Council under section 34 as amended from time to time.

s 3 def approved development plan ins 2003 No. 24 s 6 (2)

approved form, for part 7, see section 49.

s 3 def approved form ins 2003 No. 24 s 6 (2)

assessable development see section 4.

s 3 def assessable development ins 2003 No. 24 s 6 (2)

authority ...

s 3 def authority om 2003 No. 24 s 6 (1)

board means the South Bank Corporation Board.

s 3 def board ins 2003 No. 24 s 6 (2)

boundary adjustment plan means a plan that, as provided by section 42(4), shows minor adjustments to the boundaries of stratum lots.

s 3 def boundary adjustment plan ins 1991 No. 67 s 4 (2)

building see the Building Act 1975, section 3.

Editor’s note—

Building Act 1975, section 3 has been relocated to schedule 2—see the Statute Law (Miscellaneous Provisions) Act 2004, section 2 schedule.

s 3 def building ins 2003 No. 24 s 6 (2)

building management committee means the building management committee for a management statement referred to in schedule 3, clause 2(2).

s 3 def building management committee ins 1991 No. 67 s 4 (2)

cadastral surveyor, for part 9A, see section 97B.

s 3 def cadastral surveyor ins 2014 No. 46 s 67

chairperson means the chairperson of the corporation.

s 3 def chairperson ins 1993 No. 71 s 5 (2)

child ...

s 3 def child ins 2003 No. 24 s 6 (2)

amd 2009 No. 34 s 45 (1) sch pt 1 amdt 30

om 2016 No. 58 s 10 sch 1

complementary development area ...

s 3 def complementary development area om 2003 No. 24 s 6 (1)

corporation means the South Bank Corporation established and constituted under section 7.

corporation area means the area as described in schedule 2 or that area as varied under section 16.

council means the Brisbane City Council constituted within the meaning of the City of Brisbane Act 2010.

s 3 def council amd 2010 No. 23 s 352 sch 1

court means—

(a)for a child—the Childrens Court; or

(b)for someone else—a Magistrates Court.

s 3 def court ins 1995 No. 46 s 4

amd 2003 No. 24 s 6 (3)

currency period, for part 7, see section 49.

s 3 def currency period ins 2003 No. 24 s 6 (2)

decision notice see section 61.

s 3 def decision notice ins 2003 No. 24 s 6 (2)

sub 2012 No. 43 s 252

development is any of the following—

(a)carrying out operational work within the corporation area;

(b)reconfiguring a South Bank lot within the corporation area;

(c)making a material change of use of premises within the corporation area.

s 3 def development amd 1991 No. 67 s 4 (3)

sub 2003 No. 24 s 6 (1)–(2)

development approval means an approval of an application for development approval contained in a decision notice given under section 61.

s 3 def development approval ins 2003 No. 24 s 6 (2)

development completion date means the date of completion of development specified under a regulation.

s 3 def development completion date ins 1991 No. 67 s 4 (2)

amd 1995 No. 46 s 3 sch

disclosure statement, for part 9A, see section 97B.

s 3 def disclosure statement ins 2014 No. 46 s 67

employee of the employing office see section 31G(2).

s 3 def employee of the employing office ins 2007 No. 20 s 90

employing office means the South Bank Employing Office established under section 31B.

s 3 def employing office ins 2007 No. 20 s 90

exclusion direction means a direction under section 83.

s 3 def exclusion direction ins 1995 No. 46 s 4

exclusion offence see section 82(2).

s 3 def exclusion offence ins 1995 No. 46 s 4

exclusion order means an order under section 86.

s 3 def exclusion order ins 1995 No. 46 s 4

executive officer means the executive officer of the employing office appointed under section 31E.

s 3 def executive officer ins 2007 No. 20 s 90

government entity see the Public Service Act 2008, section 24.

s 3 def government entity ins 2007 No. 20 s 90

amd 2009 No. 25 s 83 sch

industrial instrument see the Industrial Relations Act 2016, schedule 5.

s 3 def industrial instrument ins 2007 No. 20 s 90

amd 2016 No. 63 s 1157 sch 6

information request, for part 7, see section 49.

s 3 def information request ins 2003 No. 24 s 6 (2)

Integrated Planning Act ...

s 3 def Integrated Planning Act ins 2003 No. 24 s 6 (2)

om 2009 No. 36 s 872 sch 2

land, other than in section 41, includes—

(a)any estate in, on, over or under land; and

(b)the airspace above the surface of land and any estate in the airspace; and

(c)the subsoil of land and any estate in the subsoil.

s 3 def land sub 1991 No. 67 s 4 (1)–(2); 2003 No. 24 s 6 (1)–(2)

lawful use see section 50(1).

s 3 def lawful use ins 2003 No. 24 s 6 (2)

sub 2012 No. 43 s 252

law practice, for part 9A, see section 97B.

s 3 def law practice ins 2014 No. 46 s 67

leasehold building units lot, for part 9A, see section 97B.

s 3 def leasehold building units lot ins 2014 No. 46 s 67

lot, for part 9A, see section 97B.

s 3 def lot ins 2014 No. 46 s 67

management statement means a statement of by-laws and other particulars that, as provided by section 46, regulates a building and its site or is intended to regulate a proposed building and its site.

s 3 def management statement ins 1991 No. 67 s 4 (2)

material change of use, of premises, means—

(a)the start of a new use of the premises; or

(b)the re-establishment on the premises of a use that has been abandoned; or

(c)a material increase in the intensity or scale of the use of the premises.

s 3 def material change of use ins 2003 No. 24 s 6 (2)

member means a member of the board.

s 3 def member sub 1993 No. 71 s 5; 2003 No. 24 s 6 (1)–(2)

Minister ...

s 3 def Minister om 1993 No. 71 s 5 (1)

modified Building Units and Group Titles Act has the meaning given by section 5.

s 3 def modified Building Units and Group Titles Act ins 1991 No. 67 s 4 (2)

normal working hours means the hours between 9a.m. and 4.30p.m. each Monday to Friday, public holidays excepted.

operational work has the meaning given in the Planning Act, schedule 2 but does not include placing an advertising device on premises.

s 3 def operational work ins 2003 No. 24 s 6 (2)

amd 2009 No. 36 s 872 sch 2

sub 2012 No. 43 s 252

amd 2016 No 27 s 445(3)

original seller, for part 9A, see section 97B.

s 3 def original seller ins 2014 No. 46 s 67

owner, for part 7, see section 49.

s 3 def owner ins 2003 No. 24 s 6 (2)

parkland precinct ...

s 3 def parkland precinct ins 1991 No. 67 s 4 (2)

om 2012 No. 43 s 252 (1)

Planning Act means the Planning Act 2016.

s 3 def Planning Act ins 2016 No. 27 s 445(2)

planning scheme means a planning scheme under the Planning Act.

s 3 def planning scheme ins 2003 No. 24 s 6 (2)

amd 2009 No. 36 s 872 sch 2

sub 2016 No. 27 s 445(1)–(2)

premises means—

(a)a building or other structure; or

(b)land, whether or not a building or other structure is situated on the land.

s 3 def premises ins 2003 No. 24 s 6 (2)

prescribed trust account, for part 9A, see section 97B.

s 3 def prescribed trust account ins 2014 No. 46 s 67

proposed leasehold building units lot, for part 9A, see section 97B.

s 3 def proposed leasehold building units lot ins 2014 No. 46 s 67

proposed lot, for part 9A, see section 97B.

s 3 def proposed lot ins 2014 No. 46 s 67

public agencies includes any public authority or local government constituted by or under any Act, a government department whether of the Commonwealth or Queensland or a statutory body representing the Crown.

public authority means—

(a)the corporation; or

(b)the council; or

(c)a public agency.

s 3 def public authority ins 1991 No. 67 s 4 (2)

public trustee, for part 9A, see section 97B.

s 3 def public trustee ins 2014 No. 46 s 67

QPAT means the Queensland Performing Arts Trust.

s 3 def QPAT ins 1998 No. 26 s 4

rail GOC ...

s 3 def rail GOC ins 2010 No. 19 s 60

om 2013 No. 19 s 120 sch 1

rail government entity see the Transport Infrastructure Act 1994, schedule 6.

s 3 def rail government entity ins 2013 No. 19 s 120 sch 1

real estate agent, for part 9A, see section 97B.

s 3 def real estate agent ins 2014 No. 46 s 67

Real Property Acts ...

s 3 def Real Property Acts ins 1991 No. 67 s 4 (2)

om 1994 No. 11 s 194 sch 2

recognised entity, for part 9A, see section 97B.

s 3 def recognised entity ins 2014 No. 46 s 67

reconfiguring, in relation to South Bank lots or land, means—

(a)creating South Bank lots by subdividing a South Bank lot or lots or land; or

(b)amalgamating 2 or more South Bank lots; or

(c)rearranging the boundaries of a South Bank lot or lots or land by registering a plan of subdivision; or

(d)dividing the land into parts by agreement (other than a lease for a term, including renewal options, not exceeding 10 years) rendering different parts of a South Bank lot or lots immediately available for separate disposition or separate occupation; or

(e)creating an easement giving access to a South Bank lot or lots or land from a constructed road.

s 3 def reconfiguring ins 2003 No. 24 s 6 (2)

relevant application see section 77(1).

s 3 def relevant application ins 2016 No. 27 s 445(2)

registered, for part 9A, see section 97B.

s 3 def registered ins 2014 No. 46 s 67

Register of Dealings ...

s 3 def Register of Dealings om 1993 No. 71 s 5 (1)

Registrar of Titles ...

s 3 def Registrar of Titles om 1994 No. 11 s 194 sch 2

restricted property means part of a building or its site or part of a proposed building or its site, the use of which is restricted by a management statement.

s 3 def restricted property ins 1991 No. 67 s 4 (2)

reviewable exclusion direction means an exclusion direction excluding a person from the site, or a part of the site, for longer than 24 hours.

s 3 def reviewable exclusion direction ins 1995 No. 46 s 4

security officer means an individual appointed by the corporation or the council under section 108.

s 3 def security officer ins 1995 No. 46 s 4

sub 2003 No. 24 s 6 (1)–(2); 2012 No. 43 s 252

seller, for part 9A, see section 97B.

s 3 def seller ins 2014 No. 46 s 67

site, in part 8, means the part of the corporation area declared under a by-law to be the site, and includes any part of the area declared to be the site.

s 3 def site ins 1995 No. 46 s 4

South Bank lot means any of the following within the corporation area—

(a)a lot under the Land Title Act 1994;

(b)a separate, distinct parcel of land for which an interest is recorded in a register under the Land Act 1994;

(c)common property for a community titles scheme under the Body Corporate and Community Management Act 1997;

(d)a stratum lot;

(e)a lot on a leasehold building units plan;

(f)common property.

Note—

‘Common property’ in paragraph (f) has the meaning it has in schedule 4 because of section 6.

s 3 def South Bank lot ins 2003 No. 24 s 6 (2)

South Bank public land means land that is—

(a)under the Land Title Act 1994; and

(b)within the corporation area; and

(c)held in fee simple by a public authority.

s 3 def South Bank public land ins 1991 No. 67 s 4 (2)

amd 1994 No. 11 s 194 sch 2

stratum lot means a lot in a stratum plan that is limited wholly or partly in height, depth or both.

s 3 def stratum lot ins 1991 No. 67 s 4 (2)

stratum parcel means a parcel created by a subdivision permitted by schedule 4, section 8(1B).

s 3 def stratum parcel ins 1991 No. 67 s 4 (2)

stratum plan means a plan of subdivision that, under section 42, subdivides land into stratum lots.

s 3 def stratum plan ins 1991 No. 67 s 4 (2)

stratum plan of amalgamation means a plan, under section 42, for the amalgamation of 2 or more, or all, stratum lots in a stratum plan.

s 3 def stratum plan of amalgamation ins 1991 No. 67 s 4 (2)

stratum plan of subdivision means a plan, under section 42, for the subdivision of a stratum lot into 2 or more stratum lots.

s 3 def stratum plan of subdivision ins 1991 No. 67 s 4 (2)

Sustainable Planning Act ...

s 3 def Sustainable Planning Act ins 2009 No. 36 s 872 sch 2

om 2016 No. 27 s 445(1)

town plan ...

s 3 def town plan sub 1993 No. 70 s 804 sch

om 2003 No. 24 s 6 (1)

use, for part 7, see section 49.

s 3 def use ins 2003 No. 24 s 6 (2)

work ...

s 3 def work ins 2003 No. 24 s 6 (2)

om 2009 No. 36 s 872 sch 2

work performance arrangement means an arrangement under which an employee of a government entity or public agency performs work for another government entity or public agency.

s 3 def work performance arrangement ins 2007 No. 20 s 90

s 3 prev s 3 amd 5 June 1992 RA ss 38 and 40

om 1993 No. 71 s 4

pres s 3 amd 1995 No. 46 s 3 sch

4Meaning of assessable development

All development, other than the following development, is assessable development—

(a)the reconfiguration of a lot under the Land Title Act 1994 if the plan of subdivision necessary for the reconfiguration—

(i)is a building format plan of subdivision that does not subdivide land on or below the surface of the land; or

(ii)is for the amalgamation of 2 or more lots; or

(iii)is in relation to the acquisition, including by agreement, under the Acquisition of Land Act 1967, of land by a constructing authority, as defined under that Act, for a purpose set out in paragraph (a) of the schedule to that Act; or

(iv)is in relation to the acquisition by agreement, other than under the Acquisition of Land Act 1967, of land by a constructing authority, as defined under that Act, for a purpose set out in paragraph (a) of the schedule to that Act; or

(v)is in relation to land held by the State, or a statutory body representing the State, and the land is being subdivided for a purpose set out in the Acquisition of Land Act 1967, schedule, parts 1 to 13 (other than part 10, second dot point); or

(vi)is for the reconfiguration of a lot comprising strategic port land as defined under the Transport Infrastructure Act 1994;

(b)development that—

(i)is categorised as assessable development, or accepted development, by a regulation made under the Planning Act; or

(ii)is accepted development under the Planning Act, section 44(6)(b)(ii);

(c)development in a priority development area under the Economic Development Act 2012;

(d)PDA-associated development for a priority development area under the Economic Development Act 2012.

s 4 ins 2003 No. 24 s 7

amd 2009 No. 5 s 47 sch; 2009 No. 36 s 872 sch 2; 2016 No. 17 s 133; 2016 No. 27 s 446; 2019 No. 11 s 225

5Interpretation—modified Building Units and Group Titles Act

For the purposes of this Act, the modified Building Units and Group Titles Act consists of the provisions set out in schedule 4.

s 5 ins 1991 No. 67 s 5

6Interpretation—words etc. used in modified Building Units and Group Titles Act

Words and expressions used in the modified Building Units and Group Titles Act have the same meaning in this Act.

s 6 ins 1991 No. 67 s 7

pt 2 hdg amd 2003 No. 24 s 8

7Establishment of corporation

There shall be established and constituted by this Act a body corporate under the style and title of ‘South Bank Corporation’ which, by that name, shall have perpetual succession and a common seal and shall be capable in law of—

(a)suing and being sued; and

(b)compounding or proving in any court of competent jurisdiction or tribunal all debts or sums of money due to it; and

(c)taking, acquiring by way of grant, purchase, gift, lease or licence, holding, letting (by way of lease or otherwise), dealing with and disposing of real property within the corporation area and personal property of every description; and

(d)doing and suffering all such acts and things as bodies corporate may do and suffer.

s 7 amd 2009 No. 24 s 1631

8Corporation represents the State

(1)The corporation represents the State.

(2)Without limiting subsection (1), the corporation has all the privileges and immunities of the State.

s 8 sub 1993 No. 71 s 6

amd 2001 No. 45 s 29 sch 3

9Corporation board

(1)The corporation must have a board of directors.

(2)The board of directors is the corporation’s governing body and is called the South Bank Corporation Board.

s 9 ins 2003 No. 24 s 9

10Composition of board

(1)The board consists of at least 2 but no more than 10 members as follows—

(a)a chairperson appointed on the Minister’s nomination;

(b)no more than 2 members appointed on the council’s nomination;

(c)no more than 7 other members appointed on the Minister’s nomination.

(2)In nominating persons for appointment to the board, the Minister and the council must—

(a)have regard to the proposed member’s business, financial, property management, community service or other relevant expertise; and

(b)seek to appoint both men and women as members.

(3)The members are to be appointed by the Governor in Council.

(4)Schedule 1 contains additional provisions about the members and about procedures of the board.

s 10 sub 1993 No. 71 s 7

amd 1999 No. 19 s 3 sch; 2003 No. 24 s 10 ; 2012 No. 43 s 253

11Report about person’s criminal history

(1)To help decide whether a person is suitable for nomination for appointment as a member, the Minister or the council (the nominator) may ask the commissioner of the police service for a written report about the person’s criminal history.

(2)However, the nominator may make a request about a person under subsection (1) only if the person has given the nominator written consent for the request.

(3)If asked by the nominator, the commissioner of the police service must give the nominator a written report about the criminal history of the person.

(4)The duty imposed on the commissioner of the police service applies only to information in the commissioner’s possession or to which the commissioner has access.

(5)The nominator must destroy a report given to the nominator under this section as soon as practicable after it is no longer needed for the purpose for which it was requested.

(6)In this section—

criminal history, of a person, means the convictions, other than spent convictions, recorded against the person for offences, in Queensland or elsewhere, whether before or after the commencement of this section.

spent conviction means a conviction—

(a)for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and

(b)that is not revived as prescribed by section 11 of that Act.

s 11 ins 2003 No. 24 s 11

12Deputies of members

(1)The Governor in Council may appoint a person who is not a member to be the deputy of a member.

(2)The deputy of a member appointed on the nomination of the council must be appointed only on the nomination of the council.

(3)If a member is absent from a meeting of the corporation, the deputy of the member may attend and act as the member.

s 12 sub 1993 No. 71 s 8

13Corporation manager

(1)The corporation shall recommend to the Minister the appointment of a corporation manager who shall be responsible for the management of the affairs of the corporation subject to and in accordance with the directions of the corporation.

(2)The Governor in Council may appoint the corporation manager.

(3)The terms and conditions attaching to the appointment of the corporation manager shall be as approved by the Governor in Council from time to time.

s 13 amd 1993 No. 71 s 9; 1995 No. 46 s 3 sch

pt 3 div 1 hdg ins 1998 No. 26 s 5

15Corporation area

The corporation shall exercise its objects, functions, powers and duties in respect of the area described in schedule 2.

16Variation of corporation area

(1)Where the corporation is of the opinion that, in order to better fulfil its objects, functions, powers and duties a variation to the corporation area is necessary or desirable, it may, after consultation with the council, recommend a variation in the corporation area to the Minister.

(2)The Minister may, with such amendment as the Minister considers necessary or desirable, recommend a variation in the corporation area to the Governor in Council who may vary the corporation area under a regulation.

(3)Where the corporation area is varied by the addition of further land, this Act shall apply to such land as if it were part of the area described in schedule 2.

(4)If the corporation area is varied by the exclusion of particular land, the provisions of this Act relating to the corporation area stop applying to the land.

s 16 amd 1991 No. 67 s 6; 1995 No. 46 s 3 sch; 2003 No. 24 s 12

pt 3 div 2 hdg ins 1998 No. 26 s 6

17Vesting of public lands other than roads

(1)The Governor in Council may, by gazette notice—

(a)if land within the corporation area is within the title of a public agency or is Crown land—vest title in the corporation; and

(b)if land within the corporation area is within the control of a public agency—vest title or control in the corporation.

(2)If title or control is vested in the corporation under this section, the Governor in Council may determine the amount of compensation (if any) that the corporation must pay to the public agency.

(3)If any land owned in fee simple by the council is vested in the corporation under this section any easement, right, liberty or privilege in relation to that land, save any easement, right, liberty or privilege possessed by the council under the Metropolitan Water Supply and Sewerage Act 1909 or the Local Government Act 2009 shall on vesting be extinguished for all purposes and shall not be the subject of any claim for compensation in relation to that extinguishment.

(4)In this section—

land does not include the land owned in fee simple by a rail government entity that, in the opinion of the Governor in Council, is required for the operation of the railways, but includes land above and below that land.

s 17 amd 1991 No. 67 s 7; 1995 No. 46 s 3 sch; 2003 No. 24 s 3 sch; 2008 No. 67 s 130; 2010 No. 19 s 61; 2009 No. 17 s 331 sch 1 (amd 2010 No. 23 s 344 (11)); 2013 No. 19 s 120 sch 1

18Riverside parkland

(1)The land referred to in schedule 5 is divested from the council and vested in the corporation for an estate in fee simple.

(2)Any easement, right, liberty or privilege in relation to the land (other than an easement, right, liberty or privilege under the Metropolitan Water Supply and Sewerage Act 1909 or the Local Government Act 2009) is extinguished and compensation is not payable for the extinguishment.

(3)The Governor in Council may, by gazette notice, vest for an estate in fee simple in the corporation and the council, as tenants in common in the shares of 60% and 40% respectively, the part of the parkland precinct held by the corporation.

