Queensland: Building Units and Group Titles Act 1980 (Qld)

Building Units and Group Titles Act 1980 An Act to provide for the horizontal subdivision and vertical subdivision of land into lots and the disposition of titles thereto; and for purposes incidental thereto and connected therewith Part 1 Preliminary 1 Short title This Act may be cited as the Building Units and Group Titles Act 1980. 2 [Repealed] 3 [Repealed] 4 [Repealed] 5 Savings and transitional (1) In this section— appointed day means the date fixed by proclamation under section 2. continued body corporate means a body corporate continued by the operation of subsection (3). former Acts mean the Building Units Titles Act 1965 and the Group Titles Act 1973. former building units plan means a building units plan registered under the Building Units Titles Act 1965, and includes a building units plan of resubdivision registered under that Act. former by-law means a by-law within the meaning of the former Acts that was in force immediately before the appointed day. former common property means so much of a former parcel as, immediately before the appointed day, was not comprised in any former lot. former group titles plan means a group titles plan registered under the Group Titles Act 1973, and includes a group titles plan of resubdivision registered under that Act. former lot means a lot or unit under the former Acts as it existed immediately before the appointed day. former parcel means land which, immediately before the appointed day, comprised the former lots and the former common property the subject of a former plan. former plan means a former building units plan or a former group titles plan. former proprietor means a person who, immediately before the appointed day, was a proprietor of a former lot. (1A) For the purposes of the application of any provision of this Act to or in respect of a plan to which the provisions of this Act apply by reason of subsection (5), a reference to an original proprietor is a reference to the person who held the former parcel in fee simple at the time of registration of the former plan in respect thereof. (1B) The express application with or without modification of any provision of this Act by any provision of this section to or in respect of any act, matter or thing referred to in this section shall not, except in so far as a contrary intention appears, be construed as preventing or limiting the application of any other provision of this Act to that or any other act, matter or thing. (2) Registration of plans Notwithstanding section 9 or 10 a building units plan, group titles plan, building units plan of resubdivision or group titles plan of resubdivision within the meaning of the former Acts which is first lodged for registration after the appointed day may be registered as a building units plan, group titles plan, building units plan of resubdivision or group titles plan of resubdivision, as the case may be, but shall not be so registered unless— (a) the requirements of the former Acts have been or are complied with in so far as those requirements relate to the registration of a building units plan, group titles plan, building units plan of resubdivision or group titles plan of resubdivision, as the case may be; and (b) in the case of a building units plan—the certificate referred to in the Building Units Titles Act 1965, section 4(6)(b) states that the approval given by the local authority to the erection of that building was given not earlier than 2 years before the appointed day; and (c) in the case of a group titles plan—the certificate referred to in the Group Titles Act 1973, section 4(5) states that the decision of the local authority to approve in principle the application for that certificate was given not earlier than 2 years before the appointed day. (2A) Without limiting the generality of subsection (2)(a), for the purpose of enabling a person to comply, as referred to in that subsection, with the requirements of the former Acts— (a) the provisions of the Building Units Titles Act 1965, section 20 (other than subsection (4)(a), (c), (d), (e), (f) and (g)) apply to and in respect of an application for a certificate referred to in section 4(6)(b) of that Act relating to the proposed subdivision illustrated by a building units plan or building units plan of resubdivision referred to in subsection (2); and (b) the provisions of the Group Titles Act 1973, section 18 (other than subsection (5)(a), (c), (d), (e), (f) and (g)) apply to and in respect of an application for a certificate referred to in section 4(5) of that Act, relating to the proposed subdivision illustrated by a group titles plan or group titles plan of resubdivision referred to in subsection (2); as if the former Acts had not been repealed. (2B) Where a plan is registered under subsection (2), the land comprised in the plan shall be deemed to have been subdivided under this Act into lots and common property in the same manner as that land would have been subdivided if that plan had been registered under the former Acts and any such lots or common property shall, for the purposes of this Act, be deemed to be lots or common property. (2C) For the purposes of the registration of a plan under subsection (2), the reference in section 10(5) to a building units plan of resubdivision or a group titles plan of resubdivision shall be construed as a reference to a building units plan of resubdivision within the meaning of the Building Units Titles Act 1965, section 20(4) or, as the case may be, a group titles plan of resubdivision within the meaning of the Group Titles Act 1973, section 18(5). (2D) Where, under any provision of this Act, any act, matter or thing depends on or results from (either directly or indirectly) the registration of a plan, that provision operates in relation to the registration of a plan under subsection (2) in the same way as it operates in relation to the registration of a plan. (2E) Subject to subsections (2) to (2D) and (2F) to (2H), a reference in this Act to a building units plan, group titles plan, building units plan of resubdivision or group titles plan of resubdivision includes a reference to a plan registered under subsection (2) as a building units plan, group titles plan, building units plan of resubdivision or group titles plan of resubdivision, as the case may be. (2F) The address endorsed, as referred to in the Building Units Titles Act 1965, section 4(1)(h) or the Group Titles Act 1973, section 4(1)(h), upon a plan registered under subsection (2) shall, for the purposes of this Act, be deemed to be the address for the service of notices on the body corporate concerned until that address is altered in accordance with this Act. (2G) The schedule endorsed, as referred to in the Building Units Titles Act 1965, section 18 or the Group Titles Act 1973, section 15, upon a plan (not being a building units plan of resubdivision within the