(4)If particulars of an interest in land in the parkland precinct may be recorded in the freehold land register, the corporation and the council may transfer the interest only if the Minister has consented in writing.

(5)Subsection (4) does not apply to a short lease within the meaning of the Land Title Act 1994.

(6)In this section—

parkland precinct means the land referred to as ‘Precinct 3—Parkland Precinct’ in the approved development plan.

s 18 ins 1991 No. 67 s 8

amd 1994 No. 11 s 194 sch 2; 1995 No. 46 s 3 sch; 2009 No. 17 s 331 sch 1 (amd 2010 No. 23 s 344 (11)); 2012 No. 43 s 254

19Car park land and reserve

(1)Reserve 3367 is revoked.

(2)However, a lease over a part of the reserve or a licence to occupy a part of a building on the reserve in force immediately before the revocation of the reserve under subsection (1) continues in force over the part after the revocation in accordance with its terms.

(3)The parts of Russell Street, Stanley Street and Grey Street, South Brisbane in lots 55 and 56 on plan SP 102555 set out in schedule 9 are permanently closed.

(4)A deed of grant in the name of the corporation may be issued by the Governor in Council for lots 55 and 56 on plan SP 102555 and lot 388 on plan SL 12890.

(5)On the recording of the particulars of lot 388 on RP 896477 in the freehold land register, it is declared that the lot is dedicated for public use (cultural purposes) and becomes a reserve.

(6)The Arts Office is appointed as trustee of the reserve.

(7)In this section—

lease means any of the following leases mentioned in the Arts Legislation Amendment Act 1997, section 75 originally granted by the Queensland Cultural Centre—

(a)a lease to the Library Board of Queensland for a term of 75 years;

(b)a lease to the Queensland Art Gallery Board of Trustees for a term of 75 years;

(c)a lease to the Queensland Museum Board of Trustees for a term of 75 years;

(d)a lease to the Queensland Performing Arts Trust for a term of 75 years;

(e)a lease to the Royal Queensland Theatre Company for a term of 30 years.

licence means any of the following licences mentioned in the Arts Legislation Amendment Act 1997, section 79—

(a)the licence agreement expiring on 30 June 1998 entered into between Berlasco Pty Ltd (ACN 010 041 040) and Queensland Performing Arts Trust;

(b)a licence agreement entered into for a term of 5 years between Advanced Food Systems International Ltd (ACN 004 292 951) and—

(i)Library Board of Queensland; or

(ii)Queensland Art Gallery Board of Trustees; or

(iii)Queensland Museum Board of Trustees.

the Arts Office means the government entity charged with advising the Minister with responsibility for the arts on matters relating to the arts.

s 19 ins 1998 No. 26 s 7

20Readjustment of boundaries

(1)Indefeasible titles are created in the name of the corporation for lots 1, 932 and 933 on RP 896477 set out in schedule 10 on the recording of the particulars of the lots in the freehold land register.

(2)To remove any doubt, it is declared that subsection (1) has effect to transfer lots 1, 932 and 933 on RP 896477 to the corporation.

s 20 ins 1998 No. 26 s 7

21Registrar may register instruments etc.

(1)The registrar of titles may register all plans and other instruments and issue certificates of title to give effect to sections 19 and 20.

(2)The registrar of titles may do anything to give effect to sections 19 and 20.

s 21 ins 1998 No. 26 s 7

22Recording of vesting of land

(1)The registrar of titles or anyone else required or permitted to record particulars necessary to identify interests in land must, on the written request of the corporation, record the particulars of any interest in land vesting in the corporation, or in the corporation and the council, under this Act.

(2)In any case where a written request is in respect of the vesting of an easement, production of the instrument of title to the land in question is not required when such request is made, and the registrar of titles or other person is authorised to make any necessary entries on the instrument of title when it is next produced to him or her.

s 22 amd 1991 No. 67 s 9; 1993 No. 71 s 10; 1994 No. 11 s 194 sch 2

23Exemption from fees and charges

No fee or charge is payable by the corporation, QPAT or the council in relation to—

(a)the transfer of any land in the corporation area; or

(b)the transfer of control of any land in the corporation area; or

(c)any change in ownership or control of land because of section 19 or 20;

to or from the corporation, QPAT or the council.

s 23 sub 1991 No. 67 s 10

amd 1998 No. 26 s 8; 2001 No. 71 s 551 sch 1

pt 4 hdg sub 2003 No. 24 s 3 sch

24Objects

The corporation’s objects are—

(a)to promote, facilitate, carry out and control the development, disposal and management of land and other property within the corporation area; and

(b)to achieve an appropriate balance between the corporation’s commercial and non-commercial functions; and

(c)to ensure the corporation area complements, rather than duplicates, other public use sites in the inner city Brisbane area; and

(d)to provide for a diverse range of recreational, cultural and educational pursuits for local, regional and international visitors; and

(e)to accommodate public events and entertainment that benefit the general community; and

(f)to achieve excellence and innovation in the management of open space and park areas.

s 24 amd 1991 No. 67 s 11

sub 2003 No. 24 s 13

25Functions

(1)The corporation shall fulfil the following functions—

(a)to produce such plan or plans as may be necessary in relation to the corporation area in order to fulfil its objects;

(b)to promote and undertake the development of land within the corporation area in accordance with the approved development plan;

(c)to facilitate and control, with the council, the development of land within the corporation area in accordance with the approved development plan;

(d)to efficiently manage, and dispose by lease, of land vested in or under the control of the corporation under the approved development plan so as to secure the maximum prudent financial benefit for the corporation;

(e)to efficiently manage and dispose of other property vested in or under the control of the corporation so as to secure the maximum prudent financial benefit for the corporation;

(f)to manage on an ongoing basis all land and other property vested in or under the control of the corporation so as to secure the maximum prudent financial benefit for the corporation;

(g)to promote, organise and conduct tourist, educational, recreational, entertainment, cultural and commercial activities in the corporation area;

(h)to construct, establish, maintain, develop and operate tourist, educational, recreational, entertainment, cultural and commercial facilities within the corporation area;

(i)to achieve, by the adoption of best practice principles, excellence and innovation in the management of open space and park areas;

(j)to carry out works for the purpose of landscaping the corporation area.

(2)For the purpose of fulfilling those functions, the corporation may do all supplemental, incidental or consequential acts as may be necessary or expedient for the exercise of its functions.

s 25 amd 1991 No. 67 s 12; 2003 No. 24 s 14; 2012 No. 43 s 255

26Powers in relation to land

(1)In order to fulfil its objects and functions the corporation may, with the prior approval of the Minister—

(a)buy, sell, lease, exchange or otherwise acquire or dispose of land within the corporation area whether vested in it at the commencement of this Act or not; and

(b)grant such easements or rights of way in relation to land within the corporation area as it considers necessary; and

(c)transfer or surrender to the Crown in right of Queensland any land possessed by it within the corporation area, that land then to be Crown land and dealt with in accordance with the provisions of the Land Act 1994.

(2)The corporation may, with the prior consent of the Minister, grant a perpetual lease over land within the commercial precinct.

(3)The Minister may vary the area shown hatched on the plan in schedule 15, plan 2 (to the extent the area is land of which the corporation is the registered owner or is entitled to be the registered owner) for the purpose of making a minor boundary adjustment to the commercial precinct.

(4)The area as varied by the Minister under subsection (3) is taken to be part of the commercial precinct.

(5)The Minister’s approval under subsection (1) is not required for the grant or transfer of—

(a)a short lease within the meaning of the Land Title Act 1994 or an interest the particulars of which may not be recorded in the freehold land register; or

(b)any other interest, or class of interest, that the Minister advises the corporation, in writing, is an interest for which the Minister’s approval is not required.

(6)Before entering into a lease of land over a road, a public authority is to consult with the Minister administering the Land Act 1994.

(7)In this section—

commercial precinct means the parts of each of the following areas of land of which the corporation is the registered owner or is entitled to be the registered owner—

(a)the area shown hatched on the plan in schedule 15, plan 1;

(b)the area shown hatched on the plan in schedule 15, plan 2.

perpetual lease means a lease for a term of 999 years.

s 26 (prev s 23) amd 1991 No. 67 s 15; 1993 No. 71 s 12; 1994 No. 11 s 194 sch 2; 1998 No. 26 s 13; 1999 No. 50 s 3; 2003 No. 24 s 19 (3)–(4); 2003 No. 24 s 19 (1)–(2)

reloc and renum 2003 No. 24 s 20 (1)

amd 2012 No. 43 s 256

27Agreement with public agencies

(1)The corporation may enter into negotiations and arrive at agreements with public agencies in relation to all matters necessary to fulfil the objects and functions of the corporation.

(2)Without limiting subsection (1), the matters include—

(a)the provision and maintenance by public agencies of services to, through, over and under the corporation area; and

(b)the management of part of the corporation area by the council.

s 27 (prev s 26) reloc and renum 2003 No. 24 s 20 (1)

amd 2012 No. 43 s 257

28Agreements with other persons

The corporation may enter into negotiations with and arrive at agreements with all persons or bodies who have any interest in or charge over any land or other property within the corporation area.

s 28 prev s 28 om 2003 No. 24 s 24

pres s 28 (prev s 31) reloc and renum 2003 No. 24 s 20 (1)

29Business or undertaking

In carrying out its objects, functions, powers and duties under this Act, the corporation may, with the approval of the Minister, carry on or conduct any business or undertaking necessary to fulfil such objects, functions, powers and duties.

s 29 prev s 29 om 2003 No. 24 s 24

pres s 29 (prev s 32) reloc and renum 2003 No. 24 s 20 (1)

30Delegation by corporation

The corporation may delegate the corporation’s powers under this Act to any person.

s 30 (prev s 39I) ins 1993 No. 71 s 14

reloc and renum 2003 No. 24 s 20 (1)

31Committees

(1)The corporation may establish committees to help or advise it.

(2)The corporation may decide—

(a)the functions of a committee; and

(b)the membership of a committee; and

(c)how a committee is to operate.

s 31 (prev s 39J) ins 1993 No. 71 s 14

reloc and renum 2003 No. 24 s 20 (1)

31ACorporation may enter into work performance arrangements

(1)The corporation may enter into, and give effect to, a work performance arrangement with—

(a)the employing office; or

(b)the appropriate authority of another government entity or public agency.

(2)A work performance arrangement may make provision for all matters necessary or convenient to be provided under the arrangement.

(3)For example, a work performance arrangement may provide for—

(a)the appointment of a person to an office, and the holding of the office by the person, for the arrangement; and

(b)the authorising of a person to exercise powers for the arrangement; and

(c)whether payment is to be made for work done under the arrangement and, if so, what payment is to be made and who is to make the payment.

(4)A person performing work for the corporation under a work performance arrangement entered into under subsection (1)—

(a)is not employed by the corporation; and

(b)remains an employee of the employing office, or an employee of the other government entity or public agency whose appropriate authority is a party to the arrangement.

(5)To remove any doubt, it is declared that the corporation does not have power to employ a person performing work for the corporation under a work performance arrangement entered into under subsection (1).

s 31A ins 2007 No. 20 s 92

pt 4A hdg ins 2007 No. 20 s 93

pt 4A div 1 hdg ins 2007 No. 20 s 93

31BEstablishment of employing office

(1)The South Bank Employing Office is established.

(2)The employing office consists of—

(a)the executive officer; and

(b)the employees of the employing office.

(3)The employing office is a separate entity from the corporation.

s 31B ins 2007 No. 20 s 93

31CEmploying office represents the State

(1)The employing office represents the State.

(2)Without limiting subsection (1), the employing office has the status, privileges and immunities of the State.

s 31C ins 2007 No. 20 s 93

31DFunctions of employing office

(1)The main functions of the employing office are—

(a)entering into, for the State, a work performance arrangement with the corporation under which employees of the employing office perform work for the corporation; and

(b)employing, for the State, staff to perform work for the corporation under the work performance arrangement; and

(c)doing anything incidental to the discharge of the functions mentioned in paragraphs (a) and (b).

(2)Also, the employing office has any other function conferred on the employing office under this or another Act.

(3)This section does not limit the employing office’s power to enter into and give effect to a work performance arrangement under section 31H with a government entity or public agency other than the corporation.

s 31D ins 2007 No. 20 s 93

pt 4A div 2 hdg ins 2007 No. 20 s 93

31EAppointment of executive officer

(1)There is to be an executive officer of the employing office.

(2)The executive officer is to be appointed by the Governor in Council.

(3)The executive officer is appointed under this Act and not under the Public Service Act 2008.

s 31E ins 2007 No. 20 s 93

amd 2009 No. 25 s 83 sch

31FExecutive officer acting for employing office

(1)The employing office acts through the executive officer.

(2)Anything done by the executive officer in the name of, or for, the employing office is taken to have been done by the employing office.

s 31F ins 2007 No. 20 s 93

pt 4A div 3 hdg ins 2007 No. 20 s 93

31GEmploying office may employ staff

(1)The employing office may, for the State, employ staff.

(2)A person employed under subsection (1) is an employee of the employing office.

(3)The employing office may decide the terms of employment of the employees of the employing office.

(4)Subsection (3) applies subject to any relevant industrial instrument.

(5)Employees of the employing office are employed under this Act and not under the Public Service Act 2008.

s 31G ins 2007 No. 20 s 93

amd 2009 No. 25 s 83 sch

31HEmploying office may enter into work performance arrangements

(1)The employing office may, for the State, enter into and give effect to a work performance arrangement with—

(a)the corporation; or

(b)the appropriate authority of another government entity or public agency.

(2)A work performance arrangement may make provision for all matters necessary or convenient to be provided under the arrangement.

(3)For example, a work performance arrangement may provide for—

(a)the appointment of a person to an office, and the holding of the office by the person, for the arrangement; and

(b)the authorising of a person to exercise powers for the arrangement; and

(c)whether payment is to be made for work done under the arrangement and, if so, what payment is to be made and who is to make the payment.

(4)A person performing work for the corporation or other government entity or public agency under a work performance arrangement entered into under subsection (1)—

(a)is not employed by the corporation or other government entity or public agency; and

(b)remains an employee of the employing office.

(5)To remove any doubt, it is declared that the corporation or another government entity or public agency does not have power to employ a person performing work for the corporation or other government entity or public agency under a work performance arrangement entered into under subsection (1).

s 31H ins 2007 No. 20 s 93

pt 4A div 4 hdg ins 2007 No. 20 s 93

31IEmploying office is statutory body

(1)The employing office is a statutory body under—

(a)the Financial Accountability Act 2009; and

(b)the Statutory Bodies Financial Arrangements Act 1982.

(2)For applying the Financial Accountability Act 2009 to the employing office as a statutory body—

(a)the executive officer is taken to be the chairperson of the employing office; and

(b)the Financial Accountability Act 2009 is taken to require the executive officer to consider the annual financial statements and the auditor-general’s report as soon as practicable after they are received by the employing office; and

(c)the Financial Accountability Act 2009 is taken to require the executive officer to consider any observations, suggestions or comments given to the executive officer under the Auditor-General Act 2009 as soon as practicable after the executive officer receives them.

s 31I ins 2007 No. 20 s 93

amd 2009 No. 9 s 136 sch 1

pt 5 hdg prev pt 5 hdg om 2003 No. 24 s 25

pres pt 5 hdg ins 2003 No. 24 s 15

32Draft development plan

(1)The corporation shall, after consultation with the council and having regard to any recommendations made by the council during the consultation, prepare a draft development plan for the corporation area and shall submit it to the Minister.

(2)The Minister may—

(a)approve the draft development plan without amendment; or

(b)approve the draft development plan with such amendments as the Minister considers necessary or appropriate; or

(c)reject the draft development plan.

(3)Prior to the Minister exercising the Minister’s power under subsection (2)(b) or (c) the Minister shall consult with the corporation.

(4)Should the Minister exercise the Minister’s power under subsection (2)(c), the Minister shall direct the corporation to prepare and submit a further draft development plan in accordance with any directions the Minister may give at that time.

33Public exhibition of plan

(1)Where the Minister approves the draft development plan, with or without amendment, the corporation shall, by advertisement published in a newspaper circulating in the City of Brisbane, give public notice that the plan is available for public inspection during normal working hours at the office of the corporation for a period of not less than 30 days from a date specified in such notice.

(2)During the period of public inspection of the draft development plan, any person or organisation may make a submission on any matter concerning the draft development plan.

(3)The submission shall be in writing and shall be delivered to or lodged with the corporation manager at the office of the corporation during normal working hours.

(4)During the period of public inspection of the draft development plan, the corporation—

(a)shall make available to the public free of charge a synopsis identifying the principal features of the draft development plan; and

(b)may, subject to such terms and conditions including fees as the corporation determines, make available for purchase copies of the draft development plan and any supporting documentation.

34Approved development plan

(1)The corporation shall, after consideration of the submissions made to it in relation to the draft development plan, and any other matters it deems appropriate, prepare, after consultation with the council, a report to the Minister on the submissions, which shall include the corporation’s consideration of the submissions and any other relevant matters, which shall accompany a revised development plan for the corporation area.

(2)The report and revised development plan shall be submitted to the Minister who shall, after considering such report and revised development plan, submit such material, together with a recommendation, to the Governor in Council.

(3)The Governor in Council may—

(a)approve the revised development plan without amendment; or

(b)approve the revised development plan with amendment; or

(c)reject the revised development plan.

(4)If approved by the Governor in Council, with or without amendment, the revised development plan shall be deemed, on notification in the gazette, to be the approved development plan for the corporation area and all subsequent development of the corporation area shall be in accordance with the approved development plan.

(5)The approved development plan shall, during normal working hours, be available for inspection by all persons or organisations at the office of the corporation.

(6)The corporation shall, subject to such fees as it determines, make available for purchase copies of the approved development plan and any supporting documentation.

35Amendment of approved development plan

(1)If the corporation, after consultation with the council, is of the opinion that it is necessary or desirable that the approved development plan be amended, it shall submit the proposed amendment to the Minister.

(2)If the Minister is of the opinion that the proposed amendment is of a minor nature and not contrary to the purposes of the approved development plan, then, upon the Minister’s so certifying, the Minister may recommend the amendment to the Governor in Council.

(3)If the amendment recommended under subsection (2) is approved by the Governor in Council, it shall be deemed to form part of and amend the approved development plan from the date of notification in the gazette.

(4)If the Minister is of the opinion that the proposed amendment is not of a minor nature, then, if the Minister approves the proposed amendment, the corporation shall, by advertisement published in a newspaper circulating in the City of Brisbane, give public notice that the proposed amendment to the approved development plan is available for public inspection during normal working hours at the office of the corporation for a period of 14 days from a date specified in the notice.

(5)During the period of inspection under subsection (4), any person or organisation may make a submission to the corporation on any matter concerning the proposed amendment.

(6)The submission shall be in writing and shall be delivered to or lodged with the corporation manager at the office of the corporation during normal working hours.

(7)During the period of public inspection of the proposed amendment of the approved development plan, the corporation—

(a)shall make available to the public free of charge a synopsis identifying the principal feature of the proposed amendment; and

(b)may, subject to such terms and conditions, including fees, as the corporation determines, make available for purchase copies of the proposed amendment and any supporting documentation.

(8)The corporation shall, after consideration of the submissions made to it in relation to the proposed amendment and consultation with the council, prepare a report, which shall include the corporation’s consideration of the submissions, to the Minister, who after considering the report, may submit the report and proposed amendments, together with the Minister’s recommendation, to the Governor in Council.

(9)The Governor in Council may—

(a)approve the proposed amendment to the approved development plan without amendment; or

(b)approve the proposed amendment to the approved development plan with amendment; or

(c)reject the proposed amendment to the approved development plan.

(10)If approved by the Governor in Council with or without amendment, the approved amendment shall become, on notification in the gazette, part of the approved development plan for the corporation area.

(11)Where the approved development plan is so amended any right, privilege, liability or obligation arising under the prior approved development plan shall not be affected by such amendment.

(12)If the Minister is of the opinion that the proposed amendment is not of a minor nature but the Minister does not approve the proposed amendment, the Minister shall return the proposed amendment to the corporation together with the Minister’s views on the proposed amendment.

s 35 prev s 35 amd 1991 No. 67 s 21; 1997 No. 17 s 74 sch

om 2003 No. 24 s 25

pres s 35 amd 2003 No. 24 s 3 sch

36Implementation of approved development plan

(1)The corporation shall, in accordance with the approved development plan, plan, encourage, facilitate, carry out and regulate development within the corporation area in order that the development, as proposed in the approved development plan, be completed as soon as is reasonably practicable having regard to the objects and functions of the corporation.

(2)The corporation is to submit a development program for the approval of the Minister.

(3)The program is—

(a)to be in accordance with the approved development plan; and

(b)to set down the proposed stages and the time for each stage.

s 36 prev s 36 amd 1991 No. 67 s 22

om 2003 No. 24 s 25

pres s 36 amd 1991 No. 67 s 13; 2003 No. 24 s 16

37Augmentation of water supply and sewerage

(1)The council shall, as soon as practical after publication of the approved development plan, inform the corporation whether any development in accordance with that plan will necessitate the augmentation of any water supply or sewerage works (including head works) outside the corporation area and the estimated costs (if any) of such augmentation.

(2)Where in accordance with subsection (1) the council notifies the corporation that augmentation is necessary, the corporation and the council shall enter into negotiations for an agreement to provide that the corporation shall meet the actual costs (if any) incurred by the council in carrying out the augmentation of any works.

(3)For the purposes of this section—

augmentation, in relation to water supply or sewerage works, means those works, necessitated by the increased loading imposed by development in accordance with the approved development plan.

s 37 (prev s 27) reloc and renum 2003 No. 24 s 20 (2)

38Continuance of railway operations

(1)The approved development plan must provide for the following—

(a)the as of right use of land owned by a rail government entity within the corporation area, by a railway manager or railway operator for conducting railway operations for the carriage of passengers or goods on the land;

(b)reasonable access to land used for conducting railway operations by—

(i)the railway manager or railway operator conducting the operations; or

(ii)employees of the railway manager or railway operator conducting the operations; or

(iii)employees of the Authority under the Queensland Rail Transit Authority Act 2013; or

(iv)members of the public wishing to use the railway to which the operations relate.

(2)In this section—

railway manager, for railway operations conducted on land owned by a rail government entity, means a railway manager (within the meaning of the Transport Infrastructure Act 1994) for a railway on the land, who has an agreement with the rail government entity to access the land for conducting railway operations relating to the railway.

railway operator, for railway operations conducted on land owned by a rail government entity, means a railway operator (within the meaning of the Transport Infrastructure Act 1994) for a railway on the land, who has an agreement with the railway manager for the railway operations to use the railway for railway operations.

s 38 (prev s 30) reloc and renum 2003 No. 24 s 20 (2)

sub 2008 No. 67 s 131

amd 2010 No. 19 s 62; 2013 No. 19 s 120 sch 1

39Completion of development

(1)When the Governor in Council is satisfied that development within the corporation area is substantially complete, the Governor in Council may issue instructions to the corporation that the Governor in Council considers will assist in completion of development.

(2)The corporation must promptly comply with the instructions.

(3)When the Governor in Council is satisfied that development is substantially complete and that the corporation has complied with any instructions given to it, the Governor in Council may, under a regulation, specify the date of completion of development.

(4)After the development completion date—

(a)the approved development plan does not apply to the corporation area; and

(b)the provisions of this Act referred to in schedule 6 no longer have any effect and are taken to be repealed.

s 39 ins 1991 No. 67 s 14

amd 1995 No. 46 s 3 sch; 2003 No. 24 s 18

pt 6 hdg ins 2003 No. 24 s 21

40Closure of roads

(1)Despite the provisions of the Land Act 1994, the corporation may recommend to the Minister the permanent closure of any road in the corporation area provided that the corporation has within a period of at least 28 days before such recommendation—

(a)published at least once in a newspaper circulating in the City of Brisbane a notice detailing the proposed closure; and

(b)given or caused to be given by means of the post a notice detailing the proposed closure to the registered owner of land held in fee simple and the lessee of any land held under the Land Act 1994 or any other Act that adjoins the road the subject of the proposed closure; and

(c)exhibited or caused to be exhibited in a conspicuous position at the office of the council a notice detailing the proposed closure.

(2)A notice shall be deemed to have been given by post if it is forwarded to—

(a)the usual or last known place of abode or business; or

(b)the address for service last notified to the council; or

(c)the registered office under or for the purpose of any Act which requires the having of a registered office.

(3)The Minister shall consider the recommendation and a report on any submissions which may be received by the corporation in relation to the proposed closure of the road and may recommend to the Governor in Council the permanent closure of the road.

(4)On notification in the gazette of the approval of the Governor in Council to the permanent closure of the road and on application by the corporation to the Minister administering the Land Act 1994, a deed of grant must be issued in the name of the corporation for the land consisting of the road and the registrar of titles must register the deed of grant.

(5)The corporation shall pay to the Crown, by way of compensation for the permanent closure of any road, a sum of money (if any) determined by the Governor in Council by gazette notice.

s 40 amd 1991 No. 67 s 16; 1994 No. 11 s 194 sch 2; 1995 No. 46 s 3 sch

41Subdivision and amalgamation of land and opening of roads

(1)In this section—

access means practical means of entry and exit for persons and, where appropriate, vehicles, from a road that abuts the area or South Bank lot concerned or by means of an easement.

land means land—

(a)under the Land Title Act 1994; and

(b)within the corporation area.

road means (for the purposes of the definition access only)—

(a)a street or road dedicated to public use; and

(b)a bridge or ferry and the approaches to them; and

(c)an access way that permits the movement of persons and, where appropriate, vehicles.

(2)In relation to South Bank public land only, a reference in this section to a reconfiguration of land (whether described as a subdivision, amalgamation or something else) includes a reference to a reconfiguration of land and the opening of roads permitted under sections 42 and 47.

(3)Land may be reconfigured and roads may be opened under this Act.

(4)The registered owner of land may lodge with the registrar of titles a plan for the subdivision or amalgamation of land.

(5)The plan must—

(a)show, distinctly delineated, all roads dedicated to public use; and

(b)show each of the parcels into which the land is divided by the plan, with each parcel—

(i)distinctly delineated; and

(ii)marked with a separate number or symbol; and

(c)be certified as accurate by a cadastral surveyor within the meaning of the Surveyors Act 2003; and

(d)be endorsed by the appropriate authority; and

(e)otherwise comply with the requirements of the Land Title Act 1994, other than section 50(1)(g) and (h) of that Act.

(6)If the registrar of titles is satisfied that the plan is correct, the registrar of titles is to record the plan in the register kept under the Land Title Act 1994.

(7)After the plan is recorded, the land must not be dealt with under that Act otherwise than in accordance with the plan.

(8)Subject to subsection (9), the registrar of titles is to record in the register particulars of any dedication to public use of land under this section.

(9)Any dedication of land must be of all of the estate or interest of the owner in the land.

(10)Land dedicated to public use vests in the Crown.

(11)Land may be subdivided only if—

(a)each proposed South Bank lot has access or the appropriate authority has waived the requirement for access; and

(b)development approval for the subdivision has been given.

(12)Land may be amalgamated, and a road may be opened, only with the approval of the appropriate authority.

(13)When giving its approval to a dealing under this section, the appropriate authority must endorse the approval on the plan.

s 41 sub 1991 No. 67 s 17

amd 1994 No. 11 s 194 sch 2; 2003 No. 24 s 22; 2003 No. 70 s 206 sch 2

42Stratum lots and dealings with stratum lots

(1)Despite the Land Title Act 1994 or any other Act—

(a)the following may be done under this section only if development approval for the subdivision or adjustment has been given—

(i)the subdivision of South Bank public land by stratum plan;

(ii)the subdivision of a stratum lot by stratum plan of subdivision;

(iii)a minor adjustment to the boundary of a stratum lot by boundary adjustment plan; and

(b)South Bank public land may be opened as a road by stratum plan only if the appropriate authority approves; and

(c)stratum lots may be amalgamated by stratum plan of amalgamation.

(2)The Land Title Act 1994 applies to stratum lots in the same way as it applies to other land except to the extent that it is inconsistent with this Act or incapable of applying.

(3)An adjustment that, in the opinion of the appropriate authority, is a minor adjustment may be made to the boundaries of stratum lots by the registration of a boundary adjustment plan.

(4)A boundary adjustment plan registered under this section operates, without any further assurance, to vest the land in accordance with the adjusted boundaries.

(5)A registered mortgage, lease or other registered estate in a stratum lot adjusted by the registration of a boundary adjustment plan is not affected by the registration of that plan and is taken to relate to the adjusted stratum lot.

(6)A stratum lot may be subdivided into 2 or more stratum lots by the registration of a stratum plan of subdivision.

(7)The registrar of titles may register a stratum plan of subdivision only if the stratum plan of subdivision is accompanied by a schedule showing, as a whole number for each proposed stratum lot, the proposed value proportion for each stratum lot for the purposes of section 101 and schedule 3, clause 2(1)(p).

(8)When registering a stratum plan of subdivision, the registrar of titles may make any recordings on and amendments to the management statement to which the stratum plan relates, that the registrar of titles considers appropriate to give effect to the stratum plan.

(9)Subject to subsection (12), 2 or more, or all, stratum lots in a stratum plan may be amalgamated by the registration of a stratum plan of amalgamation.

(10)When registering a stratum plan of amalgamation, the registrar of titles may make any recordings on and amendments to the management statement to which the stratum plan relates that the registrar of titles considers appropriate to give effect to the stratum plan.

(11)For the purposes of section 101 and schedule 3, clause 2(1)(p), the relevant value proportion for the stratum lot created by the amalgamation of 2 or more stratum lots is the sum of the value proportions of the stratum lots.

(12)A stratum lot that has been subdivided by a leasehold building units plan may be amalgamated with another stratum lot only if the leasehold building units plan has been terminated under schedule 4.

(13)On registration of a stratum plan of amalgamation that amalgamates all of the stratum lots in a stratum plan—

(a)the stratum plan; and

(b)the management statement that relates to the stratum plan;

are extinguished.

(14)A request to terminate a management statement must comply with the requirements prescribed by regulation.

(15)If a stratum plan of amalgamation is accompanied by a request to terminate a management statement, the registrar of titles—

(a)must record the termination of the management statement on the stratum plan to which it relates; and

(b)may make such other recordings in the freehold land register as the registrar of titles considers appropriate to give effect to the termination of the management statement.

(16)Stratum plans, boundary adjustment plans, stratum plans of subdivision and stratum plans of amalgamation must comply with the requirements prescribed by regulation.

(17)Despite the Land Title Act 1994, the Surveyors Act 2003 or any other Act, if a stratum plan, a boundary adjustment plan, a stratum plan of subdivision or a stratum plan of amalgamation has been endorsed by the appropriate authority, the registrar of titles may—

(a)register the relevant plan under the Land Title Act 1994; and

(b)create a separate indefeasible title for each stratum lot created by the registration of the relevant plan by recording a separate set of particulars for each lot in the freehold land register; and

(c)make such other recordings in the freehold land register as the registrar of titles considers appropriate to give effect to the registration of the relevant plan.

(18)On registration of a stratum plan, a boundary adjustment plan, a stratum plan of subdivision or a stratum plan of amalgamation, the plan is, for the purposes of the Land Title Act 1994, taken to be recorded in the freehold land register.

s 42 ins 1991 No. 67 s 18

amd 1994 No. 11 s 194 sch 2; 2001 No. 71 s 551 sch 1; 2003 No. 24 s 23; 2003 No. 70 s 206 sch 2; 2010 No. 39 s 325 sch 1pt 2

43Support and shelter for certain stratum lots

(1)Without affecting the implied easements appurtenant to and affecting the lots in a leasehold building units plan created under schedule 4, section 15, there is implied in a stratum plan—

(a)as appurtenant to the stratum lots comprised in the stratum plan on which a building is situated, an easement for their subjacent and lateral support by other parts of the building that are capable of affording support; and

(b)as affecting the stratum lots, an easement for the subjacent and lateral support of other parts of the building that are capable of enjoying support; and

(c)as appurtenant to the stratum lots, an easement for their shelter by other parts of the building that are capable of affording shelter; and

(d)as affecting the stratum lots, an easement for the shelter of other parts of the building that are capable of being sheltered by those stratum lots.

(2)An easement for support and shelter created by subsection (1)—

(a)entitles the registered owner of the dominant tenement to enter on the servient tenement to replace, renew or restore any support or shelter; and

(b)subsists until the stratum plan is cancelled or the easement is otherwise surrendered.

s 43 ins 1991 No. 67 s 18

amd 1994 No. 11 s 194 sch 2

44Services for certain stratum lots

(1)In this section—

drainage includes the product of rain, storm, soakage, a spring or seepage.

service means—

(a)a service in relation to water, sewage, drainage, gas, electricity, oil, garbage or conditioned air; or

(b)a service in relation to television, telephone or another means of telecommunication; or

(c)any other prescribed service.

(2)Without affecting the easements appurtenant to and affecting lots in a leasehold building units plan created under schedule 4, sections 17 and 17A, unless an easement is created for a particular service or services, there is implied in a stratum plan—

(a)as appurtenant to the stratum lots comprised in the stratum plan on which a building is situated, an easement for the passage or supply of the service or services through or by means of pipes, poles, wires, cables or ducts to be laid down or erected that are for the time being existing in or over the building to the extent to which the service or services are capable of being used in the enjoyment of the stratum lots; and

(b)as affecting the stratum lots, an easement for the passage or supply of the service or services through or by means of pipes, poles, wires, cables or ducts to be laid down or erected that are for the time being existing in or over the building to the extent to which the services are capable of being used in the enjoyment of the stratum lots.

(3)Easements conferred by this section must not be exercised unreasonably by an owner of a stratum lot in such a way as to prevent the owner of another stratum lot from reasonably enjoying the use and occupation of the other owner’s stratum lot.

s 44 ins 1991 No. 67 s 18

45Ancillary rights for implied easements

All ancillary rights and obligations reasonably necessary to make an easement implied by section 43 or 44 effective are conferred by this section.

s 45 ins 1991 No. 67 s 18

46Management statement

(1)Subject to subsection (2), the registrar of titles may register a stratum plan only if the plan is accompanied by a management statement that—

(a)if the stratum plan subdivides land including parts of a building—regulates the building and its site; and

(b)if the stratum plan subdivides land on which it is proposed to construct a building—is intended to regulate the proposed building and its site; and

(c)complies with subsection (3).

(2)A stratum plan of subdivision need not be accompanied by a management statement if it subdivides a stratum lot on a stratum plan that is already the subject of a management statement.

(3)A management statement must comply with schedule 3.

(4)The appropriate authority may, in relation to a particular management statement, waive compliance with an item in schedule 3, clause 2(1) if it considers compliance with the item is unnecessary, unreasonable or impracticable for the regulation of the building and its site the subject of the management statement.

(5)If the appropriate authority waives compliance with an item in schedule 3, clause 2(1), it must endorse that fact on the management statement.

(6)If a management statement bears the approval of the appropriate authority, then, immediately after the registration of the stratum plan to which it relates, the registrar of titles is to record the management statement on the stratum plan.

(7)If a stratum lot in the stratum plan referred to in subsection (6) is subsequently subdivided by a leasehold building units plan, the registrar of titles is to record the management statement, and any amendments to the management statement, on the leasehold building units plan.

(8)The management statement is binding on—

(a)the body corporate of the leasehold building units plan for the part of the building concerned; and

(b)any lessee, sublessee, occupier or mortgagee of a lot in the leasehold building units plan for the part of the building concerned; and

(c)any lessee, sublessee, occupier or mortgagee of any part of the building or its site that does not form part of a stratum parcel.

(9)Subsection (8) has effect as if—

(a)the management statement included mutual covenants to observe its provisions entered into by each person bound by it; and

(b)each person bound had executed the management statement under seal.

(10)Subject to subsection (11), a management statement may be amended by an ordinary resolution passed by the building management committee for the management statement.

(11)The by-laws and other particulars in a management statement relating to a matter in schedule 3, clause 2(1)(p) may only be amended—

(a)in the way provided in section 42(8) or (10); or

(b)by unanimous resolution passed by the building management committee for the management statement.

(12)A body corporate of a leasehold building units plan may support a resolution to amend a management statement only if—

(a)if the amendment is an amendment referred to in subsection (11)—the body corporate has passed a unanimous resolution in general meeting to support the amendment; and

(b)in any other case—the body corporate has passed an ordinary resolution in general meeting to support the amendment.

(13)An amendment of a management statement must comply with schedule 3.

(14)If an amendment of a management statement bears the approval of the appropriate authority, the registrar of titles is to record the amendment—

(a)on the stratum plan to which it relates; and

(b)if a stratum lot in the stratum plan has been subdivided by a leasehold building units plan—on the leasehold building units plan.

(15)An amendment of a management statement has no effect unless the amendment is lodged with the registrar of titles within 2 months after the passing of the resolution making the amendment.

(16)A by-law in a management statement may restrict use of any part of a building or its site to—

(a)the lessee or sublessee of a lot in a leasehold building units plan; or

(b)a body corporate in a leasehold building units plan; or

(c)the lessee or sublessee of a lease of land in any part of the building or its site that does not form part of the stratum parcel.

(17)A management statement terminates and ceases to bind the persons referred to in subsection (8) when the registrar of titles records its termination under section 42(15).

(18)The registrar of titles must provide to the valuer-general and the council—

(a)a copy of a management statement within 28 days after the registration of a stratum plan which is accompanied by the management statement; and

(b)a copy of an amendment of a management statement within 28 days after the recording of the amendment.

(19)If there is an unresolved dispute between persons bound by a management statement concerning the regulation of a building and its site, the dispute must be submitted for final resolution to—

(a)a single arbitrator agreed on between the persons in dispute; or

(b)if the parties do not agree within 14 days of receipt of a written notice given by one person to the other person or persons requiring the appointment of an arbitrator—an arbitrator appointed by the appropriate authority.

(20)Every reference under subsection (19) is an arbitration under the Commercial Arbitration Act 2013.

(21)If a management statement or an amendment of a management statement bears the approval of the appropriate authority, the approval is evidence to the registrar of titles that the management statement or the amendment of the management statement complies with this section.

s 46 ins 1991 No. 67 s 18

amd 2010 No. 39 s 325 sch 1pt 2; 2013 No. 8 s 43 sch 1pt 2

47Subdivision of land by a leasehold building units plan

(1)Despite the Land Title Act 1994 or any other Act, South Bank public land may be subdivided by a leasehold building units plan only if the appropriate authority approves.

(2)The modified Building Units and Group Titles Act applies to land that is subdivided under this section.

Note—

The modified Building Units and Group Titles Act is set out in schedule 4. Part 9A also applies to land that is subdivided under this section.

s 47 ins 1991 No. 67 s 18

amd 1994 No. 11 s 194 sch 2; 2014 No. 46 s 68

48Creation of easements

(1)In this section—

instrument means an instrument in the form approved by regulation.

(2)Despite the Land Title Act 1994 or any other Act, the registrar of titles may, for the purposes of this Act, register a plan relating to South Bank public land that—

(a)clearly indicates the nature and location of the easements intended to be created on registration of the plan; and

(b)is accompanied by an instrument executed by the registered owner of the land to be burdened by the easements.

(3)The instrument must—

(a)specify the nature of the easements and any terms and conditions attaching to them; and

(b)except for easements mentioned in subsection (5)—specify the land to be benefited, and the land to be burdened, by the easements.

(4)A lessee of land from a public authority may not create easements by way of a plan and instrument under subsection (2).

(5)Easements may be created under subsection (2) in favour of—

(a)the Crown or a public authority to enable the supply of services to the corporation area; and

(b)a public authority to enable the public to use and enjoy land in the corporation area;

despite the easements not being annexed to or used and enjoyed with any other land.

(6)Easements under this section may be limited wholly or partly in height, depth or both.

(7)On registration under this section of a plan and instrument, the proposed easements shown on the plan are created, and without any further assurance and by virtue of the registration, are vested in the person entitled to the benefit of the easement.

(8)For the purposes of this section, the site of easements—

(a)intended to be created in relation to existing tunnels, pipes, conduits, wires or other similar objects that are underground, or that are within or beneath an existing building, may be indicated on a plan by defining the position of the easements; and

(b)may be indicated on the plan as being the whole or part of a lot.

(9)The instrument under subsection (2) may also nominate the persons (if any) whose consent to a surrender of an easement is required.

(10)Subsection (9) does not affect the requirement for the proprietor of the land benefited by an easement to join in a surrender of the easement.

(11)On registration of a plan under this section—

(a)an easement created by the registration has effect according to the terms and conditions specified in the instrument as if the instrument were a deed under seal; and

(b)the nomination in the instrument of a person (if any) whose consent to a surrender of the easement is required, operates to require the consent of the person to a surrender of the easement.

(12)Despite the Land Title Act 1994, any other Act, or any rule of law or equity to the contrary—

(a)an easement may be created under this section; and

(b)the rights and obligations in the instrument creating the easement are enforceable;

whether or not at the time the relevant plan is registered the land burdened and the land benefited are in common ownership.

(13)In creating an indefeasible title for land benefited or burdened by an easement created under this section, the registrar of titles must record the easement against the indefeasible title in the way the registrar of titles considers appropriate.

(14)An easement created under this section is not extinguished merely because the owner of the land benefited by the easement holds or acquires a greater interest in the land burdened.

(15)A plan proposing to establish an access easement to a road (as defined in section 41(1)) must be approved by the appropriate authority.

s 48 ins 1991 No. 67 s 18

amd 1994 No. 11 s 194 sch 2

pt 7 hdg ins 2003 No. 24 s 25

pt 7 div 1 hdg ins 2003 No. 24 s 25

49Definitions for pt 7

In this part—

application means an application for a development approval.

approved form means a form approved for use for this part by the council under section 80.

s 49 def approved form amd 2012 No. 43 s 258 (2)

currency period see section 66(2) or (3).

decision notice see section 61.

information request see section 58.

lawful use see section 50(1).

owner, of land, means—

(a)subject to paragraphs (b) and (c), the person for the time being entitled to receive the rent for the land or who would be entitled to receive the rent for it if it were let to a tenant at a rent; or

(b)if the land is common property in a leasehold building units plan, the body corporate; or

(c)if the land is a lot in a leasehold building units plan, the lessee of the lot.

use see section 50(2).

s 49 amd 1991 No. 67 s 19; 1998 No. 13 s 191 sch

sub 2003 No. 24 s 25

amd 2012 No. 43 s 258 (1)

50Meaning of lawful use and use

(1)A lawful use of premises within the corporation area includes a use that is a natural and ordinary consequence of making a material change of use of the premises if the material change of use, including a change that happened before the commencement of this section, was made in accordance with this Act.