meaning of the Building Units Titles Act 1965, section 20(4) or a group titles plan of resubdivision within the meaning of the Group Titles Act 1973, section 18(5)) registered under subsection (2) shall, for the purposes of this Act, be deemed to be the schedule referred to in section 9(1)(f) or 9(2)(f), as the case may be. (2H) A reference to a lot or unit shown in a plan capable of being registered under subsection (2) made in any instrument executed before the registration of that plan under subsection (2) (being an instrument relating to the sale or other disposition of an estate or interest in the lot or unit so shown) shall, on and after the registration of that plan, be construed as a reference to the lot which corresponds to the lot or unit so shown. (3) Continuation of bodies corporate A body corporate, constituted under the former Acts in relation to a former plan— (a) shall continue notwithstanding the repeal of the former Acts; and (b) shall, on the appointed day, be deemed to be the body corporate constituted under section 27(1) in respect of that plan; and (c) notwithstanding section 27(1), shall have as its corporate name its corporate name under the former Acts. (4) Continuation of estates or interests in former lots and former common property and rights in former common property A person who, immediately before the appointed day— (a) had an estate or interest in a former lot, has on that day the same estate or interest in the lot which corresponds to that former lot; or (b) had an estate or interest (not being a right or special privilege referred to in subsection (11)) in former common property, has on that day the same estate or interest in the common property which corresponds to that former common property. (5) Application of Act to former plans, former parcels, former lots and former common property Subject to this section, the provisions of this Act shall, on and from the appointed day, apply to and in respect of— (a) a former building units titles plan as if it were a building units titles plan; and (b) a former group titles plan as if it were a group titles plan; and (c) a former parcel as if it were a parcel; and (d) a former lot as if it were a lot; and (e) former common property as if it were common property; and (f) the unit entitlements or, as the case may be, lot entitlements endorsed on a former plan as if they were lot entitlements endorsed on a registered plan. (6) Registration of transfers or leases of common property registrable under former Acts Where a transfer or lease of any common property under the former Acts— (a) would under the Building Units Titles Act 1965, section 10 or the Group Titles Act 1973, section 9 have been registrable had this Act not been enacted but had not, before the appointed day, been lodged for registration under those Acts; and (b) was executed pursuant to an agreement entered into by the body corporate before the appointed day; that transfer or lease, upon its lodgement in the land registry, shall be dealt with under section 22(11) as if it were a transfer or lease referred to in section 22(1). (7) General meetings of certain continued bodies corporate Where, in relation to a continued body corporate the original proprietor is not, on the appointed day, the proprietor of any lots the subject of the plan and— (a) a general meeting of that body corporate has not been held before the appointed day, a general meeting of that body corporate shall be held within 3 months after the appointed day, and that general meeting shall, for the purposes of this Act (other than section 29(4)) be the first annual general meeting of the body corporate; or (b) a general meeting of that body corporate has been held before the appointed day, the last general meeting of that body corporate held before that day shall, for the purposes of section 29A be deemed to have been the first annual general meeting. (7A) Where, in relation to a continued body corporate, the original proprietor was, on the appointed day, the proprietor of a lot the subject of the plan, then— (a) if a general meeting of that body corporate has not been held before the commencement of the Building Units and Group Titles Act Amendment Act 1988, section 5—a general meeting of that body corporate shall be held within 3 months after that commencement and that general meeting shall, for the purposes of this Act (other than section 29(4)) be the first annual general meeting of the body corporate; or (b) the last annual general meeting of that body corporate held before the commencement of the Building Units and Group Titles Act Amendment Act 1988, section 5 or, if no such meeting has been held, the last general meeting held before that commencement shall, for the purposes only of section 29A, be deemed to have been a valid meeting and the first annual general meeting of the body corporate. (7B) If a meeting of the body corporate is not held in accordance with subsection (7)(a) or (7A)(a), the referee may, pursuant to an application by a proprietor or first mortgagee of a lot appoint, by order, a person to convene a general meeting within such time as may be specified in the order and the meeting convened by that person shall for the purposes of this Act (other than section 29(4)) be the first annual general meeting of the body corporate. (7C) An order made under subsection (7B) may include such ancillary or consequential provisions as the referee thinks fit. (7D) The agenda for a meeting convened under subsection (7)(a), (7A)(a) or (7B) shall be the agenda specified in section 29(2). (7E) The original proprietor shall not fail or neglect to deliver to the body corporate (being a body corporate a general meeting of which is required to be held under subsection (7)(a) or (7A)(a)), within 14 days after notice in writing is given to the original proprietor by the body corporate or if the documents referred to in paragraphs (a) and (b) are not then in the original proprietor's possession within 14 days after they come into the original proprietor's possession or under the original proprietor's control— (a) all plans, specifications, drawings showing water pipes, electric cables, drainage, ventilation ducts or air-conditioning systems, certificates (other than certificates of title for lots), diagrams (including lift wiring diagrams) and other documents (including policies of insurance) obtained or received by the original proprietor and relating to the parcel or building; and (b) any book of account, notice or other record relating to the plan; and (c) the budget showing the estimated expenditure of the body corporate in relation to the parcel on an annual basis; other than documents which exclusively evidence rights or obligations of the original proprietor and which are not capable of being used for the benefit of the body corporate or any of the proprietors, other than the original proprietor. Maximum penalty—131/3 penalty