(2)Use, of premises, includes any ancillary use of the premises.

s 50 ins 2003 No. 24 s 25

pt 7 div 2 hdg ins 2003 No. 24 s 25

51Lawful uses of premises protected

(1)Subsection (2) applies if immediately before the commencement of the approved development plan or an amendment of the approved development plan the use of premises was a lawful use of the premises.

(2)Neither the development plan nor the amendment can—

(a)stop the use from continuing; or

(b)further regulate the use; or

(c)require the use to be changed.

s 51 ins 2003 No. 24 s 25

52Lawfully constructed buildings and works protected

To the extent a building or other work has been lawfully constructed or effected, neither the approved development plan nor an amendment of the approved development plan can require the building or work to be altered or removed.

s 52 ins 2003 No. 24 s 25

53Amendment of approved development plan can not affect existing development approvals

(1)This section applies if—

(a)a development approval exists for premises; and

(b)after the approval is given, the approved development plan is amended.

(2)To the extent the approval has not lapsed, the amendment of the approved development plan can not stop or further regulate the development, or otherwise affect the approval.

s 53 ins 2003 No. 24 s 25

pt 7 div 3 hdg ins 2003 No. 24 s 25

54Development approval authorises assessable development

A development approval authorises assessable development to occur—

(a)to the extent stated in the approval; and

(b)subject to the conditions in the approval.

s 54 ins 2003 No. 24 s 25

55Applying for a development approval

(1)Each application must be made to the council.

(2)Each application must be made in the approved form.

(3)Each application must be accompanied by the fee decided by the council.

(4)The fee must not be more than the actual cost of considering and processing the application.

(5)An application complying with subsections (1), (2) and (3) is a properly made application.

(6)The council may refuse to receive an application that is not a properly made application.

(7)If the council receives, and after consideration accepts, an application that is not a properly made application, the application is taken to be a properly made application.

(8)Subsection (7) does not apply to an application unless the application contains the written consent of the owner of any land to which the application applies.

s 55 ins 2003 No. 24 s 25

amd 2012 No. 43 s 259

56Changing an application

Before an application is decided, the applicant may change the application by giving the council written notice of the change.

s 56 ins 2003 No. 24 s 25

amd 2012 No. 43 s 260

57Withdrawing an application

(1)An application may be withdrawn by the applicant, by written notice given to the council, at any time before the application is decided.

(2)The council may refund all or part of any fee paid for the application.

s 57 ins 2003 No. 24 s 25

amd 2012 No. 43 s 261

58Information requests to applicant

The council may ask the applicant, by written request (an information request), to give further information needed to assess the application.

s 58 ins 2003 No. 24 s 25

amd 2012 No. 43 s 262

59Applicant responds to any information request

(1)If the applicant receives an information request from the council, the applicant must respond by giving the council all of the information requested within the reasonable time requested by the council.

(2)If the applicant does not provide the information within the reasonable time requested by the council, the council may refuse the application.

s 59 ins 2003 No. 24 s 25

amd 2012 No. 43 s 263

60Deciding the application generally

(1)The council must—

(a)approve all or part of the application; or

(b)approve all or part of the application subject to conditions decided by the council; or

(c)refuse the application.

(2)Without limiting subsection (1)(b), the council may impose conditions about infrastructure and the payment of contributions for infrastructure in the corporation area.

(3)In this section—

infrastructure includes the extent and location of proposed infrastructure, having regard to existing infrastructure networks, their capacities and thresholds for augmentation.

s 60 ins 2003 No. 24 s 25

amd 2012 No. 43 s 264

61Decision notice

(1)The council must give written notice of the decision in the approved form (the decision notice) to the applicant.

(2)The decision notice must be given within 5 business days after the day the decision is made and must state the following—

(a)the day the decision was made;

(b)whether the application is approved, approved subject to conditions or refused;

(c)if the application is approved subject to conditions, the conditions;

(d)if the application is refused, the reasons for refusal.

(3)When the council gives a decision notice under subsection (1), the council must also give a copy of any plans and specifications approved by the council in relation to the decision notice.

s 61 ins 2003 No. 24 s 25

amd 2012 No. 43 s 265

62Conditions must be relevant or reasonable

A condition imposed under section 60(1)(b) must—

(a)be relevant to, but not an unreasonable imposition on, the development or use of premises as a consequence of the development; or

(b)be reasonably required in relation to the development or use of premises as a consequence of the development.

s 62 ins 2003 No. 24 s 25

amd 2012 No. 43 s 266

63Particular approvals to be recorded on planning scheme

(1)If—

(a)development approval is given by the council; and

(b)the council is satisfied the development approval is inconsistent with the council’s planning scheme;

the council must note the development approval on the planning scheme.

(2)To remove any doubt, it is declared that—

(a)the note on the planning scheme is not an amendment of the planning scheme; and

(b)a contravention of subsection (1) does not affect the validity of the development approval.

s 63 ins 2003 No. 24 s 25

amd 2012 No. 43 s 267

64When development approval takes effect

If the application is approved, or approved subject to conditions, the decision notice is taken to be the development approval and has effect from the time the decision notice is given.

s 64 ins 2003 No. 24 s 25

65When development may start

(1)Development may start when development approval for the development takes effect.

(2)Subsection (1) applies subject to any condition applying under section 61(2)(c) to a development approval for the development.

s 65 ins 2003 No. 24 s 25

66When development approval lapses

(1)The development approval for the application lapses at the end of the currency period for the development approval unless—

(a)for development that is a material change of use—the change of use happens before the end of the currency period; or

(b)for development that is a reconfiguration of a South Bank lot—the plan for the reconfiguration of the lot is given to the council for its approval before the end of the currency period; or

(c)for development not mentioned in paragraph (a) or (b)—development under the development approval substantially starts before the end of the currency period.

(2)To the extent the development approval is for development other than a material change of use, the currency period is—

(a)the 1 year starting the day the approval takes effect; or

(b)if the approval states or implies a time for the approval to lapse—the period from the day the approval takes effect until the stated or implied time.

(3)To the extent the development approval is for development that is a material change of use, the currency period is—

(a)the 2 years starting the day the approval takes effect; or

(b)if the approval states or implies a time for the approval to lapse—the period from the day the approval takes effect until the stated or implied time.

s 66 ins 2003 No. 24 s 25

amd 2012 No. 43 s 268

67Request to extend currency period

(1)If, before the development approval lapses, a person having an interest in the land to which the development approval relates wants to extend the currency period, the person may, by written notice, ask the council to extend the currency period.

(2)If the council has an approved form for the request, the request must be in the approved form.

(3)The request must—

(a)be made before the currency period ends; and

(b)be accompanied by the fee for the request decided by the council.

(4)The fee must not be more than the actual cost of considering and processing the request.

s 67 ins 2003 No. 24 s 25

amd 2012 No. 43 s 269

68Deciding request to extend currency period

(1)The council must approve or refuse the extension within 30 business days after receiving the request.

(2)The council and the person making the request may agree to extend the period within which the council must decide the request.

(3)Despite section 66, the development approval does not lapse until the council decides the request.

(4)After deciding the request, the council must give written notice of the decision to the person making the request.

s 68 ins 2003 No. 24 s 25

amd 2012 No. 43 s 270

69Development approval attaches to land

(1)The development approval attaches to the land, the subject of the application, and binds the owner of the land, the owner’s successors in title and any occupier of the land.

(2)To remove any doubt, it is declared that subsection (1) applies even if later development (including reconfiguring a South Bank lot) is approved for the land (or the land as reconfigured).

s 69 ins 2003 No. 24 s 25

70Request to change or cancel development approval

(1)This section applies if a person having an interest in the land to which the development approval relates wants to change or cancel a development approval.

(2)The person may, by written notice to the council, ask the council to change or cancel the development approval.

(3)If the council has an approved form for the request, the request must be in the approved form.

(4)The request must be accompanied by the fee for the request decided by the council.

(5)The fee must not be more than the actual cost of considering and processing the request.

s 70 ins 2003 No. 24 s 25

amd 2012 No. 43 s 271

71Deciding request to change or cancel development approvals

(1)The council must decide the request within 20 business days after receiving the request.

(2)The council and the person may agree to extend the period within which the council must decide the request.

(3)To the extent relevant, the council must assess and decide the request having regard to—

(a)the matters the council would have regard to if the request were a development application; and

(b)the interests of other persons whose interests in the land may be affected by the application.

(4)The council must give the person written notice of the decision.

(5)The changed development approval or cancellation takes effect from the day the notice is given to the person.

s 71 ins 2003 No. 24 s 25

amd 2012 No. 43 s 272

pt 7 div 4 hdg ins 2002 No. 24 s 25

72Application of this division to the corporation

This division does not bind the corporation.

s 72 ins 2002 No. 24 s 25

73Carrying out assessable development without development approval

A person must not start assessable development without a development approval for the development.

Maximum penalty—1,665 penalty units.

s 73 ins 2002 No. 24 s 25

74Compliance with development approval

A person must not contravene a development approval, including any condition in the approval.

Maximum penalty—1,665 penalty units.

s 74 ins 2002 No. 24 s 25

75Offence about use of premises

A person must not use premises in the corporation area if the use is not a lawful use.

Maximum penalty—1,665 penalty units.

s 75 ins 2002 No. 24 s 25

76Development or use carried out in emergency

Sections 73, 74 and 75 do not apply to a person if—

(a)the person starts development or a use because of an emergency endangering—

(i)the life or health of a person; or

(ii)the structural safety of a building; and

(b)the person gives written notice of the development or use to the corporation or council as soon as practicable after starting the development or use.

s 76 ins 2002 No. 24 s 25

amd 2012 No. 43 s 273

pt 7 div 5 hdg ins 2003 No. 24 s 25

amd 2009 No. 36 s 872 sch 2; 2016 No. 27 s 447

77Application of division

(1)This division applies to the following applications (each a relevant application)—

(a)a development application under the Planning Act for which the corporation is a referral agency under that Act;

(b)a change application under the Planning Act for which the corporation is a referral agency under that Act.

(2)However, this division applies only until the end of the development completion date.

(3)In this section—

change application does not include a change application for a minor change to a development approval, as defined in the Planning Act.

s 77 ins 2003 No. 24 s 25

sub 2016 No. 27 s 448

78Modified application of the Planning Act—appeals and prohibited development conditions

(1)Despite the Planning Act, section 229, the applicant for the relevant application can not appeal against the corporation’s referral agency’s response under the Planning Act for the application.

(2)The Planning Act, section 66 does not apply to a condition the corporation directs the assessment manager for the relevant application to impose on any development approval given under the Planning Act for the application.

s 78 ins 2003 No. 24 s 25

amd 2009 No. 36 s 872 sch 2

sub 2016 No. 27 s 448

78AModified application of Planning and Environment Court Act 2016—particular declarations

The Planning and Environment Court Act 2016, section 11 does not apply in relation to the relevant application to the extent a declaration is sought about a matter done, to be done or that should have been done, by the corporation in relation to the application.

s 78A ins 2016 No. 27 s 448

pt 7 div 6 hdg ins 2003 No. 24 s 25

amd 2009 No. 36 s 872 sch 2; 2016 No. 27 s 449

79Effect of development completion date

On the development completion date, all development approvals that have not lapsed under this Act are taken to be development permits under the Planning Act.

s 79 ins 2003 No. 24 s 25

amd 2009 No. 36 s 872 sch 2; 2016 No. 27 s 450

pt 7 div 7 hdg ins 2003 No. 24 s 25

80Approved forms

The council may approve forms for use under this part.

s 80 ins 2003 No. 24 s 25

amd 2012 No. 43 s 274

81Interim use

(1)It is competent, and has always been competent, to use land within the corporation area of which the corporation is the registered proprietor (whether solely or jointly) for a use other than a use to which land was put immediately before the commencement of this Act—

(a)before development starts on the relevant land in accordance with the approved development plan; and

(b)for a period specified by the corporation and subject to the terms and conditions imposed by the corporation;

where that use is authorised by the corporation.

(2)The corporation must consult with the council before authorising a use under subsection (1) if the use is to happen after the commencement of the South Bank Corporation Amendment Act 1991, section 20.

s 81 (prev s 34A) ins 1991 No. 67 s 20

reloc and renum 2003 No. 24 s 20 (4)

pt 8 hdg ins 1995 No. 46 s 5

82Conduct causing public nuisance

(1)A person must not, on the site—

(a)be drunk or disorderly; or

(b)create a disturbance.

Maximum penalty—20 penalty units.

(2)For this part, an offence under subsection (1) is an exclusion offence.

s 82 ins 1995 No. 46 s 5

83Power to exclude persons causing public nuisance

(1)This section applies if a security officer finds a person committing an exclusion offence.

(2)The security officer may, by written notice, direct the person to leave the site.

(3)The security officer may also, by written notice, direct the person not to re-enter the site for 24 hours.

(4)A person must not contravene a direction given to the person under subsection (2) or (3), unless the person has a reasonable excuse.

Maximum penalty—10 penalty units.

(5)A security officer may, by written notice, direct a person to leave the site, and not re-enter the site for a stated period (starting when the direction is given) of not more than 10 days if—

(a)the person contravenes a direction given to the person under subsection (2) or (3); or

(b)the security officer is of the opinion, on reasonable grounds, that the exclusion of the person from the site is justified because of the person’s behaviour.

(6)A person must not contravene a direction given to the person under subsection (5), unless the person has a reasonable excuse.

Maximum penalty—10 penalty units.

(7)A written notice mentioned in subsection (5) must comply with the QCAT Act, section 157(2).

(8)For the purposes of the QCAT Act, a decision made by a security officer under subsection (5) is taken to have been made by the relevant entity for the security officer.

(9)In this section—

relevant entity, for a security officer, means the entity that appointed the security officer under section 108.

s 83 ins 1995 No. 46 s 5

amd 2000 No. 5 s 461 sch 3; 2009 No. 24 s 1632; 2012 No. 43 s 275

84Power to hand over certain offenders to the police

A security officer who finds a person on the site—

(a)committing an exclusion offence; or

(b)unlawfully damaging property; or

(c)contravening an exclusion direction or order;

may take the person immediately to a police officer, using only such force as is reasonable and necessary.

s 84 ins 1995 No. 46 s 5

85Power to ask name and address

(1)This section applies if a security officer finds a person on the site—

(a)committing an offence against this Act; or

(b)in circumstances that lead, or has information that leads, the security officer to suspect on reasonable grounds that the person has just committed, or is committing, an offence against this Act.

Example of paragraph (b)—

A security officer finds a person on the site, and has information to suspect on reasonable grounds that the person has remained on, or re-entered the site, in contravention of an exclusion order or direction.

(2)The security officer may ask the person to state the person’s name and address.

(3)When making the request, the security officer must warn the person that it is an offence to fail to state the person’s name or address, unless the person has a reasonable excuse.

(4)The security officer may ask the person to give evidence of the correctness of the stated name or address if the security officer suspects, on reasonable grounds, the stated name or address is false.

(5)A person must comply with a request under subsection (2) or (4), unless the person has a reasonable excuse.

Maximum penalty—10 penalty units.

(6)A person does not commit an offence against this section if—

(a)the person was asked to state the person’s name and address by a security officer who suspected the person had committed an offence against this Act; and

(b)the person is not proved to have committed the offence.

s 85 ins 1995 No. 46 s 5

amd 2000 No. 5 s 461 sch 3

86Court may exclude person from the site

(1)The corporation or council, or a police officer authorised by the corporation or council, may apply to a court for an order excluding a person from the site because of the person’s behaviour on the site.

(2)The application may be made in a proceeding for an exclusion offence, contravening an exclusion direction or order, or at any other time.

(3)If the application is not made in a proceeding for an offence mentioned in subsection (2), the corporation or council must give notice of the application to the person at least 21 days before the application is heard.

(4)The notice must set out particulars of the behaviour claimed to have been committed by the person.

(5)If the court decides to make the order, the court may order that the person not enter the site for a stated period of not more than 1 year.

(6)A person must not contravene an order made against the person under subsection (5).

Maximum penalty—20 penalty units.

s 86 ins 1995 No. 46 s 5

amd 2003 No. 24 s 27; 2012 No. 43 s 276

87Certain exclusion directions may be reviewed

(1)A person who is given a reviewable exclusion direction may apply, as provided under the QCAT Act, to QCAT to review the reasonableness of the direction.

(2)However, the application must be made—

(a)within 3 days after the person is given the direction; or

(b)if the direction is for less than 3 days—before the direction ends.

(3)The principal registrar of QCAT must immediately give the corporation a copy of the application.

s 87 ins 1995 No. 46 s 5

amd 2009 No. 24 s 1633

88Review does not stay effect of exclusion direction

The making of an application for the review of a reviewable exclusion direction does not stay the operation of the direction.

s 88 ins 1995 No. 46 s 5

89Review may be expedited hearing

For section 94(1)(b) of the QCAT Act, the review of a reviewable exclusion direction is a matter for which an expedited hearing may be conducted.

s 89 ins 1995 No. 46 s 5

amd 2002 No. 74 s 90 sch; 2003 No. 24 s 28; 2007 No. 36 s 2 sch

sub 2009 No. 24 s 1634

90Monetary decision can not be made on review

QCAT, on the review of a reviewable exclusion direction, can not make a decision requiring a person to pay an amount to someone else.

s 90 ins 1995 No. 46 s 5

amd 2003 No. 24 s 29

sub 2009 No. 24 s 1635

91Annual report of corporation to include report on part

(1)The corporation must, in each annual report, include a report on the exercise of powers under this part.

(2)Without limiting subsection (1), the report must state—

(a)the number of exclusion directions given, including the number given to children; and

(b)the number of exclusion directions reviewed, including the number relating to children; and

(c)the number of exclusion directions set aside, including the number relating to children; and

(d)the number of exclusion orders made, including the number relating to children.

s 91 ins 1995 No. 46 s 5

sub 2003 No. 24 s 30

92Payment instead of rates

(1)The corporation shall enter into an agreement with the Brisbane City Council with respect to the payment of moneys instead of the payment of rates in respect of land owned by the corporation.

(2)Land in respect of which moneys are payable under an agreement made under subsection (1) shall not be rateable land for the purposes of the City of Brisbane Act 2010 or any other Act, and even though it may be occupied for the time being by a person other than the corporation or an agency of the Crown.

(3)Despite subsection (2), if land referred to in subsection (1) becomes the subject of a lease from a public authority, the land is taken to be rateable land for the purposes of the City of Brisbane Act 2010.

(4)Nothing in this section requires a public authority to pay rates under the City of Brisbane Act 2010.

s 92 (prev s 37) amd 1991 No. 67 s 23; 2003 No. 24 s 26 (1)

reloc and renum 2003 No. 24 s 26 (2)

amd 2009 No. 17 s 331 sch 1 (amd 2010 No. 23 s 344 (11)); 2010 No. 23 s 352 sch 1

93Corporation is statutory body under Financial Accountability Act 2009

The corporation is a statutory body under the Financial Accountability Act 2009.

s 93 amd 1996 No. 54 s 9 sch

sub 2003 No. 24 s 31

amd 2009 No. 9 s 136 sch 1

94Corporation is statutory body under Statutory Bodies Financial Arrangements Act 1982

(1)The corporation is a statutory body under the Statutory Bodies Financial Arrangements Act 1982.

(2)The Statutory Bodies Financial Arrangements Act 1982, part 2B sets out the way in which the corporation’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982.

s 94 ins 1996 No. 54 s 9 sch

amd 2003 No. 24 s 32

95Payment of surplus funds

The Minister may direct, from time to time, the corporation to pay amounts from accumulated funds to the consolidated fund.

s 95 ins 1991 No. 67 s 24

96Financial return

In seeking to carry out its objects, functions, powers and duties, the corporation shall endeavour to achieve the maximum prudent financial return from such activity.

s 96 (prev s 33) reloc and renum 2003 No. 24 s 20 (3)

97Corporation’s budget

(1)The corporation must develop and adopt a budget for each financial year.

(2)The budget must be given to the Minister for the Minister’s approval within the time the Minister directs.

(3)The corporation may develop and adopt changes to its approved budget for a financial year.

(4)Each change must be given to the Minister for the Minister’s approval.

(5)A budget for a financial year, and any change to the approved budget for the financial year, has effect only if it is approved by the Minister.

(6)The corporation must comply with its budget.

(7)The corporation’s budget for a financial year must, at all times, be consistent with the funds available to it for the year.

(8)A budget for a financial year must show—

(a)estimates of the corporation’s receipts and payments for the year; and

(b)the purposes for which payments are to be made; and

(c)the estimates of the corporation’s receipts and payments adopted for the previous year and the actual receipts and payments for that year.

s 97 ins 1993 No. 71 s 13

pt 9A hdg ins 2014 No. 46 s 69

pt 9A div 1 hdg ins 2014 No. 46 s 69

97AApplication of pt 9A

(1)This part applies to—

(a)the granting of an option, or the entry into a contract, relating to the sale of a proposed lot or a leasehold building units lot by a seller of the proposed lot or lot; and

(b)any contract for the sale of a proposed lot or lot.

(2)Also, this part applies to the sale of a proposed lot regardless of where the contract for the sale was entered into if, when the proposed lot becomes a lot, it will be situated in Queensland.

(3)Without limiting section 104, if a person is required to comply with this part and another Act providing for the same matter as this part in relation to the sale of leasehold building units lots or proposed lots, this part applies to the exclusion of the other Act.

s 97A ins 2014 No. 46 s 69

97BDefinitions for pt 9A

In this part—

cadastral surveyor see the Surveyors Act 2003, schedule 3.

disclosure statement means a disclosure statement given under section 97F.

law practice means any of the following, within the meaning of the Legal Profession Act 2007, that has an office in Queensland—

(a)an Australian legal practitioner who is a sole practitioner but not a barrister under that Act;

(b)a law firm;

(c)an incorporated legal practice;

(d)a multi-disciplinary partnership.

leasehold building units lot means a lot shown on a registered leasehold building units plan.

lot means a lot, including a leasehold building units lot and a stratum lot, within the corporation area shown on a registered plan.

original seller means any person who, immediately after the registration of a leasehold building units plan subdividing South Bank public land, is—

(a)the lessee of all lots in the plan; or

(b)a successor or assignee of the lessee, other than a genuine transferee for value of the lease of a lot or any successor or assignee of the transferee.

prescribed trust account, for a recognised entity, means—

(a)if the recognised entity is a law practice—a trust account kept by the practice under the Legal Profession Act 2007; or

(b)if the recognised entity is the public trustee—a common fund held by the public trustee under the Public Trustee Act 1978; or

(c)if the recognised entity is a real estate agent—a trust account kept by the agent under the Agents Financial Administration Act 2014.

proposed leasehold building units lot means land within the corporation area that will become a leasehold building units lot on the registration of the plan on which it is shown.

proposed lot means land within the corporation area that will become a lot on the registration of the plan on which it is shown.

public trustee means the public trustee under the Public Trustee Act 1978.

real estate agent means a real estate agent carrying on business as a real estate agent under the Property Occupations Act 2014.

recognised entity means any of the following—

(a)a law practice;

(b)the public trustee;

(c)a real estate agent.

registered, in relation to a plan, means registered by the registrar of titles as provided by this Act.

seller, of a leasehold building units lot or a proposed leasehold building units lot, includes an original seller of the lot.

s 97B ins 2014 No. 46 s 69

97CReferences to disclosure statement

(1)In this part, a reference to a disclosure statement for a leasehold building units lot or a proposed lot includes a reference to the prescribed documents accompanying the statement for the leasehold building units lot or the proposed lot.

(2)In this section—

prescribed documents, accompanying a disclosure statement, means the documents mentioned in section 97F(2)(b) or (c).

s 97C ins 2014 No. 46 s 69

97DReferences to things done by or in relation to buyer or seller

(1)This section applies in relation to a provision in this part that refers to—

(a)a thing required or permitted to be done by or in relation to a buyer or seller of a leasehold building units lot or a proposed lot; or

(b)a thing having been done by or in relation to a buyer or seller of a leasehold building units lot or a proposed lot.

(2)The thing may be done, or the thing may have been done, by or in relation to the buyer or seller either—

(a)personally; or

(b)through an agent who is authorised to act for the buyer or seller in relation to the thing.

s 97D ins 2014 No. 46 s 69

pt 9A div 2 hdg ins 2014 No. 46 s 69

97EApplication of div 2 if option granted for proposed lot

(1)Section 97F, as modified by this section, applies if a person grants an option (the option) to another person—

(a)to purchase a proposed lot; or

(b)to sell a proposed lot.

(2)For subsection (1)—

(a)section 97F(1) requires the giving of the disclosure statement in relation to the option as if a reference to a contract for the sale of a proposed lot being entered into were a reference to an option to purchase or sell the proposed lot being granted; and

(b)any right of termination under section 97F relating to the disclosure statement applies in relation to—

(i)the option; and

(ii)a contract entered into by the seller and buyer for the sale to the buyer of the proposed lot arising from the option.

(3)If the seller and buyer enter into a contract for the sale to the buyer of the proposed lot arising from the option, section 97F(1) does not require the giving of a disclosure statement in relation to the contract for the sale.

(4)If the buyer is not a party to the contract for the sale of the proposed lot arising from the option, the seller must comply with section 97F before entering into the contract for the sale.

(5)In this section—

buyer means the person who is granted an option to purchase, or who grants an option to sell, the proposed lot.

seller means the person who grants an option to purchase, or who is granted an option to sell, the proposed lot.

s 97E ins 2014 No. 46 s 69

97FInformation to be given by seller to buyer

(1)Before a seller enters into a contract with another person (the buyer) for the sale to the buyer of a leasehold building units lot or a proposed lot, the seller must give the buyer a disclosure statement.

(2)The disclosure statement must—

(a)identify the leasehold building units lot or the proposed lot; and

(b)if the contract is for the sale of a proposed leasehold building units lot by an original seller—be accompanied by a disclosure plan, complying with section 97G, for the proposed lot; and

(c)if the contract is for the sale of a leasehold building units lot or a proposed leasehold building units lot by an original seller—include or be accompanied by the matters mentioned in section 97H; and

(d)if the contract is for the sale of any proposed lot by a seller—state the date by which the seller must settle the contract for the sale of the lot as provided under section 97J.

(3)The disclosure statement must be signed by the seller.

(4)The disclosure statement must be substantially complete.

(5)If the contract has not already been settled, the buyer may terminate the contract if the seller has not complied with subsection (1).

(6)The seller does not fail to comply with subsection (1) merely because the disclosure statement, although substantially complete as at the day the contract is entered into, contains inaccuracies.

s 97F ins 2014 No. 46 s 69

97GDisclosure plan requirements

(1)A disclosure plan may comprise 1 or more documents that contain the relevant lot particulars for a proposed leasehold building units lot.

(2)A disclosure plan must be prepared by a cadastral surveyor.

Example of a document that may comprise or form part of a disclosure plan—

a draft plan of survey

(3)In this section—

relevant lot particulars, for a proposed leasehold building units lot, means the following—

(a)the proposed number of the lot;

(b)the total area of the lot;

(c)identification of any parts of the lot proposed to be outside the building in which the lot is proposed to be located, including any proposed balcony, courtyard or carport;

(d)the floor level in the building in which the lot is proposed to be located;

(e)identification of other lots and common property proposed to be on the same floor level in the building in which the lot is proposed to be located;

(f)identification of the proposed orientation of the lot by reference to north.

s 97G ins 2014 No. 46 s 69

97HMatters to be included in disclosure statement

(1)A disclosure statement must—

(a)include or be accompanied by particulars of—

(i)for the sale of a leasehold building units lot—the lot entitlement of each leasehold building units lot on the leasehold building units plan on which the lot is shown, and the aggregate lot entitlement; or

(ii)for the sale of a proposed leasehold building units lot—the proposed lot entitlement of each proposed leasehold building units lot on the proposed leasehold building units plan for the lot, and the proposed aggregate lot entitlement; and

(b)include or be accompanied by details of any prescribed arrangement entered into in relation to the relevant plan, including—

(i)the terms and conditions of the prescribed arrangement; and

(ii)the cost or estimated costs to the lessee of each lot shown on the plan; and

(c)include or be accompanied by any by-laws or proposed by-laws for the building and its site the subject of the relevant plan; and

(d)include or be accompanied by any management statement or proposed management statement for the building and its site the subject of the relevant plan.

(2)In this section—

relevant plan means—

(a)for a leasehold building units lot—the leasehold building units plan on which the lot is shown; or

(b)for a proposed leasehold building units lot—the proposed leasehold building units plan for the lot.

s 97H ins 2014 No. 46 s 69

97IVariation of disclosure statement by further statement

(1)This section applies if the contract for the sale of a leasehold building units lot or a proposed lot has not been settled and—

(a)the seller becomes aware that information contained in the disclosure statement was inaccurate as at the day the contract was entered into; or

(b)the disclosure statement would not be accurate if now given as a disclosure statement.

(2)The seller must, at least 21 days before the contract is settled, give the buyer a further statement (the further statement) rectifying the inaccuracies in the disclosure statement.

(3)The further statement must—

(a)be signed by the seller; and

(b)to the extent, if any, the further statement rectifies inaccuracies in the relevant lot particulars mentioned in section 97G for a proposed leasehold building units lot—be certified as accurate by a cadastral surveyor.

(4)The buyer may terminate the contract if—

(a)it has not already been settled; and

(b)the buyer would be materially prejudiced, if compelled to complete the contract, given the extent to which the disclosure statement was, or has become, inaccurate; and

(c)the termination is effected by written notice given to the seller within 21 days, or a longer period agreed between the buyer and seller, after the seller gives the buyer the further statement.

(5)Subsections (1) to (4) continue to apply after the further statement is given on the basis that the disclosure statement is taken to be constituted by the disclosure statement and any further statement.

(6)If the seller fails to comply with this section, the buyer may terminate the contract by written notice given to the seller if—

(a)the contract has not already been settled; and

(b)the buyer would be materially prejudiced, if compelled to complete the contract, given the extent to which the disclosure statement was, or has become, inaccurate.

s 97I ins 2014 No. 46 s 69

pt 9A div 3 hdg ins 2014 No. 46 s 69

97JTerminating contract if not settled within particular period

(1)This section applies if, other than because of the buyer’s default, the seller has not settled the contract for the sale of the proposed lot before—

(a)if the contract provides for a date by which it must be settled (the sunset date), the earlier of the following—

(i)the sunset date or, if the buyer requests a later date for settlement and the seller agrees to the date, the later date;

(ii)the end of 5¹/₂ years after the day the contract was entered into by the buyer or, if the buyer requests a later date for settlement and the seller agrees to the date, the later date; or

(b)otherwise—the end of 3¹/₂ years after the day the contract was entered into by the buyer or, if the buyer requests a later date for settlement and the seller agrees to the date, the later date.

Note—

See section 139 for the particular circumstances in which the period prescribed in subsection (1)(b) is changed.

(2)The buyer may terminate the contract for the sale of the proposed lot by a signed written notice of termination given to the seller before the contract is settled.

s 97J ins 2014 No. 46 s 69

pt 9A div 4 hdg ins 2014 No. 46 s 69

97KTermination under this part

(1)This section applies if a buyer terminates a contract under this part.

(2)The seller must, within 14 days after the termination, repay to the buyer—

(a)any amount paid to the seller or the seller’s agent towards the purchase of the leasehold building units lot or proposed lot; and

(b)any interest that accrued on the amount while it was held by the seller or the seller’s agent.

(3)However, if the amount or interest is held by an entity in a trust account kept as required under an Act, the requirement under subsection (2) applies subject to compliance with the law governing the entity’s trust account.

(4)An amount repayable under subsection (2) may be recovered as a debt.

s 97K ins 2014 No. 46 s 69

pt 9A div 5 hdg ins 2014 No. 46 s 69

97LPayment of particular amounts

This division applies to the following amounts—

(a)an amount paid towards the purchase of a proposed lot under a contract for the sale of the lot (other than an amount paid at settlement);

(b)an amount paid under another instrument (whether legally binding or not) relating to the sale of a proposed lot.

Examples of instruments for paragraph (b)—

•an option to purchase

•an instrument providing for an expression of interest

s 97L ins 2014 No. 46 s 69

97MAmounts paid under s 97L to be held in prescribed trust account

(1)The person to whom the amount is paid must pay the amount directly to—

(a)if the contract or instrument states the amount is to be paid to either of the following recognised entities, the recognised entity—

(i)a law practice at its office in Queensland;

(ii)a real estate agent; or

(b)if paragraph (a) does not apply, the public trustee.

Maximum penalty—200 penalty units or 1 year’s imprisonment.

(2)An amount paid to a recognised entity mentioned in subsection (1)(a) or (b) must be—

(a)held by the recognised entity in a prescribed trust account; and

(b)dealt with by the recognised entity in accordance with this part and the law governing the operation of the entity’s prescribed trust account.

Maximum penalty—200 penalty units or 1 year’s imprisonment.

(3)An amount paid to a law practice under this section is taken to be trust money under the Legal Profession Act 2007, part 3.3.

s 97M ins 2014 No. 46 s 69

97NDisposal of amount held in prescribed trust account

(1)A recognised entity that is paid an amount under section 97M(1) must hold the amount in the entity’s prescribed trust account until a party to the contract or instrument becomes entitled, under this part or otherwise according to law, to a repayment or payment of the amount.

Maximum penalty—200 penalty units or 1 year’s imprisonment.

(2)On a party becoming entitled to a repayment or payment of the amount, the recognised entity must dispose of the amount in accordance with the law governing the operation of the entity’s prescribed trust account.

Maximum penalty—200 penalty units or 1 year’s imprisonment.

(3)Subsections (1) and (2) apply despite anything in the contract or instrument under which the amount was paid to the recognised entity.

s 97N ins 2014 No. 46 s 69

97OInvestment of amount held in prescribed trust account

(1)A recognised entity that holds an amount paid under section 97M(1) in a prescribed trust account may invest the amount if—

(a)either of the following applies—

(i)the contract or instrument authorises the investment;

(ii)the parties to the contract or instrument give the entity their consent to the investment by signed written notice; and

(b)the investment is carried out in accordance with the law governing the operation of the prescribed trust account.

(2)An amount invested as mentioned in subsection (1) is taken to be an amount in the prescribed trust account.

(3)Any proceeds of an investment of an amount as mentioned in subsection (1) must be paid into the prescribed trust account, unless the proceeds are further invested as mentioned in subsection (1).

Maximum penalty for subsection (3)—200 penalty units or 1 year’s imprisonment.

s 97O ins 2014 No. 46 s 69

pt 9A div 6 hdg ins 2014 No. 46 s 69

97PSecurity instruments

(1)This section applies if an instrument is received from the buyer of a proposed lot as security for the payment of an amount under the contract for the sale of the lot—

(a)by a recognised entity on behalf of the seller; or

(b)by another person on behalf of the seller; or

(c)by the seller.

Example of an instrument for subsection (1)—

bank guarantee

(2)For subsection (1)(a), the recognised entity must keep the instrument at the prescribed place until—

(a)the instrument is returnable to the buyer according to law; or

(b)the instrument is given to the issuer of the security in exchange for the amount it secures.

Maximum penalty—200 penalty units or 1 year’s imprisonment.

(3)The amount given in exchange for the instrument under subsection (2)(b) is trust money.

(4)The amount given must be—

(a)held by the recognised entity who held the instrument in the entity’s prescribed trust account; and

(b)dealt with by the recognised entity in accordance with this part and the law governing the operation of the entity’s prescribed trust account.

Maximum penalty—200 penalty units or 1 year’s imprisonment.

(5)For subsection (1)(b), the person must give the instrument directly to a recognised entity.

Maximum penalty—200 penalty units or 1 year’s imprisonment.

(6)For subsection (1)(c), the seller must give the instrument directly to a recognised entity.

Maximum penalty—200 penalty units or 1 year’s imprisonment.

(7)If the instrument is given to a recognised entity under subsection (5) or (6), subsections (2), (3) and (4) apply as if the instrument were received from the buyer by the recognised entity on behalf of the seller as provided in subsection (1)(a).

(8)In this section—

prescribed place means—

(a)for a recognised entity that is a law practice—an office of the practice in Queensland; or

(b)for a recognised entity that is the public trustee—an office of the public trustee in Queensland; or

(c)for a recognised entity that is a real estate agent—the office of the real estate agency in which the agent carries on the business of a real estate agent.

s 97P ins 2014 No. 46 s 69

97QContracting out prohibited

(1)A contract for the sale of a leasehold building units lot or a proposed lot is void to the extent to which it purports to exclude, restrict or otherwise change the effect of a provision of this part.

(2)In this section—

contract, for the sale of a leasehold building units lot or a proposed lot, includes any instrument relating to the sale of the leasehold building units lot or proposed lot.

s 97Q ins 2014 No. 46 s 69

97REvidentiary provision

In a proceeding for an offence against this part, a copy of a contract or other instrument purporting to relate to the sale or purchase of a proposed lot and produced on behalf of the complainant is admissible in evidence as if it were the original contract or instrument.

s 97R ins 2014 No. 46 s 69

98Offence provision

(1)A person who contravenes a provision of this Act commits an offence against this Act.

(2)A person who commits an offence against this Act (whether provided for in subsection (1) or any other provision of this Act) is liable, unless a specified penalty is otherwise prescribed for that offence to a penalty not exceeding—

(a)in the case of an offender who is an individual—40 penalty units or 6 months imprisonment; or

(b)in the case of an offender that is a body corporate—250 penalty units.

(3)Proceedings in respect of an offence against this Act, other than proceedings taken pursuant to the arrest of an offender, shall be taken in a summary way under the Justices Act 1886 upon the complaint of the corporation manager or of a person authorised by the corporation manager either generally or in a particular case.

(4)In proceedings in respect of an offence against this Act, it shall not be necessary to prove the appointment of the corporation manager or the authority of the complainant in the absence of evidence that challenges such appointment or authority.

98AResponsibility for acts or omissions of representative

(1)This section applies in a proceeding for an offence against this Act.

(2)If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—

(a)the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and

(b)the representative had the state of mind.

(3)An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.

(4)In this section—

representative means—

(a)of an individual—an employee or agent of the individual; or

(b)of an unincorporated body—a member of the body, or an employee or agent of the body; or

(c)of a partnership—a partner, employee or agent of the partnership; or

(d)of a corporation—an executive officer, employee or agent of the corporation.

state of mind, of a person, includes—

(a)the person’s knowledge, intention, opinion, belief or purpose; and

(b)the person’s reasons for the intention, opinion, belief or purpose.

s 98A ins 2014 No. 46 s 70

99Fire safety requirements

Despite any Act relating to fire safety, but without compromising the principles of fire safety in the Act, a relevant fire authority or inspecting entity, when deciding whether fire safety installations and other fire safety measures for a building on South Bank public land are installed as required by the Act and are adequate and operational, must take into account—

(a)the provisions of this Act; and

(b)the physical structure of the building as opposed to its title boundaries; and

(c)the methods of subdivision permitted by this Act; and

(d)requests made by a public authority; and

(e)the by-laws in the management statement (if any) regulating the building; and

(f)any other matters relating to fire safety approvals for buildings situated within the corporation area as are prescribed by regulation.

s 99 ins 1991 No. 67 s 25

amd 2003 No. 24 s 34

100Lessee taken to be owner of land or lot

(1)A lessee from a public authority is, for the purposes of the Land Valuation Act 2010, the City of Brisbane Act 2010, the Local Government Act 2009 and any other Act relating to the valuation or rating of land, taken to be the owner of the land or lot the subject of the lease.

(2)For the purposes of the Land Tax Act 2010 and any other Acts relating to land tax, a lessee from a public authority is not to be taken to be the owner of the land the subject of the lease.

s 100 ins 1991 No. 67 s 25

amd 2010 No. 15 s 98 sch 3; 2009 No. 17 s 331 sch 1 (amd 2010 No. 23 s 344 (11)); 2010 No. 23 s 352 sch 1; 2010 No. 39 s 325 sch 1pt 2

101Valuation of stratum lots

(1)Despite the Land Valuation Act 2010 and any other Act relating to valuation of land or the rating of land, the valuer-general in valuing land comprised in a stratum plan within the corporation area must, for the purposes of those Acts, apply the following principles of valuation—

(a)the valuer-general must first value the land comprised in the stratum plan as though the land were a single parcel of land in 1 ownership even though the land may consist of 1 or more stratum lots;

(b)the valuer-general must then apportion the value of the land in the stratum plan between the stratum lots in the stratum plan according to the value proportions allocated from time to time in the management statement for each stratum lot.

(2)The value apportioned to each stratum lot under subsection (1)(b) is, for the purposes of making, levying, imposing, assessing or recovering rates, taken to be the value of the stratum lot.

(3)If a management statement is amended to give effect to a change in the value proportions allocated to a stratum lot, the valuer-general must, on notification of the amendment, cause new valuations to be made of the stratum lots affected by the amendment—

(a)if the amendment is made under section 42(8)—by apportioning the former value of the former stratum lot the subject of the subdivision between the new stratum lots created by the subdivision according to the new value proportions allocated for each new stratum lot; and

(b)if the amendment is made under section 42(10)—by taking the sum of the former values of the former stratum lots the subject of the amalgamation as the value of the stratum lot created by the amalgamation; and

(c)if the amendment is made under section 46(11)—by apportioning the value of the land in the stratum plan between the stratum lots in the stratum plan according to the new value proportions allocated for each stratum lot, or, if the value proportions of some stratum lots remain unchanged, according to those unchanged proportions.