units. (7F) Notwithstanding subsection (7)(b) or (7A)(b), upon a resolution, carried by the body corporate in general meeting held within 6 months after the commencement of the Building Units and Group Titles Act Amendment Act 1988, section 5, to that effect, a reference in section 29A to the first annual general meeting shall, from the date of the resolution or from such earlier date as may be specified in the resolution, be read and construed as a reference to the date on which the last annual general meeting of the body corporate held before the appointed day was held. (8) Meetings of former bodies corporate held within 2 months after appointed day Notwithstanding schedule 2, for the purposes of any general meeting of a continued body corporate, being a general meeting held before the expiration of 2 months after the appointed day— (a) the procedure for the convening and holding of meetings of such a body corporate and the rights of persons to vote at and to requisition meetings of such a body corporate shall be the same as they were under the former Acts; and (b) where a notice is given to the body corporate under section 53(3), (5) or (6)—the mortgagee specified in the notice shall have the same voting rights as the mortgagee would have had if the meeting had been held in accordance with the former Acts and if the notice were a notice given under the Building Units Titles Act 1965, section 26(2) or the Group Titles Act 1973, section 24(2). (9) Notices served by public or local authority before the appointed day The reference in section 33 to a notice served on the proprietor of a lot by a public authority or local government includes a reference to a notice served, before the appointed day, by a public or local authority on the proprietor of a former lot. (10) Effect of former by-laws Subject to subsection (11), the former by-laws relating to a former plan, together with such of the by-laws set out in schedule 3 as are not inconsistent with the former by-laws, shall be the by-laws relating to the corresponding plan to which the provisions of this Act apply by reason of subsection (5) save to the extent of any inconsistency of the former by-laws with any provision of this Act other than schedule 3. (10A) It is hereby declared that, notwithstanding any addition to or amendment or repeal of any of the by-laws set forth in the Building Units Titles Act 1965, schedule 2 or, as the case may be, in the Group Titles Act 1973, schedule 2 before the appointed day, those by-laws were part of the former by-laws relating to a former plan. (10B) However, if, at any time before the expiration of 6 months after the commencement of the Building Units and Group Titles Act Amendment Act 1988, section 5, the body corporate lodges with the registrar of titles a notification in the prescribed form of any such addition, amendment or repeal (having been made before that commencement by a by-law or former by-law that was valid at the time it was made) upon the registrar of titles recording the notification on the corresponding plan, those by-laws as added to, amended or repealed as particularised in the notification shall be deemed to be part of the former by-laws relating to the former plan. (10C) In relation to that plan those by-laws shall be deemed to be the by-laws set forth in schedule 3 and the provisions of this Act shall apply thereto. (11) Maintenance of exclusive use etc. of, and special privileges in respect of, common property Where immediately before the appointed day a proprietor of a former lot was entitled, whether pursuant to a resolution of the body corporate under the former Acts or pursuant to a former by-law, to a right of exclusive use and enjoyment of, or special privileges in respect of, any of the former common property, the proprietor for the time being of the lot shall continue to be entitled to that right or those special privileges and the resolution or former by-law, as the case may be, shall be deemed to be a by-law made pursuant to section 30(7). (12) Recovery of contributions levied under former Acts Any contribution levied under the former Acts by a body corporate and unpaid at the appointed day may be recovered by the continued body corporate as if it were a contribution levied under this Act. (12A) Any determination made under the former Acts by a body corporate specifying amounts to be raised by regular periodic contributions shall be deemed to be a determination made under the provisions of section 38(1)(j) of a kind referred to in the provisions of section 38(4) until the repeal of each of those provisions by the Building Units and Group Titles Act Amendment Act 1988, and, on and from the commencement of section 5 of that Act, under section 38A(1) of a kind referred to in section 38A(5). (14) Inspection of former records etc. A continued body corporate shall cause to be retained, until the expiration of the prescribed period, any records, minutes of meetings, notices and books of account kept or received by it before the appointed day and in its custody or under its control on that day and upon application under section 40(1) made in respect of a lot the subject of the plan concerned shall make those records, minutes, notices and books available for inspection by the applicant or the applicant's agent at a time and place ascertained in accordance with section 40(1)(b). (14A) Section 40(2) applies to the making of an inspection referred to in subsection (14) in the same way as it applies to the making of an inspection referred to in section 40(1)(b). (15) Administrative and sinking funds of continued bodies corporate Where a determination made under the Building Units Titles Act 1965, section 15(2)(b) or the Group Titles Act 1973, section 13(2)(b) by a continued body corporate was in force immediately before the appointed day, that determination shall be deemed to be the determination required to be made by that body corporate under the provisions of section 38(1)(j) until the repeal of those provisions by the Building Units and Group Titles Act Amendment Act 1988 and, on and from the commencement of section 5 of that Act, under section 38A(1). (15A) Where a fund was, immediately before the appointed day, kept under the Building Units Titles Act 1965, section 15(2)(a) or the Group Titles Act 1973, section 13(2)(a) by a continued body corporate that fund shall, on the appointed day, be deemed to be the fund required to be established by that body corporate under the provisions of section 38(1)(l) until the repeal of those provisions by the Building Units and Group Titles Act Amendment Act 1988 and, on and from the commencement of section 5 of that Act, under section 38(1). (15B) In relation to a continued body corporate to which the provisions of the Building Units and Group Titles Act 1980, section 5(15)(c) (which provisions have been repealed by the Building Units and Group Titles Act Amendment Act 1988) applied, in section 38A(1) the words 'Within 14 days after the registration of the plan and from time to time thereafter' shall be read and construed as 'From time to time'. (15C) In relation to a continued body corporate which had, before the appointed day, made a determination under the Building Units Titles Act 1965, section 15(2)(b) or the Group Titles Act 1973, section 13(2)(b) but had not before that day established a fund under the Building Units Titles Act 1965, section 15(2)(a) or the Group Titles Act 1973, section 13(2)(a), in the Building Units and Group Titles Act 1980, section 38(1)(l) which has been repealed by the Building Units and Group Titles Act Amendment Act 1988 the words 'upon first determining the amounts referred to in paragraph (j)' shall be read as 'upon receiving any amounts raised pursuant to a determination referred to in section 5(15)(a)'. (15D) A continued body corporate which, before the commencement of the Building Units and Group Titles Act Amendment Act 1988, section 5 has not— (a) made a determination specified in the Building Units and Group Titles Act 1980, section 38(1)(k) which section has been repealed by the Building Units and Group Titles Act Amendment Act 1988; or (b) established a sinking fund specified in the Building Units and Group Titles Act 1980, section 38(1)(m) which section has been repealed by the Building Units and Group Titles Act Amendment Act 1988; shall within 12 months of that commencement— (c) in a case referred to in paragraph (a)—make a determination specified in section 38A(2); and (d) in all cases—establish a sinking fund specified in section 38(4) and (5). (15E) Until a continued body corporate establishes its sinking fund— (a) it may disburse the moneys in its administrative fund for the purpose of meeting its liabilities referred to in the Building Units and Group Titles Act 1980, section 38(1)(j) or (k) which section has been repealed by the Building Units and Group Titles Act Amendment Act 1988 or section 38A; and (b) the Building Units and Group Titles Act 1980, section 38(3) which section has been repealed by the Building Units and Group Titles Act Amendment Act 1988 and section 38(3) do not apply to that body corporate. (15F) Upon the establishment of its sinking fund a continued body corporate shall— (a) determine what part of its administrative fund should be allocated for the purpose of meeting its actual or expected liabilities referred to in section 38A(2); and (b) notwithstanding section 38(3), transfer the amount so determined to its sinking fund. (16) Notices to continued body corporate in respect of roll A notice given under the Building Units Titles Act 1965, section 26(2) or the Group Titles Act 1973, section 24(2) before the appointed day by a mortgagee to a body corporate shall, for the purpose of the making by the body corporate of a recording under section 39(3)(c) of the name of the mortgagee of the lot specified in the notice, be deemed to be a notice given to that body corporate under section 53(3) and for the purpose of completing the recording in the roll required by section 39(3)(c)— (a) the address (if any) specified in the notice as the address of the mortgagee shall be deemed to be the address for the service of notices on the mortgagee shown in a notice given to the body corporate under section 53(3); and (b) where more than 1 notice is given to a body corporate before the appointed day—the body corporate shall record as the first mortgagee of the lot, the mortgagee first entitled in priority under the former Acts. (16A) Any notice given before the appointed day by a mortgagor of a former lot to a body corporate, being a notice of the discharge of a mortgage notice of which had been given to the body corporate under the Building Units Titles Act 1965, section 26(2) or the Group Titles Act 1973, section 24(2) shall, for the purpose of the making under section 39(3)(e) by the body corporate of a recording of the discharge of that mortgage, be deemed to be a notice given to that body corporate under section 53(4). (17) Modification of section 40 (1)(c) in relation to continued bodies corporate For the purposes of section 40(1)(c), any contribution levied under the former Acts by a body corporate and unpaid before the appointed day shall— (a) if levied pursuant to a determination specifying amounts to be raised by regular periodic contributions, be deemed to be a contribution determined under section 38A(1); or (b) except as provided in paragraph (a), be deemed to be a contribution determined under section 38A(2). (18) Councils to be committees Each council of a body corporate within the meaning of the Building Units and Group Titles Act 1980 and in existence immediately before the commencement of the Building Units and Group Titles Act Amendment Act 1988, section 5 shall on and from that commencement be a committee of that body corporate and all references to such a council in any Act (other than this Act) or other document or writing by whatever means expressed shall be taken to be a reference to the relevant committee. (19) Operation of section 53 in relation to former plan Section 53 extends to authorising the giving by any person to a continued body corporate of a notice after the occurrence of any event specified in that section notwithstanding that that event occurred before the appointed day. (20) Modification of part 4 , division 6 Section 55 does not apply to or in respect of a continued body corporate which has in force on the appointed day a policy of insurance expiring not later than 1 year after the appointed day and effected by it in accordance with the Building Units Titles Act 1965, section 15(1)(a) or the Group Titles Act 1973, section 13(1)(a) until the expiry of that policy. (20A) Section 56(1)(a) does not apply to or in respect of a continued body corporate which has in force on the appointed day a policy of insurance expiring not later than 1 year after the appointed day and effected by it in accordance with the Building Units Titles Act 1965, section 15(1)(b) or the Group Titles Act 1973, section 13(1)(b) until the expiry of that policy. (20B) Sections 57(2) and 60 apply to and in respect of a policy of insurance entered into in accordance with the former Acts before the appointed day between a continued body corporate and an insurer in the same way as those sections apply to and in respect of a contract of insurance entered into between a body corporate and an insurer pursuant to part 4, division 6. (20C) Notwithstanding the repeal of the Building Units Titles Act 1965, section 17 of that Act continues to apply to and in respect of a policy of insurance referred to in that section entered into before the appointed day until the expiry of that policy as if this Act had not been enacted. (21) Effect of section 62 in relation to former parcels A valuation of a former parcel made by the valuer-general in accordance with the Building Units