(4)If a stratum lot in a stratum plan is a stratum parcel, the value apportioned under this section to the stratum lot is taken to be the value of the stratum parcel for the purposes of schedule 4, part 4, division 7.

Note—

For ‘value’ in this section see the Land Valuation Act 2010, chapter 2 and chapter 10, part 3.

s 101 ins 1991 No. 67 s 2

amd 2010 No. 39 s 325 sch 1pt 2

104Inconsistency with other Acts

(1)It is the intention of the Parliament that, to the greatest extent practicable, this Act should have effect despite any inconsistency with any other Act.

(2)Without limiting subsection (1), this Act has effect despite any law in force at the time of commencement of this Act.

(3)Without limiting any provision of this Act, the registrar of titles is authorised and directed to accept and register all plans and other instruments prepared under the authority of this Act if, subject to this Act, they are in a form acceptable to the registrar.

s 104 ins 1991 No. 67 s 25

105Reference to single deed of grant only

To show the reservations to the State contained in a deed of grant issued before deed of grant volume 8536 folio 178 issued over the corporation area—

(a)a plan lodged after the commencement of this section; and

(b)a certificate of title issued from the plan;

may refer to deed of grant volume 8536 folio 178 that issued on a surrender under the Land Act 1962, section 9 and need not refer to previous deeds of grant.

s 105 ins 1993 No. 71 s 14

106Application of Transport Infrastructure Act 1994 to corporation area

The Transport Infrastructure Act 1994, section 255 applies to the corporation area.

s 106 ins 1993 No. 71 s 14

sub 2005 No. 49 s 89 sch

amd 2019 No. 11 s 231 sch 1 pt 1

107Reserve power of Minister to give directions in public interest

(1)The Minister may give the corporation a written direction if the Minister is satisfied it is necessary to give the direction in the public interest because of exceptional circumstances.

(2)The corporation must ensure the direction is complied with.

(3)Before giving the direction, the Minister must—

(a)consult with the corporation; and

(b)ask the corporation to advise whether, in its opinion, complying with the direction would not be in its commercial interest.

(4)The Minister must cause a copy of the direction to be gazetted within 21 days after it is given.

s 107 ins 1993 No. 71 s 14

108Security officers

(1)The corporation or council may appoint an individual as a security officer.

(2)However, the corporation may appoint an individual as a security officer only if the corporation is satisfied the individual has the necessary expertise or experience.

s 108 prev s 108 ins 1999 No. 50 s 4

exp 31 December 2002 (see s 40(5))

pres s 108 ins 2003 No. 24 s 37

amd 2012 No. 43 s 277

109Appointment conditions and limit on powers

(1)A security officer holds office on any conditions stated in—

(a)the security officer’s instrument of appointment; or

(b)a signed notice given to the security officer; or

(c)a regulation.

(2)The instrument of appointment, a signed notice given to the security officer or a regulation may limit the security officer’s powers under this Act.

(3)In this section—

signed notice means a notice signed by the corporation manager.

s 109 ins 2003 No. 24 s 37

110Issue of identity card

(1)An entity that appoints a security officer must issue an identity card to the security officer.

(2)The identity card must—

(a)contain a recent photo of the security officer; and

(b)contain a copy of the security officer’s signature; and

(c)identify the person as a security officer under this Act; and

(d)state an expiry date for the card.

(3)This section does not prevent the issue of a single identity card to a person for this Act and other purposes.

s 110 ins 2003 No. 24 s 37

amd 2012 No. 43 s 278

111Production or display of identity card

(1)In exercising a power under this Act in relation to another person, a security officer must—

(a)produce the security officer’s identity card for the other person’s inspection before exercising the power; or

(b)have the identity card displayed so it is clearly visible to the other person when exercising the power.

(2)However, if it is not practicable to comply with subsection (1), the security officer must produce the identity card for the other person’s inspection at the first reasonable opportunity.

s 111 ins 2003 No. 24 s 37

112When security officer ceases to hold office

(1)A security officer ceases to hold office if any of the following happens—

(a)the term of office stated in a condition of office ends;

(b)under another condition of office, the security officer ceases to hold office;

(c)the security officer’s resignation under section 113 takes effect.

(2)Subsection (1) does not limit the ways a security officer may cease to hold office.

(3)In this section—

condition of office means a condition on which the security officer holds office.

s 112 ins 2003 No. 24 s 37

113Resignation

(1)A security officer may resign by signed notice given to the entity that appointed the security officer.

(2)However, if holding office as a security officer is a condition of the security officer holding another office, the security officer may not resign as a security officer without resigning from the other office.

s 113 ins 2003 No. 24 s 37

amd 2012 No. 43 s 279

114Return of identity card

An individual who ceases to be a security officer must return the security officer’s identity card to the entity that appointed the security officer within 21 days after ceasing to be a security officer, unless the individual has a reasonable excuse.

Maximum penalty—10 penalty units.

s 114 ins 2003 No. 24 s 37

amd 2012 No. 43 s 280

115By-laws of corporation

(1)The corporation may make by-laws under this Act.

(2)A by-law may make provision—

(a)to regulate the affairs of the corporation and its control of the corporation area; and

(b)to regulate the use of land within the corporation area in accordance with the approved development plan; and

(c)to regulate the entitlement of persons to enter the corporation area and the activities, conduct and behaviour of persons within the corporation area; and

(d)to provide for the protection and security of lands, buildings, structures and other property in the corporation area.

(3)A by-law may create offences and prescribe penalties of not more than 20 penalty units for the offences.

(4)A by-law may provide that a stated local law does not apply, or applies with stated changes, within the corporation area.

(5)If a by-law provides that a stated local law does not apply, or applies with stated changes, within the corporation area, the local law does not apply, or applies with the stated changes, within the corporation area.

(6)A by-law must be approved by the Governor in Council.

Editor’s note—

A by-law is subordinate legislation (see the Statutory Instruments Act 1992, sections 7, 8(b)(i) and 9(1)(a)).

(7)Subject to subsection (5), if a provision of a by-law is inconsistent with a provision of any Act or law (other than this Act) the former provision shall prevail and the latter provision shall, to the extent of the inconsistency, be inoperative within the corporation area until the provision of the by-law terminates.

s 115 amd 1992 No. 68 s 3 sch 2; 1995 No. 46 s 3 sch; 2003 No. 24 s 38

116Regulation-making power

(1)The Governor in Council may make regulations under this Act.

(2)A regulation may be made about any of the following matters—

(a)the preparation of plans and documents for the purposes of this Act;

(b)the plans and documents that may be lodged with the registrar of titles;

(c)the registration by the registrar of titles of plans and documents;

(d)the fees to be paid in respect of the lodgement and registration by the registrar of titles of plans and documents;

(e)the forms to be used for the purposes of this Act;

(f)the nomination and election of the offices of chairperson, secretary and treasurer of bodies corporate and of other members of committees;

(g)the practice or procedure to be followed by referees and tribunals;

(h)the enforcement of orders made by referees and tribunals;

(i)matters relating to fire safety approvals for buildings in the corporation area;

(j)the information to be contained in a management statement.

(3)A regulation may impose a penalty not exceeding 10 penalty units for an offence against a regulation.

(4)Regulations prescribing forms to be used for the purposes of this Act may also prescribe—

(a)the size, type and quality of paper on which a form must be printed; and

(b)the size and nature of the type to be used in the printing and completion of the form; and

(c)the ink or other substance with which the form must be printed or completed.

s 116 prev s 116 om 1993 No. 71 s 16

pres s 116 (prev s 40) sub 1991 No. 67 s 26

amd 1993 No. 71 s 15; 1995 No. 46 s 3 sch

amd 1995 No. 46 s 3 sch

reloc 1995 No. 46 s 3 sch

pt 11 hdg ins 2003 No. 24 s 39

sub 2006 No. 9 s 48

pt 11 div 1 hdg ins 2006 No. 9 s 48

118Members of the corporation

(1)A person who, immediately before the commencement of this section, was a member of the corporation is taken to be, on the commencement, a member of the board in accordance with the member’s original conditions of appointment.

(2)The person who, immediately before the commencement of this section, was the chairperson of the corporation is taken to be, on the commencement, the chairperson of the board in accordance with the member’s original conditions of appointment.

(3)In this section—

member’s original conditions of appointment means the terms and conditions governing the member’s appointment immediately before the commencement.

s 118 prev s 118 om 1991 No. 67 s 27

pres s 118 ins 2003 No. 24 s 39

119Development approvals

An approval for development issued, and in force, under section 36 as in force immediately before the commencement of this section is, on the commencement, taken to be a development approval.

s 119 ins 2003 No. 24 s 39

120Variation of development approvals

An application for approval for development made to the corporation under section 22A as in force immediately before the commencement of this section must be dealt with as if the South Bank Corporation and Other Acts Amendment Act 2003 had not been enacted.

s 120 ins 2003 No. 24 s 39

121Existing lawful use

To the extent an existing use of premises within the corporation area was lawful immediately before the commencement of this section, the use is taken to be lawful under this Act on the commencement.

s 121 ins 2003 No. 24 s 39

122Security officers

A person who, immediately before the commencement of this section, was a security officer appointed under this Act is taken to be, on the commencement, a security officer appointed under section 108.

s 122 ins 2003 No. 24 s 39

123Reference to member of the corporation

A reference in an Act or document to a member of the corporation may, if the context permits, be taken to be a reference to a member of the board.

s 123 ins 2003 No. 24 s 39

pt 11 div 2 hdg ins 2006 No. 9 s 49

124Audit of body corporate’s accounts for certain financial years

(1)This section applies if, before the commencement, a body corporate appointed a person mentioned in pre-amended schedule 4, section 29B(2)(b) to carry out an audit of the books and accounts of the body corporate—

(a)for the 2004–2005 financial year and the person has not carried out the audit; or

(b)for the 2005–2006 financial year.

(2)For the purpose of the person carrying out the audit, pre-amended schedule 4, section 29B(2)(b) continues to apply as if the Audit Legislation Amendment Act 2006 had not commenced.

(3)In this section—

commencement means commencement of this section.

pre-amended, in relation to schedule 4, section 29B(2)(b), means the provision as in force before the commencement.

s 124 ins 2006 No. 9 s 49

pt 11 div 3 hdg ins 2007 No. 20 s 94

125Rights and entitlements of particular employees

(1)This section applies to a person who—

(a)becomes an employee of the employing office; and

(b)was an employee of the corporation—

(i)immediately before the commencement of this section; and

(ii)immediately before becoming an employee of the employing office.

(2)On becoming an employee of the employing office, the person is taken to be employed under section 31G on the conditions on which the person would have been employed by the corporation, immediately before the person became an employee of the employing office, if the corporation had never become an employer under the Workplace Relations Act 1996 (Cwlth).

(3)Also—

(a)the person keeps all rights and entitlements, including entitlements to receive long service, recreation and sick leave and any similar entitlements, that—

(i)have accrued or were accruing to the person as an employee of the corporation; and

(ii)would have accrued to the person if the corporation had never become an employer under the Workplace Relations Act 1996 (Cwlth); and

(b)if the person is a member of a superannuation scheme—

(i)the person keeps all entitlements accrued or accruing to the person as a member of the scheme; and

(ii)the person’s membership of the scheme is not affected.

(4)Without limiting subsection (3), for working out the person’s rights and entitlements, including entitlements to receive long service, recreation and sick leave and any similar entitlements, employment of the person by the employing office is a continuation of employment of the person by the corporation.

(5)Subsection (2) does not limit section 31G(3) and (4).

s 125 ins 2007 No. 20 s 94

126Application of industrial instruments

The employing office is taken to be bound by the industrial instruments that bound the corporation immediately before it became an employer under the Workplace Relations Act 1996 (Cwlth).

s 126 ins 2007 No. 20 s 94

127Amending Act does not affect particular powers of corporation

Nothing in the Statutory Bodies Legislation Amendment Act 2007, part 9 affects the powers of the corporation under section 7.

s 127 ins 2007 No. 20 s 94

amd 2019 No. 11 s 231 sch 1 pt 1

128Continued application of repealed s 14

(1)Section 14, as in force immediately before the commencement of this section, continues to apply in relation to persons employed by the corporation immediately before the commencement while that employment continues.

(2)This section does not limit section 127.

s 128 ins 2007 No. 20 s 94

pt 11 div 4 hdg ins 2008 No. 75 s 94

129Amendment of by-law

The amendment of the South Bank Corporation By-law 2004 by the Revenue and Other Legislation Amendment Act (No. 2) 2008 does not affect the power of the Governor in Council to approve any further amendment of the by-law, or the repeal of the by-law, by the corporation.

s 129 ins 2008 No. 75 s 94

pt 11 div 5 hdg ins 2009 No. 36 s 872 sch 2

130Application of s 78 to particular development applications

(1)This section applies if the corporation is a concurrence agency under the repealed Integrated Planning Act 1997 for a development application made but not decided under that Act before the commencement.

(2)Section 78 as in force immediately before the commencement continues to apply in relation to the development application.

(3)In this section—

commencement means the day this section commences.

s 130 ins 2009 No. 36 s 872 sch 2

pt 11 div 6 hdg ins 2010 No. 39 s 325 sch 1pt 2

131Transitional provision for s 101

After the commencement of this section, a reference in a management statement to ‘unimproved value proportions’ is taken to be a reference to ‘value proportions’.

s 131 ins 2010 No. 39 s 325 sch 1pt 2

pt 11 div 7 hdg ins 2012 No. 43 s 281

132Definitions for div 7

In this division—

amending Act means the Economic Development Act 2012.

commencement means the commencement of this section.

unamended Act means this Act as in force before the commencement.

s 132 ins 2012 No. 43 s 281

133Continuing effect of development approvals

(1)A development approval that is in effect immediately before the commencement continues as a development approval on and after the commencement.

(2)A development approval, for an application made before the commencement, that had not taken effect immediately before the commencement continues as a development approval on and after the commencement.

(3)A development approval mentioned in subsection (2) takes effect from the time the development approval is given to the applicant.

s 133 ins 2012 No. 43 s 281

134Existing uses

A use of premises within the corporation area that was an existing use of premises immediately before the commencement is taken to be a lawful use of premises under this Act on and after the commencement.

s 134 ins 2012 No. 43 s 281

135Application of unamended Act to applications made before commencement

(1)This section applies if, before the commencement, an application for a development approval was made and the application was not decided or a decision notice for the application was not given to the applicant.

(2)For dealing with and deciding the application, the unamended Act, part 7, division 3 continues to apply in relation to the application as if the division had not been amended by the amending Act.

s 135 ins 2012 No. 43 s 281

136Application of unamended Act to particular development approvals

(1)This section applies to a development approval that is in effect immediately before the commencement or is given on an application to which section 135 applies.

(2)Without limiting section 133, the unamended Act, part 6 and part 7, division 3 continue to apply in relation to the development approval as if the part and the division had not been amended by the amending Act.

(3)This section does not apply to a development approval to which section 137 applies.

s 136 ins 2012 No. 43 s 281

137Application of unamended Act to development approvals for sites 9A and 9B

(1)This section applies in relation to land in sites 9A and 9B.

(2)Without limiting section 133, the unamended Act, part 6 and part 7, division 3 continue to apply in relation to the following as if the part and the division had not been amended by the amending Act—

(a)a development approval for sites 9A and 9B, or any part of sites 9A and 9B, that is in effect immediately before the commencement;

(b)an application made by a relevant applicant after the commencement—

(i)for another development approval for sites 9A and 9B; and

(ii)to change a development approval mentioned in paragraph (a); and

(iii)to cancel a development approval mentioned in paragraph (a);

(c)a development approval for an application mentioned in paragraph (b)(i) or (ii).

(3)In this section—

relevant applicant means a person who before the commencement was the applicant for a development approval mentioned in subsection (2)(a).

sites 9A and 9B means all of the following land—

(a)the part of lot 812 on SP 205159 as shown in the approved development plan;

(b)lot 100 on SP 116313;

(c)lot 900 on SP 204999;

(d)lot 3 on SP 121757;

(e)lot 1 on CP M332199;

(f)lot 5 on SP 205135.

s 137 ins 2012 No. 43 s 281

pt 11 div 8 hdg ins 2014 No. 46 s 72

138Definitions for div 8

In this division—

commencement means the commencement of this division.

proposed lot has the meaning given by section 97B.

s 138 ins 2014 No. 46 s 72

139Application of pt 9A and modified application of s 97J

(1)Part 9A applies only in relation to a contract for the sale of a lot or proposed lot entered into by a buyer after the commencement.

(2)However, section 97J as modified under subsection (3) applies in relation to the contract for the sale of the proposed lot if—

(a)the proposed lot is a proposed lot mentioned in the Land Sales Regulation 2000, schedule 2 as in force immediately before the repeal of that regulation; and

Note—

Under old LSA, section 28, a period could be prescribed by regulation for giving a registrable instrument for a proposed lot.

(b)the contract does not provide the date by which it must be settled.

(3)Section 97J is modified by omitting subsection (1)(b) and inserting the following—

‘(b)if the contract does not provide the date by which it must be settled—the end of the period prescribed in the repealed Land Sales Regulation 2000, schedule 2 worked out from the day the contract was entered into.’

(4)In this section—

old LSA, section 28 means section 28 of the Land Sales Act 1984 as in force immediately before the commencement.

s 139 ins 2014 No. 46 s 72

140Continuing application of former provisions

(1)This section applies in relation to a contract for the sale of a lot or proposed lot entered into before the commencement.

(2)The following provisions continue to apply in relation to the contract as if the Land Sales and Other Legislation Amendment Act 2014 had not been enacted—

(a)schedule 4, section 49 and 49A of this Act as in force at any relevant time before the commencement;

(b)old LSA, part 3.

(3)However, if, at any time before the settlement of a contract to which the part applies, the parties to the contract agree to settle the sale using e-conveyancing, old LSA, part 3 is to be read with the following changes—

(a)old LSA, section 22(4)(a)—

omit, insert—

‘(a)the vendor or the vendor’s agent can not require the purchaser to settle; and’;

(b)old LSA, section 23(1), ‘, without becoming entitled in terms of the instrument to receive a registrable instrument of transfer in exchange therefor’—
omit, insert—
‘(but excluding an amount payable at settlement)’;

(c)old LSA, section 23(4)—
omit;

(d)old LSA, section 25(2)(a)—

omit, insert—

‘(a)before settlement of the sale of the proposed lot; or’;

(e)old LSA, section 25(2)(b)(ii)—

omit, insert—

‘(ii)before settlement of the sale of the proposed lot;’;

(f)old LSA, section 27, heading—

omit, insert—

‘27Purchaser’s rights if purchase not settled within a certain period’;

(g)old LSA, section 27(1)(b), ‘the vendor has not given the purchaser a registrable instrument of transfer for the lot’—
omit, insert—
‘the sale of the proposed lot has not been settled’;

(h)old LSA, section 27(2), ‘before the vendor gives the purchaser the registrable instrument of transfer for the proposed lot’—
omit, insert—
‘before the sale of the proposed lot has been settled’;

(i)old LSA, section 28, heading, ‘for giving of registrable instrument’—
omit.

(4)In this section—

e-conveyancing see the Property Law Act 1974, section 58A.

old LSA, followed by a provision number, means the provision with that number in the Land Sales Act 1984 as in force at any relevant time before the commencement.

s 140 ins 2014 No. 46 s 72

pt 11 div 9 hdg ins 2016 No. 27 s 451

141Existing development application if corporation was concurrence agency

(1)This section applies to an existing development application if the corporation was a concurrence agency under the repealed Planning Act for the application.

(2)Section 78 as in force immediately before the commencement continues to apply in relation to the application.

(3)In this section—

existing development application means a development application made under the repealed Planning Act, to which the Planning Act, section 288 applies.

repealed Planning Act means the repealed Sustainable Planning Act 2009.

s 141 ins 2016 No. 27 s 451

section 10

1Duration of appointment

A member is to be appointed for a term of not longer than 3 years.

sch 1 pt 1 s 1 amd 2003 No. 24 s 3 sch

2Disqualification from membership of board

A person is disqualified from becoming or continuing as a member if the person—

(a)engages in full-time employment with the board, or becomes an employee of the employing office or another government entity or public agency performing work for the corporation, on a full-time basis, under a work performance arrangement, without the Governor in Council’s approval; or

(b)has been convicted of an indictable offence.

sch 1 pt 1 s 2 amd 2003 No. 24 s 3 sch; 2007 No. 20 s 95

3Ceasing to be member

(1)A person ceases to be a member if the person—

(a)resigns by signed resignation notice given to the Minister; or

(b)is disqualified under clause 2; or

(c)is removed under subclause (2); or

(d)is a public service officer appointed on the nomination of the Minister and stops being a public service officer.

(2)The Governor in Council may remove a member from office if the member—

(a)engages in misconduct or neglect of duty; or

(b)contravenes this Act without reasonable excuse; or

(c)becomes incapable of performing the functions of office because of physical or mental incapacity; or

(d)is incompetent; or

(e)is an undischarged bankrupt or is taking advantage of the laws relating to bankruptcy; or

(f)was appointed on the nomination of the council and the council has resolved to withdraw the nomination; or

(g)is absent from 3 consecutive meetings of the board without leave of the board or the chairperson and without reasonable excuse.

sch 1 pt 1 s 3 amd 2003 No. 24 ss 3, 40 sch

4Terms of appointment

(1)A member is entitled to be paid the remuneration and allowances the Governor in Council decides.

(2)A member holds office on the terms of appointment not provided under this Act that the Governor in Council decides.

sch 1 pt 1 s 4 amd 2003 No. 24 s 3 sch

sch 1 pt 2 hdg amd 2003 No. 24 s 3 sch

5Meaning of required minimum number of members

In this part—

required minimum number of members means half the number of members of which the board for the time being consists or, if that number is not a whole number, the next higher whole number.

sch 1 pt 2 s 5 amd 2003 No. 24 s 3 sch

6Conduct of meetings and other business

The board may conduct its business (including its meetings) in the way it considers appropriate.

sch 1 pt 2 s 6 amd 2003 No. 24 s 3 sch

7Times and places of meetings

(1)Meetings of the board are to be held at the times and places it decides.

(2)However, the chairperson—

(a)may at any time call a meeting; and

(b)must call a meeting if asked by at least the required minimum number of members.

sch 1 pt 2 s 7 amd 2003 No. 24 s 3 sch

8Presiding at meetings

(1)The chairperson must preside at all meetings when the chairperson is present.

(2)If the chairperson is absent, the member chosen by the members present is to preside.

9Quorum and voting at meetings

(1)At a meeting of the board—

(a)the required minimum number of members form a quorum; and

(b)a question is to be decided by a majority of the votes of the members present and voting; and

(c)each member present has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote.

(2)Subclause (1)(a) has effect subject to clause 15(3) (Voting by interested member).

sch 1 pt 2 s 9 amd 2003 No. 24 s 3 sch

10Taking part in meetings by telephone etc.

(1)The board may hold meetings, or permit members to take part in meetings, by telephone, closed-circuit television or another type of communication.

(2)A member who takes part in a meeting of the board under a permission under subclause (1) is taken to be present at the meeting.

sch 1 pt 2 s 10 amd 2003 No. 24 s 3 sch

11Resolutions without meetings

(1)If all members sign a document containing a statement that they are in favour of a resolution set out in the document, a resolution in those terms is taken to have been passed at a meeting of the board held on the day when the document is signed or, if the members do not sign it on the same day, the day when the last of the members signs the document.

(2)For the purposes of subclause (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by 1 or more members, are taken to be a single document.

sch 1 pt 2 s 11 amd 2003 No. 24 s 3 sch

12Register of minutes and decisions

(1)The corporation manager must keep, at the corporation’s office, a register containing the minutes of each meeting of the board and details of all decisions made by the board.

(2)The register may be inspected during normal working hours by a person authorised in writing by the Minister.

sch 1 pt 2 s 12 amd 2003 No. 24 s 3 sch

13Corporation’s seal

(1)The corporation’s seal must be kept at the corporation’s office, in the corporation manager’s custody, and may be used only as authorised by the board.

(2)The impressing of the seal must be witnessed by the chairperson and the corporation manager or as the chairperson directs.

(3)Judicial notice must be taken of the imprint of the seal appearing on a document and the document must be presumed to have been properly sealed unless the contrary is proved.

sch 1 pt 2 s 13 amd 2003 No. 24 s 3 sch

14Disclosure of interests by member

(1)If a member has a direct or indirect interest in an issue being considered, or about to be considered, by the board, the member must disclose the nature of the interest to a meeting of the board as soon as practicable after the relevant facts come to the member’s knowledge.

Maximum penalty—100 penalty units.

(2)The disclosure must be recorded in the board’s minutes.

sch 1 pt 2 s 14 amd 2003 No. 24 s 3 sch

15Voting by interested member

(1)A member who has a material personal interest in an issue being considered by the board must not—

(a)vote on the issue; or

(b)vote on a proposed resolution (a related resolution) under subclause (2) about the issue (whether in relation to the member or another); or

(c)be present while the issue, or a related resolution, is being considered by the board; or

(d)otherwise take part in any decision of the board about the issue or a related resolution.

Maximum penalty—100 penalty units.

(2)Subclause (1) does not apply to the issue if the board has at any time passed a resolution that—

(a)specifies the member, the interest and the issue; and

(b)states that the members voting for the resolution are satisfied that the interest should not disqualify the member from considering or voting on the issue.

(3)A quorum is present during a consideration of an issue by the board only if at least 1 less than the required minimum number of members are present who are entitled to vote on any motion that may be moved about the issue.

(4)The Minister may, by agreeing to a proposed resolution, deal with an issue if the board cannot deal with it because of subclause (3).

sch 1 pt 2 s 15 amd 2003 No. 24 s 3 sch

sch 1 sub 1993 No. 71 s 17

amd 2003 No. 24 s 3 sch

section 3, definition corporation area

sch 2 sub 1998 No. 26 s 14; 2003 No. 24 s 41; 2005 No. 49 s 89 sch

section 46

1Form of management statement

A management statement must—

(a)include the prescribed information; and

(b)bear the approval of the appropriate authority; and

(c)not be inconsistent with this Act.

2Matters to be included

(1)A management statement must include—

(a)the real property description of the stratum lots in the stratum plan to which the management statement relates; and

(b)a plan that delineates the external surface boundaries of the site of the building and shows the location of the building in relation to the external surface boundaries; and

must also include by-laws and other particulars relating to the following—

(c)the regulation (including the control, management, use, maintenance and enjoyment) of the building and its site;

(d)the establishment and composition of the building management committee and its office bearers;

(e)the functions of the building management committee and its office bearers in regulating the building and its site;

(f)meetings of the building management committee;

(g)voting on motions submitted to the building management committee;

(h)the keeping of records of proceedings of the building management committee;

(i)the manner in which the building management committee may enter into contracts and the provision of appropriate indemnities to contracting parties by the other members of the building management committee;

(j)the inspection of records and documents in the custody or under the control of the building management committee;

(k)certification to members of the building management committee and lessees of lots in a leasehold building units plan as to whether there is any amount unpaid by a member or a lessee of a lot in a leasehold building units plan under the management statement;

(l)the establishment and operation of accounts at a financial institution by the building management committee;

(m)the storage and collection of garbage on and from the various parts of the building and its site;

(n)the location of any restricted property;

(o)compliance with fire safety requirements;

(p)the apportionment of the value of land comprised in the relevant stratum plan between stratum lots in the stratum plan;

Note—

For ‘value’ see the Land Valuation Act 2010, chapter 2 and chapter 10, part 3.

(q)where schedule 4, section 55B applies—the apportionment of the cost of insurance premiums for a damage policy for the building effected under schedule 4, section 55B;

(r)any other matters required by the appropriate authority.

(2)Each body corporate for a leasehold building units plan for part of the building, and any other lessee of land in any part of the building or its site, that does not form part of a stratum parcel must be members of the building management committee.

(3)If a by-law restricts use of any part of the building or its site, the by-law must include the following—

(a)a description of the restricted property;

(b)details of the persons entitled to use the restricted property;

(c)the terms and conditions on which those persons may use the restricted property;

(d)particulars relating to access to the restricted property and the supply and keeping of any necessary key;

(e)particulars of the hours during which the restricted property may be used;

(f)provisions relating to the maintenance of the restricted property;

(g)provisions relating to the determination, imposition and collection of levies from those entitled to use the restricted property.

sch 3 s 2 amd 1997 No. 17 s 74 sch; 2010 No. 39 s 325 sch 1 pt 2

3Optional matters for management statement

(1)A management statement may include by-laws and other particulars relating to any of the following—

(a)safety and security measures;

(b)the appointment of a building manager;

(c)the control of unacceptable noise levels;

(d)prohibiting or regulating trading activities;

(e)management and service contracts (which must not be for a term of more than 5 years);

(f)an architectural code to preserve the appearance of the building;

(g)a landscaping code to preserve the appearance of the building or its site.

(2)This clause does not limit the matters that may be included in a management statement.

(3)A management statement may incorporate plans and other instruments as part of the statement.

sch 3 prev sch 3 om 1993 No. 71 s 18

pres sch 3 ins 1991 No. 67 s 28sch 1

section 47

Explanatory notes to schedule 4

1The provisions set out in this schedule are, subject to note 2, the provisions of the Building Units and Group Titles Act 1980 as in force at the enactment of this schedule (the applied Act). The provisions also include some amendments of that Act made since the enactment of this schedule.

2Various provisions of the applied Act have been omitted or appear in a modified form in this schedule. Other provisions have been inserted.

3Notes have been included at the end of various provisions of the schedule to indicate the source of provisions. The following rules have been followed in the inclusion of notes—

(a)if a provision of the applied Act has not been amended (other than in a way in which an Act is authorised to be reprinted by the Reprints Act 1992)—no note is included;

(b)if a provision of the applied Act has been omitted—instead of that provision, the note ‘(not applied)’ appears;

(c)if an additional provision has been inserted or a provision has been replaced—the note ‘(new)’ appears;

(d)if a provision has been otherwise amended (other than in a way in which an Act is authorised to be reprinted by the Reprints Act 1992)—the note ‘(amended)’ appears.

4The notes do not form part of the provisions of this schedule.

5In the provisions of the schedule—

(a)reference to the principal Act is a reference to this Act; and

(b)a reference to a section or other provision is a reference to a section or other provision in this schedule; and

(c)a reference to Act or this Act is a reference to this schedule; and

(d)a reference to a schedule or the schedules is a reference to a schedule or the schedules to this schedule.

1Short title

(not applied)

2Commencement

(not applied)

3Arrangement of Act

(not applied)

4Repeals and savings

(not applied)

5Savings and transitional

(not applied)

6Construction of Act

(1)This Act shall be read and construed with and as an amendment of the Land Title Act 1994.

(1A)However that Act shall be read and construed subject to this Act and, to the extent that that Act is inconsistent with this Act, this Act shall prevail.

(2)The Land Title Act 1994 applies to lots and common property in the same way as it applies to other land except in so far as any provision of the Land Title Act 1994 is inconsistent with this Act or is incapable of applying to lots or common property.

(new)

7Interpretation

(1)In this Act—

administrative fund means the fund established by a body corporate under section 38(1).

aggregate lot entitlement means the sum of the lot entitlements of all lots on a leasehold building units plan.

body corporate means a body corporate incorporated by section 27.

body corporate manager means a person appointed under section 50 or 94 for the time being a body corporate manager of a body corporate.

building means the building or buildings shown on the leasehold building units plan each of which contains 2 or more lots or parts of lots and, where more than 1 building is shown on the leasehold building units plan, means any 1 or more of those buildings.

building approvals authority means the authority required to give approval to building work as defined in the Planning Act, carried out on land, which is land—

(a)under the Land Title Act 1994; and

(b)within the corporation area; and

(c)held in fee simple by the corporation, the council or other public agency, solely or jointly.

Building Units and Group Titles Act means the Building Units and Group Titles Act 1980 in force at the commencement of this schedule.

ceiling does not include a false ceiling.

committee means the committee of a body corporate constituted under this Act.

common property means so much of a parcel as from time to time is not comprised in any lot, and includes contiguous common property and non-contiguous common property.

company nominee, in relation to a corporation, means the individual (if any) for the time being authorised under section 52 by the corporation.

contiguous common property means land within the corporation area which is contiguous—

(a)in any case—to the parcel; or

(b)in the case of a stratum parcel—to the site on which is erected the building, part of which is comprised in the leasehold building units plan.

Court means the Supreme Court.

leasehold building units plan means a plan which—

(a)is described in the title or heading as a leasehold building units plan; and

(b)in the case of a plan that does not relate to a proposed stratum parcel—shows the building comprised in the plan as being divided into lots; and

(c)in the case of a plan that does relate to a proposed stratum parcel—shows—

(i)the building; and

(ii)part of the building being subdivided into lots; and

(d)shows the common property (if any) comprised in the plan; and

(e)complies with the requirements of section 9.

lessee, in relation to a lot, means a person for the time being recorded in the register as entitled to a leasehold estate in the lot, but does not include a sublessee from a lessee of the lot.

lessor means the person who is the lessor of the lots or the lots and common property in a leasehold building units plan.

local government means—

(a)until the day prescribed under a regulation for section 39 of the principal Act—the corporation; or

(b)after the day prescribed under a regulation for section 39 of the principal Act—the council.

lot means a lot shown as such on a leasehold building units plan.

lot entitlement means the lot entitlement of a lot specified or apportioned in accordance with the provisions of section 10(5) or (6) or 19, as the case may be.

mortgage includes a charge on a lease of a lot for securing money or money’s worth.

non-contiguous common property means land within the corporation area which is not contiguous—

(a)in any case—to the parcel; or

(b)in the case of a stratum parcel—to the site on which is erected the building, part of which is comprised in the leasehold building units plan.

occupier, in relation to a lot, means a person in lawful occupation of that lot.

original leasehold building units plan—

(a)in relation to a leasehold plan of resubdivision—means the registered leasehold building units plan containing the lots or common property the subject of the leasehold plan of resubdivision;

(b)in relation to a leasehold plan of amalgamation—means the registered leasehold building units plan containing the lots the subject of the leasehold plan of amalgamation;

(c)in relation to a conversion of lots into common property—means the registered leasehold building units plan containing those lots.

original lessee means—

(a)for the purposes of sections 29, 39(3)(b) and 53(1), schedule 2, part 1, clauses 2 and 3 and schedule 2, part 2, clauses 15 and 16—any person who, immediately after the registration of the leasehold building units plan concerned, is—

(i)the lessee of all lots in the leasehold building units plan; or

(ii)the lessee of 2 or more of those lots, the sum of whose lot entitlements is more than two-thirds of the aggregate lot entitlement;

and includes any successor or assignee of the lessee or lessees referred to in subparagraph (i) or (ii), but does not include a bona fide transferee for value of the lease of a lot or any successor or assignee of that transferee; and

(b)for the purposes of sections 30(7B), 50(9) and 55C—any person who, immediately after the registration of the leasehold building units plan concerned, is the lessee of all lots in the leasehold building units plan, and includes any successor or assignee of that lessee, but does not include a bona fide transferee for value of the lease of a lot or any successor or assignee of that transferee.

(amended)

parcel means the land comprised in a leasehold building units plan.

person includes the corporation, council or other public agency.

prescribed arrangement means any agreement or arrangement (including an arrangement set out in the by-laws or the management statement (if any) for the building and its site the subject of the leasehold building units plan concerned) between—

(a)in the case of a lot the leasehold estate of which is recorded in the register—the body corporate or the original lessee and any other person; or

(b)in the case of a proposed lot—the original lessee and any other person;

being an agreement or arrangement—

(c)by instrument in writing appointing, under section 50, a body corporate manager; or

(d)for the carrying out of any of the duties of the body corporate under section 37(1)(a), (b) or (c); or

(e)entered into under section 37(2)(a) to (e) or section 38C; or

(f)for the protection of the parcel or any part or of the security of the occupants of the lots; or

(g)for the conduct of a business upon the parcel (whether upon a lot or the common property) of subletting of lots on behalf of any lessees of lots; or

(h)under which the rights of the lessee of a lot are or are likely to be affected to a material extent.

principal Act means the South Bank Corporation Act 1989.

public trustee means the public trustee within the meaning of the Public Trustee Act 1978.

qualified auditor means—

(a)a person registered as an auditor under the Corporations Act; or

(b)a member of CPA Australia who is entitled to use the letters ‘CPA’ or ‘FCPA’; or

(c)a member of The Institute of Chartered Accountants in Australia who is entitled to use the letters ‘CA’ or ‘FCA’; or

(d)a member of the Institute of Public Accountants who is entitled to use the letters ‘MIPA’ or ‘FIPA’.

referee means a referee appointed under the Building Units and Group Titles Act, section 69.

registered leasehold building units plan means a leasehold building units plan as amended from time to time registered under this Act.

resolution without dissent means a resolution which is passed at a duly convened general meeting of a body corporate and against which no vote is cast.

roll means the roll referred to in section 39 that relates to a leasehold building units plan or to a leasehold building units plan that has been terminated.

service obligation means a service obligation created or implied by section 17, 17A or 18.

service right means a service right created or implied by section 17, 17A or 18.

sinking fund means the fund established by a body corporate under section 38(4).

special resolution means a resolution proposed as a special resolution that is passed at a duly convened general meeting of a body corporate by the lessees if the lessees who vote against the resolution do not together—

(a)constitute more than 25% of the total number of lessees (determined on the basis of each lot having 1 lessee); and

(b)hold more than 25% of the aggregate lot entitlements.

tribunal means a tribunal constituted under section 96.

unanimous resolution means a resolution which is unanimously passed at a duly convened general meeting of a body corporate at which all persons entitled to exercise the powers of voting conferred by or under this Act are present personally or by proxy or vote in writing at the time of the motion.

wall includes door, window or other structure dividing a lot from common property or from another lot.

(amended)

(2)A reference in this Act to a resubdivision of a lot or common property or of a lot and common property is a reference to the alteration of the boundaries of—

(a)1 or more lots so as to create only 2 or more different lots; or

(b)1 or more lots so as to create 1 or more different lots and common property; or

(c)1 or more lots and common property so as to create 1 or more different lots or 1 or more different lots and common property; or

(d)common property so as to create 1 or more lots;

but does not include a reference to the amalgamation of 2 or more lots into 1 lot or the conversion of 1 or more lots into common property.

(4)In this Act, a reference to the Local Government (Planning and Environment) Act 1990 includes a reference to the planning scheme made by the council as in force from time to time.

(amended)

8Subdivision

(1)In this section—

land means land as defined in section 3 of the principal Act, being land—

(a)under the Land Title Act 1994; and

(b)within the corporation area; and

(c)held in fee simple by the corporation, the council or other public agency, solely or jointly;

and, where the land is leased, being land subject to a lease or leases (the terms of which are all expressed to expire at the same time) which is or are registered, or lodged for registration under the Land Title Act 1994.

(new)

(1A)Land, including the whole of a building may be subdivided into lots or into lots and common property by the registration of a leasehold building units plan.

(new)

(1B)Land comprised in a stratum lot, including part only of a building may be subdivided into lots or into lots and common property by the registration of a leasehold building units plan, but only if the building is erected on a site of land within the corporation area held in fee simple by the corporation, the council or other public agency, solely or jointly.

(new)

(2)A lot may consist of separate parts.

(3)(not applied)

(4)(not applied)

(5)(not applied)

9Registration of leasehold building units plan

(1)A leasehold building units plan shall—

(a)where the leasehold building units plan does not relate to a proposed stratum parcel—delineate the external surface boundaries of the parcel and in relation to those boundaries delineate the location of the building; and

(b)where the leasehold building units plan relates to a proposed stratum parcel—delineate the external surface boundaries of the site of the building, being the building of which the proposed stratum parcel forms part, and, in relation to those boundaries delineate the location of—

(i)the building; and

(ii)the proposed stratum parcel;

and, in relation to the external surface boundaries of the proposed stratum parcel, delineate the location of the part of the building which will be the subject of the proposed leasehold building units plan; and

(c)where the leasehold building units plan comprises contiguous common property or non-contiguous common property, or both—delineate the external surface boundaries of that common property and in relation to those boundaries show the location of that common property in relation to the parcel or, in the case of a proposed stratum parcel, to the site on which is erected the building part of which is comprised in the leasehold building units plan; and

(d)bear a statement containing such particulars as may be necessary to identify the title to such parcel; and

(e)include a drawing illustrating the lots and distinguishing such lots by numbers; and

(f)define the boundaries of each lot—

(i)where the leasehold building units plan does not relate to a proposed stratum parcel—in the building; or

(ii)where the leasehold building units plan relates to a proposed stratum parcel—in part of the building;

by reference to floors, walls, ceilings and, in the case where a boundary may be defined by reference to a permanent structure or permanent structures of the building, each such structure, but in doing so it shall not be necessary to show any bearing or dimensions of a lot; and

(g)show the approximate floor area of each lot; and

(h)have endorsed upon it a schedule complying with the provisions of section 19; and

(i)have endorsed upon it—

(i)where the leasehold building units plan does not relate to a proposed stratum parcel—the name of the building; or

(ii)where the leasehold building units plan relates to a proposed stratum parcel—the name of the proposed stratum parcel; and

(j)have endorsed upon it the address at which documents may be served on the body corporate in accordance with section 127; and

(k)contain such other features as may be prescribed.