Titles Act 1965, section 21(2)(a) or the Group Titles Act 1973, section 19(2)(a) and in force immediately before the appointed day shall, for the purposes of this Act, be deemed to be a valuation made in accordance with section 62(1) by the chief executive (valuations). (21A) In relation to a parcel to which the provisions of this Act apply by reason of subsection (5) a valuation of which had not, at the appointed day, been made in accordance with the Building Units Titles Act 1965, section 21(2)(a) or the Group Titles Act 1973, section 19(2)(a) in section 62(2) the words 'the registration of a plan' shall be read as 'the appointed day'. (22) Evidence of lot entitlement on former plans Save where particulars of the lot entitlements of lots are endorsed upon a copy of a registered plan (or amendment thereof) furnished by the registrar of titles under section 14, the particulars of the lot entitlements of any former lots shown on a certified copy of the building units plan referred to in the Building Units Titles Act 1965, section 21(3) or a group titles plan referred to in the Group Titles Act 1973, section 19(3) or on any amendment thereof and furnished to any authority referred to in the Building Units Titles Act 1965, section 21(3) or the Group Titles Act 1973, section 19(3) shall for the purposes of section 63 be deemed to be particulars endorsed on a plan furnished to that authority under section 14 of the lot entitlements of the lots. (23) Destruction of or damage to building or extinguishment under former Acts Any proceedings under the Building Units Titles Act 1965, section 19(1) or the Group Titles Act 1973, section 16(1) which were pending before the Court immediately before the appointed day may be continued and completed as if they were proceedings under section 25. (23A) A declaration made under the Building Units Titles Act 1965, section 19(1)(b) or the Group Titles Act 1973, section 16(1)(b)(ii) before the appointed day shall, notwithstanding the repeal of the former Acts, continue to operate and shall have the same force and effect as if this Act had not been enacted. (23B) Any proceedings for an order referred to in the Building Units Titles Act 1965, section 19(3) which were pending before the Court immediately before the appointed day may be continued and completed as if they were proceedings under section 25(7). (23C) An order made under the Building Units Titles Act 1965, section 19(3) before the appointed day shall, notwithstanding the repeal of the former Acts, continue to operate and shall, subject to subsection (23D), have the same force and effect as if this Act had not been enacted. (23D) An order referred to in the Building Units Titles Act 1965, section 19(3) may be varied in the same way as if it were an order made under section 25. (23E) Notwithstanding the repeal of the former Acts— (a) the Building Units Titles Act 1965, section 11 and the regulations made under that section continue to apply to and in respect of a building which before the appointed day was destroyed within the meaning of that Act and the parcel on which that building was situated; (b) the Group Titles Act 1973, section 17 and the regulations made under that section continue to apply to and in respect of a plan which before the appointed day was extinguished within the meaning of that Act. (24) Administrators under former Acts A person who, immediately before the appointed day, held office as an administrator under the Building Units Titles Act 1965, section 23 or the Group Titles Act 1973, section 21 shall, notwithstanding the repeal of the former Acts, continue to have the powers and duties the person had, as the holder of that office, immediately before the appointed day. (24A) The provisions of the Building Units Titles Act 1965, section 23 or the Group Titles Act 1973, section 21 continue to apply to and in respect of a person holding office as referred to in subsection (24) notwithstanding the repeal of the former Acts. (24B) Where immediately before the appointed day an application under the Building Units Titles Act 1965, section 23(1) or the Group Titles Act 1973, section 21(1) was pending, the Court shall remit the application to such referee as it thinks fit on such terms and conditions (including terms and conditions relating to the payment of the costs of the application up to the date of the remittal) as it thinks fit and an application so remitted shall be deemed to be an application capable of being made under section 94. (25) Recovery of rates paid by body corporate A continued body corporate may recover any amount referred to in the Building Units Titles Act 1965, section 16(1) or the Group Titles Act 1973, section 14(1) paid by it, whether before or after the appointed day, as if the Building Units Titles Act 1965, section 16(3) or the Group Titles Act 1973, section 14(3) had not been repealed by this Act. (26) Regulations The Governor in Council may, for the purposes of bringing lots, units, common areas, common property, bodies corporate and councils, within the meaning of the former Acts, under the provisions of this Act and applying the provisions of this Act, with or without modifications, additions or exclusions to or in respect of any such lots, units, common areas, common property, bodies corporate or committees, and for any purposes incidental thereto, make regulations containing such transitional, consequential or savings provisions as the Governor in Council considers necessary or expedient. (27) A regulation made under subsection (26) may make provisions which differ in their application according to such factors as may be specified in the regulation. 5A Limited operation of Act on commencement of ch 8, pt 1 of BCCM Act (1) On and from the commencement of chapter 8, part 1 of the BCCM Act, this Act applies only for— (a) the operation of a specified Act; and (b) the registration of a future 1980 Act plan under the transitional provisions of the BCCM Act; and (c) any other matter under the transitional provisions of the BCCM Act required to be effected under this Act. (2) For anything not mentioned in subsection (1)(a), (b) or (c), the Acts Interpretation Act 1954, sections 19, 20 and 20A apply to this Act as if this Act had been repealed by the BCCM Act. (3) In this section— BCCM Act means the Body Corporate and Community Management Act 1997. specified Act means— (a) the Integrated Resort Development Act 1987; or (b) the Mixed Use Development Act 1993; or (c) the Registration of Plans (H.S.P. (Nominees) Pty. Limited) Enabling Act 1980; or (d) the Registration of Plans (Stage 2) (H.S.P. (Nominees) Pty. Limited) Enabling Act 1984; or (e) the Sanctuary Cove Resort Act 1985. transitional provisions, of the BCCM Act, means the provisions of the BCCM Act, chapter 8, part 1. 6 Construction of Act (1) This Act shall be read and construed with and as an amendment of the Land Title Act 1994. (2) However, that Act shall be read and construed subject to this Act and to the extent that this Act is inconsistent with that Act, this Act shall prevail. 7 Interpretation (1) In this Act and in all instruments purporting to be made or executed thereunder unless the contrary intention appears— administrative fund means the fund established by a body corporate under section 38(1), and includes a fund established under the Building Units and Group Titles Act 1980, section 38(1)(l) prior to the repeal of that section by the Building Units and Group Titles Act Amendment Act 1988. aggregate lot entitlement means the sum of the lot entitlements of all lots on a plan. approved form means a form approved under section 133B. associate, of a person, for part 4, see section 26A. associated body corporate, for a body corporate, for part 4, division 2, see section 41A. body corporate means a body corporate incorporated by section 27. body corporate manager— (a) generally, means a person appointed under section 50 or 94 as a body corporate manager of a body corporate; and (b) for a body corporate incorporated under a specified Act, for part 4, division 2—see section 41A. building, in relation to a building units plan, means the building or buildings shown on the plan each of which contains 2 or more lots or parts of lots and, where more than 1 building is shown on the plan, means any 1 or more of those buildings. building units plan means a plan which— (a) is described in the title or heading thereto as a building units plan; and (b) shows the building comprised therein as being divided into lots; and (c) shows the common property comprised therein; and (d) complies with the requirements of section 9; and includes a plan of resubdivision of a lot or common property or a lot and common property in a building units plan registered under this Act. cadastral surveyor, for part 4, division 3, see section 48D. and includes a plan of resubdivision of a lot or common property or a lot and common property in a group titles plan registered under this Act. For the purpose of determining the number of proprietors pursuant to paragraph (a), each lot has 1 proprietor. 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. company nominee, in relation to a corporation, means the individual (if any) for the time being authorised under section 52 by the corporation. Court means the Supreme Court. development site, for a body corporate, for part 4, division 2, see section 41A. electable person, for part 4, division 2, see section 41B. group titles plan means a plan which— (a) is described in the title or heading thereto as a group titles plan; and (b) shows the land comprised therein as being divided into lots and common property; and (c) complies with the requirements of section 9; individual nominee, in relation to a proprietor who is an individual, means an individual who is not a proprietor but is nominated for election to a committee by the proprietor. land means land under the provisions of the Land Title Act 1994 held by the registered proprietor in fee simple. law practice, for part 4, division 3, subdivision 2, see section 49C. letting arrangement, for part 4, division 2, see section 41A. lot means a lot shown as such on a 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 for securing money or money's worth. occupier, in relation to a lot, means a person in lawful occupation of that lot. original plan means— (a) in relation to a plan of resubdivision—the registered plan containing the lots or common property the subject of the plan of resubdivision; or (b) in relation to a plan of amalgamation—the registered plan containing the lots the subject of the plan of amalgamation; or (c) in relation to a conversion of lots into common property—the registered plan containing those lots. original proprietor means the person by whom a parcel the subject of a plan was held in fee simple at the time of registration of the plan, and includes any successor or assignee of that person, but does not include a bona fide purchaser for value of a lot or any successor or assignee of that purchaser. parcel means the land comprised in a plan. plan means a building units plan or a group titles plan. planning scheme means a planning scheme under the Local Government (Planning and Environment) Act 1990. Editor's note— Local Government (Planning and Environment) Act 1990—see the Acts Interpretation Act 1954, section 14H and the Integrated Planning Act 1997. prescribed arrangement means any agreement or arrangement (including an arrangement set out in the by-laws in respect of the plan) between— (a) in the case of a registered lot—the body corporate or the original proprietor and any other person; or (b) in the case of a proposed lot—the original proprietor and any other person; being an agreement or arrangement— (c) by instrument in writing appointing, pursuant to 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 pursuant to section 37(2)(a), (b), (c), (d) or (e) or section 38C; or (f) for the protection of the parcel or any part thereof 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 letting of lots on behalf of any proprietors of lots; or (h) under which the rights of the proprietor of a lot are or are likely to be affected to a material extent. prescribed trust account, for part 4, division 3, subdivision 2, see section 49C. proprietor means the person for the time being registered or entitled to immediate registration under the Land Title Act 1994 as the proprietor of a lot. 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'. real estate agent, for part 4, division 3, subdivision 2, see section 49C. recognised entity, for part 4, division 3, subdivision 2, see section 49C. referee means a referee appointed under section 69. registered plan means a plan as amended from time to time registered under this Act. registrar of titles means the registrar of titles under the Land Title Act 1994. relevant body corporate debt, for part 4, division 2, see section 41A. 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 plan or to a plan that has been extinguished. service arrangement, for part 4, division 2, see section 41A. service obligation means a service obligation created or implied by section 17 or 18. service right means a service right created or implied by section 17 or 18. sinking fund means the fund established by a body corporate under section 38(4), and includes a fund established under the Building Units and Group Titles Act 1980, section 38(1)(m) prior to the repeal of that section by the Building Units and Group Titles Act Amendment Act 1988. special resolution means a resolution which is passed at a duly convened general meeting of a body corporate by the proprietors where the proprietors who vote against the motion proposed as a special resolution do not together— (a) constitute more than 25% of the total number of proprietors; and (b) hold more than 25% of the aggregate lot entitlement. specified Act see section 5A(3). titles registry fee, for a matter mentioned in a provision of this Act, means the fee payable for the matter under section 133C. titles registry function see the Queensland Future Fund (Titles Registry) Act 2021, section 5. 