(amended)

(1A)A leasehold building units plan must not be registered unless—

(a)where land which is subject to a lease or leases registered under the Land Title Act 1994 which is or are intended to be replaced wholly or partly by leases of each of the lots and the common property (if any) shown on the leasehold building units plan—

(i)the replacement leases relating to the proposed lots and, if the leasehold building units plan provides for common property, the common property, have been lodged in the land registry for registration; and

(ii)those replacement leases are expressed to be wholly or partly in substitution for the lease or leases first referred to in this paragraph; and

(iii)the terms of those replacement leases are all expressed to commence on registration of the leasehold building units plan and to expire at the same time as the lease or leases first referred to in this paragraph and, if those replacement leases confer rights of renewal, the renewal terms are the same; and

(b)where the land is subject to leases registered under the Land Title Act 1994 which are intended to subsist (after the leasehold building units plan is registered) as leases of each of the lots shown on the leasehold building units plan—

(i)the terms of those leases have commenced and are all expressed to expire at the same time and, if those leases confer rights of renewal, the renewal terms are the same; and

(ii)a certificate of a cadastral surveyor within the meaning of the Surveyors Act 2003 has been produced to the registrar of titles, stating that the area to which each of those leases relates (not being an area that is leased solely or principally for use by lessees of the land in common with each other) corresponds to a lot or lots shown on the plan; and

(iii)a meeting of the lessees is held and a resolution is proposed agreeing to the proposed subdivision of the land as shown on the leasehold building units plan; and

(iv)there is produced to the registrar of titles at the time of lodgement of the leasehold building units plan—

(A)where all of the lessees agree to the resolution referred to in subparagraph (iii)—a certificate in the approved form, purporting to be signed by the persons prescribed for the purposes of this subparagraph, stating that the resolution was so passed; or

(B)where a majority but not all of the lessees agree to the resolution referred to in subparagraph (iii)—a copy of an order made under subsection (19) approving the proposed subdivision; and

(v)if the leasehold building units plan provides for common property—there has been lodged in the land registry for registration a lease of the common property; and

(vi)the term of the lease of the common property is expressed to commence on registration of the leasehold building units plan and to expire at the same time as the terms of the leases referred to in subparagraph (i) and, if the leases so referred to confer rights of renewal, the lease of the common property confers a right of renewal for a term that is the same as that conferred by those rights; and

(c)where the leasehold building units plan is lodged in circumstances different from those described in paragraph (a) or (b)—

(i)there have been lodged in the land registry for registration leases from the lessor of each of the lots (which may consist of or include leases to the lessor) and, if the leasehold building units plan provides for common property, a lease of the common property; and

(ii)the terms of the leases referred to in subparagraph (i) are all expressed to commence on registration of the leasehold building units plan (but, in the case of the leases of the lots, may be expressed to commence before registration of the leasehold building units plan) and to expire at the same time and, if the leases confer rights of renewal, the renewal terms are the same.

(1B)If subsection (1A)(c) applies and—

(a)the land is subject to 1 or more leases (the original leases) registered under the Land Title Act 1994 that—

(i)are intended to be replaced wholly or partly by leases of each of the lots and the common property, if any, shown on the leasehold building units plan; and

(ii)are expressed to end on registration of the leasehold building units plan; and

(b)1 or more leases (the replacement leases) are expressed to start on registration of the leasehold building units plan;

the original leases end and the replacement leases start on registration of the leasehold building units plan.

(2)(not applied)

(3)Save with the consent of the Minister responsible for the administration of the Building Units and Group Titles Act a leasehold building units plan shall not be registered if the name of the building or the name of the stratum parcel, as the case may be, endorsed on the plan, in the opinion of the registrar of titles, is undesirable.

(3A)A leasehold building units plan shall not be registered if the name of the building or the name of the stratum parcel, as the case may be, endorsed on the plan is currently endorsed on—

(a)a registered building units plan under the Building Units and Group Titles Act; or

(b)a registered leasehold building units plan;

or is reserved under—

(c)the Building Units and Group Titles Act, section 120; or

(d)section 120 of this Act.

(amended)

(4)A body corporate may, by resolution without dissent and with the consent of the registrar of titles, change the name of the building or the stratum parcel, as the case may be, endorsed upon the leasehold building units plan to a name with which the leasehold building units plan could be registered without contravention of subsection (3) or (3A).

(amended)

(5)In a leasehold building units plan, the common boundary of any lot with another lot or with common property shall be—

(a)except as provided by paragraph (b), the centre of the wall, floor or ceiling, as the case may be; or

(b)as described in the leasehold building units plan in the prescribed manner by reference to a wall, floor or ceiling, as the case may be.

(5A)Despite subsection (5), a balcony, courtyard, roof garden or other area (being part of a building) which is not bounded wholly by walls or a ceiling or walls and a ceiling may be included as part of a lot shown on a leasehold building units plan.

(5AA)However, the balcony, courtyard, roof garden or other area shall be contiguous to a part of the lot the boundary of which part if it, by itself, were a lot would be the centre of walls, floor and ceiling.

(5B)Where, under subsection (5A), a balcony, courtyard, roof garden or other area of a building is included as part of a lot shown on a leasehold building units plan—

(a)that part of the boundary of the lot that is not the centre of a wall and would, but for the operation of subsection (5A), be required to be the centre of a wall shall be the vertical plane from the upper boundary of the lot to the floor along the line described connecting the centres of the permanent vertical structures of the building approved for that purpose by the registrar of titles (which may include part of a wall) on that boundary, with the centres of the walls that form part of the boundary of the lot;

(b)that part of the boundary of the lot that is not the centre of a ceiling and would, but for subsection (5A), be required to be the centre of a ceiling shall be the horizontal plane from the edge of the existing ceiling to the vertical boundary of the lot over which that ceiling does not extend at the level or levels of the walls and, where paragraph (a) applies, the permanent vertical structures to that part, such that, in any case, the plane is no higher than the boundary of the area of the lot that is the centre of a ceiling.

(amended)

(6)(not applied)

(7)Every leasehold building units plan lodged for registration shall be endorsed with or be accompanied by a certificate of the local government sealed with the common seal of the local government that the proposed subdivision of the parcel as illustrated in the leasehold building units plan has been approved by the local government and that all the requirements of the principal Act and, where the corporation is not the local government, the Local Government (Planning and Environment) Act 1990 as modified by this Act and the principal Act have been complied with in regard to the subdivision.

(amended)

(8)Every leasehold building units plan lodged for registration shall be endorsed with or be accompanied by certificates respectively—

(a)where the proposed parcel will not be a stratum parcel—of a cadastral surveyor within the meaning of the Surveyors Act 2003 that the building shown on the leasehold building units plan is within the external surface boundaries of the parcel the subject of the leasehold building units plan and, where a part of the building projects beyond such external boundaries, that an appropriate easement has been granted as an appurtenance of the parcel or, where that projection is over a road, that the local government has consented and, where the corporation is not the local government, such consent is given under the local laws of the local government, as the case may be; and

(ab)of a cadastral surveyor within the meaning of the Surveyors Act 2003 containing the particulars prescribed; and

(b)where the proposed parcel will be a stratum parcel—of a cadastral surveyor within the meaning of the Surveyors Act 2003 that—

(i)part only of a building is included in the proposed stratum parcel; and

(ii)the proposed stratum parcel and that building are wholly within the external surface boundaries of the site of the building and, where eaves or guttering project beyond such external boundaries, that an appropriate easement has been granted as an appurtenance of the parcel or, where that projection is over a road, that the local government has consented and, where the corporation is not the local government, such consent is given pursuant to the local laws of the local government, as the case may be; and

(iii)that each part of the building and so much (if any) of the site as constitute the proposed lots and the common property (if any) shown on the leasehold building units plan are wholly within the proposed stratum parcel and, where eaves or guttering project beyond such external boundaries, that an appropriate easement has been granted as an appurtenance of the parcel or, where that projection is over a road, that the local government, has consented and, where the corporation is not the local government such consent is given under the local laws of the local government, as the case may be; and

(c)of an architect within the meaning of the Architects Act 1962 that the building has been substantially completed in accordance with plans and specifications approved by the building approvals authority or a designated officer of the building approvals authority or, where the building has not been constructed under the supervision of an architect, of a building surveyor (or where there is no building surveyor a building inspector) of the building approvals authority (which certificate a building surveyor or building inspector is hereby authorised to give unless otherwise directed by the building approvals authority) that the building has been substantially completed in accordance with plans and specifications approved by the building approvals authority or a designated officer of the building approvals authority.

Editor’s note—

Now see the Architects Act 2002, section 146.

(amended)

(9)No certificate given by a building surveyor or building inspector in good faith for the purposes of subsection (8)(c) shall subject the building surveyor or building inspector to any liability whatsoever and the proof or any allegation of the absence of good faith on the part of the building surveyor or building inspector shall be upon the person so alleging.

(amended)

(10)In this section—

building inspector and building surveyor include, where there is no building surveyor or building inspector of the building approvals authority, the officer of the building approvals authority whose duties include the performance of duties usually undertaken by a building surveyor or building inspector of the building approvals authority.

(amended)

(11)Before registering a leasehold building units plan, the registrar of titles may require proof to his or her satisfaction by statutory declaration or otherwise of the time of commencement of construction of the building to which the leasehold building units plan relates.

(amended)

(12)(not applied)

(13)Before registering a leasehold building units plan, the registrar of titles may make or cause to be made such inspection of the parcel to which the leasehold building units plan relates as the registrar of titles considers necessary.

(amended)

(14)Upon lodgement for registration of a leasehold building units plan, the registrar of titles shall allot a number to the plan.

(amended)

(15)Registration of a leasehold building units plan shall be effected by notifying under the seal of the registrar of titles on the leasehold building units plan the fact and date of such registration.

(amended)

(16)Every leasehold building units plan, leasehold plan of resubdivision or amalgamation or notice of conversion lodged for registration shall be accompanied by the prescribed fees (including the fee prescribed under section 14).

(amended)

(17)If a proposed leasehold building units plan provides for common property, a reference in subsection (1) to a lease of common property is a reference to a lease of common property from the lessor to the body corporate to be constituted on the registration of the leasehold building units plan, being a lease executed by the lessor as agent for that body corporate.

(new)

(18)Where a meeting of persons who are lessees of the land comprised in a parcel has been held for the purposes of subsection (1A)(b) and a majority (but not all) of those persons supported a resolution for the subdivision of the land as shown on a proposed leasehold building units plan, any 1 or more of the persons who supported the resolution may apply to the Court for an order under subsection (19).

(new)

(19)On hearing an application made under subsection (18), the Court may, if it appears to it to be just and equitable to do so, make—

(a)an order approving the subdivision of the land as shown on the proposed leasehold building units plan; and

(b)an order directing the registrar of titles to register the approved leasehold building units plan; and

(c)such other orders that, in the opinion of the Court, are appropriate in the circumstances.

(new)

(20)Notice of an application made under subsection (18) must be given to any person who is a lessee of a part of the parcel concerned unless that person is the applicant or, as the case may be, one of the applicants.

(new)

9AEffect of registration of leasehold building units plan

(1)On registration of a leasehold building units plan—

(a)where, immediately before registration of the leasehold building units plan, the whole of the parcel was subject to a lease or leases registered under the Land Title Act 1994 which was or were intended to be wholly or partly replaced by leases of each of the lots and the common property (if any) shown on the leasehold building units plan—

(i)the lease or leases first referred to in this paragraph is or are determined in so far as it or they related to lots and common property; and

(ii)any registered mortgages, estates or interests (including any rates, charges or fees referred to in part 4, division 7) and any caveat which affected the lease or leases wholly or partly determined by subparagraph (i) shall affect those replacement leases in so far as they relate to lots; and

(iii)all outstanding rights and obligations of the lessee under a lease wholly or partly determined by subparagraph (i), being rights and obligations existing immediately before the registration of the leasehold building units plan, shall continue to be exercisable, or, as the case may be, shall be discharged by the person who was the lessee under that lease as if that lease had not been wholly or partly determined, except to the extent (if any) that those rights and obligations are inconsistent with the provisions of the replacement leases or extinguished or varied by the relevant parties; and

(b)where, immediately before registration of the leasehold building units plan, the parcel was subject to 2 or more leases registered under the Land Title Act 1994 which were intended to subsist after the leasehold building units plan was registered as leases of each of the lots shown on the leasehold building units plan—

(i)every lease which was, immediately before the registration of the leasehold building units plan, a lease of a part of the parcel that corresponds to a lot shown on the leasehold building units plan shall become a lease of that lot for the residue of the term of the lease, subject to any registered mortgage, estate or interest (including any rates, charges or fees referred to in part 4, division 7) and any caveat affecting the lease immediately before registration of the leasehold building units plan; and

(ii)where any part of the parcel comprised in the leasehold building units plan is shown as common property, any lease affecting that part immediately before the registration of the leasehold building units plan is determined in so far as it relates to the common property; and

(c)if—

(i)the leasehold building units plan was lodged in circumstances mentioned in section 9(1A)(c); and

(ii)the original leases mentioned in that paragraph were subject to 1 or more mortgages that were expressed to survive the registration of the leasehold building units plan;

the mortgage or mortgages continue to have effect over the replacement leases mentioned in that paragraph in so far as they relate to lots after the registration.

(new)

(2)As soon as practicable after the registration of a leasehold building units plan, the registrar of titles shall—

(a)record in the register the leasehold estates of the lessees in lots; and

(b)record on the leasehold building units plan, the leasehold estate of the body corporate in the common property (if any); and

(c)in the case of replacement leases referred to in subsection (1)(a)—record in the register for the leases of those lots, in such a manner as will preserve their priority of registration, any mortgages, estates or interests or caveats affecting those leases by virtue of subsection (1)(a)(ii).

(new)

(3)On registration of a leasehold building units plan, the leasehold building units plan is for the purposes of the Land Title Act 1994 to be taken upon registration to form part of the register.

(new)

(4)For the purposes of this section, a leasehold building units plan lodged for registration under this Act which is required to be accompanied by a lease to be registered under the Land Title Act 1994 shall be treated as having been registered only when the lease has been registered under that Act.

(new)

(5)A lessee of a leasehold estate in a lot holds the leasehold estate subject to any estates or interests for the time being notified on the leasehold building units plan and subject to any amendments to lots or common property shown on that leasehold building units plan.

(new)

(6)Upon registration of a leasehold building units plan, the registrar of titles is authorised to issue a separate certificate of title for the leasehold estate for each lot setting out the information contained in the register.

(new)

(6A)A certificate of title issued under subsection (6) is to be treated by the registrar of titles in the same manner as a certificate of title under the Land Title Act 1994.

(new)

(7)In issuing a new certificate of title for a leasehold estate in a lot, the registrar of titles is to certify in the certificate of title that the lessee of the lot holds the share in the common property appurtenant to the lot in accordance with the lot entitlement of the lot as set out in the leasehold building units plan.

(new)

10Resubdivision

(1)Lots or common property or lots and common property may be resubdivided, with the approval of the local government, by the registration of a leasehold plan of resubdivision relating to the lots or common property or lots and common property so resubdivided in the manner provided by this Act for the registration of leasehold building units plans.

(amended)

(1A)However, where a resubdivision affects common property or creates additional common property, the approval of the body corporate by resolution without dissent is required.

(amended)

(2)The provisions of this Act relating to leasehold building units plans, and, where the corporation is not the local government, to appeals from any decision of a local government or failure of a local government to make a decision, shall with such modifications as may be necessary apply to resubdivision.

(amended)

(2A)A leasehold plan of resubdivision shall not be registered under this section unless—

(a)there have been lodged in the land registry for registration the replacement leases relating to the proposed lots comprised in the leasehold plan of resubdivision; and

(b)those replacement leases contain provisions to the effect that they are in substitution for the leases determined or otherwise affected by the resubdivision; and

(c)the terms of those replacement leases are all expressed to commence on registration of the leasehold plan of resubdivision and to expire at the same time as any lease to be determined and, where the replacement leases confer rights of renewal, the renewal terms are the same as those contained in the leases of all other lots comprised in the original leasehold building units plan.

(new)

(3)Despite the provisions of section 27, lessees of lots in a leasehold plan of resubdivision shall not be a body corporate, but shall, upon the date of registration of such leasehold plan of resubdivision, be members of the body corporate constituted in respect of the original leasehold building units plan.

(amended)

(4)On registration of a leasehold plan of resubdivision, lots comprised in the plan shall be subject to the burden and have the benefit of any easements, service rights and service obligations affecting such lots in the original leasehold building units plan as are included in the leasehold plan of resubdivision.

(amended)

(5)Where the resubdivision is of 1 or more lots so as to create only 2 or more different lots, the schedule endorsed on the leasehold plan of resubdivision as required by section 19 shall apportion among the lots, the lot entitlement of such lot or lots in the original leasehold building units plan as are included in the leasehold plan of resubdivision and the registrar when registering that leasehold plan of resubdivision shall amend the schedule to the original leasehold building units plan to show the lot entitlement of each lot and each proposed lot and the aggregate lot entitlement as whole numbers.

(amended)

(6)Where the resubdivision affects common property or creates additional common property, the schedule endorsed on the leasehold plan of resubdivision as required by section 19 shall—

(a)show as a whole number, in respect of—

(i)each lot comprised in the parcel other than any lot or lots the subject of the proposed resubdivision; and

(ii)each proposed lot, the proposed lot entitlement of that lot or proposed lot and show the proposed aggregate lot entitlement; and

(b)be accompanied by a certificate under the seal of the body corporate concerned certifying that it has by resolution without dissent agreed to each proposed lot entitlement and the proposed aggregate lot entitlement shown in that schedule.

(amended)

(7)A resubdivision that creates additional common property shall not be registered unless every mortgage, current sublease, caveat or other estate or interest recorded in the register in respect of the leases of each lot from which the additional common property or part of that property is derived has been discharged, surrendered, withdrawn or otherwise disposed of in so far as it affects that additional common property or part of that property.

(amended)

(8)When registering a leasehold plan of resubdivision, the registrar of titles shall amend the original leasehold building units plan in the manner prescribed.

(amended)

(9)Upon registration of a leasehold plan of resubdivision, land in the plan shall not be dealt with by reference to lots in the original leasehold building units plan.

(amended)

10AConsequences of registration of leasehold plan of resubdivision

(1)On the registration of a leasehold plan of resubdivision referred to in section 10—

(a)the lease of any lot that is the subject of the resubdivision is determined, and the lease of any common property that is the subject of the resubdivision ceases to apply, to any lot created by the resubdivision; and

(b)any registered mortgage, estate or interest (including any rates, charges or fees referred to in part 4, division 7), and any caveat affecting a lease determined by paragraph (a), shall affect the replacement leases in so far as they relate to lots; and

(c)the leasehold estate in any common property created vests in the body corporate as lessee for the residue of the term specified in the lease of the common property; and

(d)all outstanding rights and obligations of the lessee under a lease determined by paragraph (a), being rights and obligations existing immediately before registration of the leasehold plan of resubdivision, shall continue to be exercisable or, as the case may be, shall be discharged by the person who was lessee under that lease as if that lease had not been determined, except to the extent (if any) that those rights and obligations are inconsistent with the provisions of the replacement leases or extinguished or varied by the relevant parties.

(new)

(2)Upon the recording of a leasehold plan of resubdivision referred to in section 10, the registrar of titles shall—

(a)make such recordings in the register as the registrar of titles considers appropriate to give effect to the resubdivision; and

(b)in relation to any replacement leases relating to lots, record in the register any registered mortgages, estates, interests or caveats affecting those leases by virtue of subsection (1)(b); and

(c)be authorised to issue a separate certificate of title for the leasehold estate for each lot setting out the information contained in the register.

(new)

(3)For the purposes of this section, a leasehold plan of resubdivision lodged for registration under this Act which is required to be accompanied by a lease to be registered under the Land Title Act 1994 shall be treated as having been registered only when the lease has been registered under that Act.

(new)

11Amalgamation of lots

(1)Two or more lots may be amalgamated into 1 lot with the approval of the local government by the registration of a leasehold plan of amalgamation.

(amended)

(2)The lot entitlement of a lot created by the amalgamation of 2 or more lots shall be the sum of the lot entitlements of those lots.

(3)When registering a leasehold plan of amalgamation, the registrar of titles shall amend the original leasehold building units plan and the schedule of lot entitlements endorsed on the original plan in the manner prescribed.

(amended)

12Conversion of lots into common property

(1)One or more lots may be converted into common property with the approval of the local government by registering with the registrar of titles, as a notice of conversion, a notice executed by the lessor and the lessee of that lot, or that lessor and the lessees of those lots, and approved by the body corporate by unanimous resolution.

(amended)

(2)The provisions of this Act relating to leasehold building units plans, and, where the corporation is not the local government, to appeals from any decision of a local government or failure of a local government to make a decision, shall with such modifications as may be necessary apply to conversions of lots into common property.

(amended)

(3)A notice of conversion shall not be registered unless every mortgage, current sublease, caveat or other estate or interest recorded in the register in respect of the lease of each lot or lots to which the notice relates has been discharged, surrendered, withdrawn or otherwise disposed of, as the case may be.

(amended)

(4)When registering a notice of conversion the registrar of titles shall—

(a)amend the original leasehold building units plan in the manner prescribed; and

(b)amend the schedule of lot entitlements endorsed upon the original leasehold building units plan in accordance with the schedule complying with the provisions of section 19 lodged with the notice; and

(c)record in the register the determination of the lease of the converted lot; and

(d)make such other recordings in the register as the registrar of titles considers appropriate to give effect to the notice of conversion.

(amended)