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. voting member, of a committee, means a member of the committee who is entitled to vote at meetings of the committee. wall includes door, window or other structure dividing a lot from common property or from another lot. (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. (3) In this Act, a reference to the Local Government (Planning and Environment) Act 1990 includes a reference to a planning scheme. Editor's note— Local Government (Planning and Environment) Act 1990—see the Acts Interpretation Act 1954, section 14H and the Integrated Planning Act 1997. Part 2 Subdivision of land Division 1 Creation of lots and common property 8 Subdivision (1) Land may be subdivided into lots and common property by the registration of a plan in the manner provided by or under this Act. (2) A lot may consist of separate parts. (3) When a plan has been registered— (a) each lot comprised therein may devolve or be transferred, leased, mortgaged or otherwise dealt with; and (b) subject to the approval of the local government to the lease, a lease of part of a lot and, in the case of a group titles plan, of part of any improvements on a lot may be registered; in the same manner and form as any other land held under the provisions of the Land Title Act 1994. (3A) Easements to or over lots may be registered. (4) Upon the recording of particulars of the plan in the register the plan shall for the purposes of the Land Title Act 1994 be deemed upon registration to be embodied in the register; and notwithstanding the provisions of that Act, a proprietor shall hold the proprietor's lot and the proprietor's share in the common property subject to any interests affecting the same for the time being notified on the registered plan and subject to any amendments to lots or common property shown on that plan. (5) Upon registration of a plan the registrar of titles shall thereafter be authorised to issue a separate certificate of title for each lot showing that the proprietor holds the share of the common property appurtenant thereto in accordance with the lot entitlement set forth in the plan. 9 Registration of plan (1) A building units plan shall— (a) delineate the external surface boundaries of the parcel and the location of the building in relation thereto; (b) bear a statement containing such particulars as may be necessary to identify the title to such parcel; (c) include a drawing illustrating the lots and distinguishing such lots by numbers; (d) define the boundaries of each lot in 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; However, it shall not be necessary to show any bearing or dimensions of a lot; (e) show the approximate floor area of each lot; (f) have endorsed upon it a schedule complying with the provisions of section 19; (g) have endorsed upon it the name of the building; (h) have endorsed upon it the address at which documents may be served on the body corporate in accordance with section 127; (i) contain such other features as may be prescribed. (2) A group titles plan shall— (a) delineate the external surface boundaries of the parcel and the location of each lot and the common property in relation thereto; (b) bear a statement containing such particulars as may be necessary to identify the title to such parcel; (c) delineate the lots and distinguish such lots by numbers; (d) delineate the common property; (e) show the area of each lot and of the common property; (f) have endorsed upon it a schedule complying with the provisions of section 19; (g) have endorsed upon it the name of the parcel; (h) have endorsed upon it the address at which documents may be served on the body corporate in accordance with section 127; (i) be in the approved form; (j) contain such other matters, and be of such standard of accuracy, as may be prescribed. (3) Save with the consent of the Minister a plan shall not be registered if the name of the building or the name of the parcel, as the case may be, endorsed thereon, in the opinion of the registrar of titles, is undesirable. (3A) A plan shall not be registered if the name of the building or the name of the parcel, as the case may be, endorsed thereon is currently endorsed on— (a) a registered leasehold building units plan under the South Bank Corporation Act 1989; and (b) a registered building units plan; or is reserved pursuant to— (c) section 120 of this Act; or (d) the South Bank Corporation Act 1989, schedule 4, section 120. (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 parcel, as the case may be, endorsed upon the plan to a name with which the plan could be registered without contravention of subsection (3) or (3A). (5) In a building units plan, the common boundary of any lot with another lot or with common property shall be the centre of the wall, floor or ceiling, as the case may be. (5A) Notwithstanding subsections (5) and (5B), 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 and, it is hereby declared, always could from the commencement of the Building Units and Group Titles Act 1980 be included as part of a lot shown on a building units plan. (5B) Provided that 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. (6) Where, pursuant to subsection (5A), a balcony, courtyard, roof garden or other area of a building is included as part of a lot shown on a 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 subsections (5A) and (5B), 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 subsections (5A) and (5B), 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. (7) Every plan lodged for registration shall be endorsed with or be accompanied by a certificate of the local government that the proposed subdivision of the parcel as illustrated in the plan has been approved by the local government and that all the requirements of the Local Government (Planning and Environment) Act 1990 as modified by this Act have been complied with in regard to the subdivision. Editor's note— Local Government (Planning and Environment) Act 1990—see the Acts Interpretation Act 1954, section 14H and the Integrated Planning Act 1997. (8) Every building units plan lodged for registration shall be endorsed with or be accompanied by certificates respectively— (a) of a cadastral surveyor within the meaning of the Surveyors Act 2003 that the building shown on the building units plan is within the external surface boundaries of the parcel the subject of the 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 thereto pursuant to the local laws, 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 construction of the building shown on the building units plan was commenced after 1 February 1973, of an architect within the meaning of the Architects Act 2002 that the building has been substantially completed in accordance with plans and specifications approved by the local government or a designated officer of the local government 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 local government (which certificate a building surveyor or building inspector is hereby authorised to give unless otherwise directed by the local government) that the building has been substantially completed in accordance with plans and specifications approved by the local government or a designated officer of the local government. (9) No certificate given by a building surveyor or building inspector in good faith for the purposes of subsection (8)(b) shall subject the building surveyor or building inspector to any liability whatsoever in respect thereof and the proof of 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. (10) For the purposes of this section— building surveyor and building inspector include, where there is no building surveyor or building inspector of the local government, the officer of the local government whose duties include the performance of duties usually undertaken by a building surveyor or building inspector of a local government. (11) Before registering a building units plan the registrar of titles may require proof to the registrar's satisfaction by statutory declaration or otherwise of the time of commencement of construction of the building to which the plan relates. (12) Each group titles plan lodged for registration must be endorsed with or accompanied by a certificate— (a) approved under the Survey and Mapping Infrastructure Act 2003; and (b) given by a cadastral surveyor within the meaning of the Surveyors Act 2003; and (c) certifying that the plan is accurate. (13) Before registering a plan the registrar of titles may make or cause to be made such inspection of the parcel to which the plan relates as the registrar considers necessary. (14) Upon lodgement for registration of a plan the registrar of titles shall allot thereto a number. (15) Registration of a plan shall be effected by notifying under the seal of the registrar of titles on the plan the fact and date of such registration. (16) Every building units plan, group titles plan, building units plan of resubdivision or amalgamation, group titles plan of resubdivision or amalgamation or notice of conversion lodged for registration shall be accompanied by the relevant titles registry fees (including the fee mentioned in section 14). 10 Resubdivision (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 plan 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 plans. (1A) However, lots or common property or lots and common property contained in a group titles plan may only be resubdivided by a group titles plan of resubdivision. (1B) In addition, where a resubdivision affects common property or creates additional common property the approval of the body corporate by resolution without dissent is required. (2) The provisions of this Act relating to plans and 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. (3) Notwithstanding the provisions of section 27 proprietors of lots in a building units plan of resubdivision or group titles plan of resubdivision shall not be a body corporate, but shall, upon the date of registration of such plan of resubdivision be members of the body corporate constituted in respect of the original plan. (4) On registration of a building units plan of resubdivision or group titles plan of resubdivision, lots comprised therein shall be subject to the burden and have the benefit of any easements, service rights and service obligations affecting such lots in the original plan as are included in the plan of resubdivision. (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 building units plan of resubdivision or group titles plan of resubdivision as required by section 19 shall apportion among the lots the lot entitlement of such lot or lots in the original plan as are included in the plan of resubdivision and the registrar when registering that plan shall amend the schedule to the original plan to show the lot entitlement of each lot and each proposed lot and the aggregate lot entitlement as whole numbers. (6) Where the resubdivision affects common property or creates additional common property the schedule endorsed on the building units plan of resubdivision or group titles 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. (7) A resubdivision that creates additional common property shall not be registered unless every mortgage, current lease, caveat or other interest recorded on the certificate of title in respect of each lot from which the additional common property or part thereof is derived has been discharged, surrendered, withdrawn or otherwise disposed of in so far as it affects that additional common property or part thereof. (8) When registering a building units plan of resubdivision or group titles plan of resubdivision the registrar of titles shall amend the original plan in the manner prescribed. (9) Upon registration of a building units plan of resubdivision or group titles plan of resubdivision land therein shall not be dealt with by reference to lots in the original plan. 11 Amalgamation 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 building units plan of amalgamation or group titles plan of amalgamation. (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 building units plan of amalgamation or group titles plan of amalgamation the registrar of titles shall amend the original plan and the schedule of lot entitlements endorsed thereon in the manner prescribed. 12 Conversion 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 land registry, as a notice of conversion, a notice executed by the proprietor or proprietors of that lot or those lots and approved by the body corporate by unanimous resolution. (2) The provisions of this Act relating to plans and 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. (3) A notice of conversion shall not be registered unless every mortgage, current lease, caveat or other interest recorded on each certificate of title has in so far as it affects the lot or lots to which the notice relates been discharged, surrendered, withdrawn or otherwise disposed of, as the case may be. (4) When registering a notice of conversion the registrar of titles shall— (a) amend the original plan in the manner prescribed; and (b) amend the schedule of lot entitlements endorsed upon the original plan in accordance with the schedule complying with the provisions of section 19 lodged with the notice; and (c) cancel the certificate of title for each lot converted into common property. 13 Plans and notices of conversion to be signed Where a building units plan, group titles plan, building units plan of resubdivision or amalgamation, group titles plan of resubdivision or amalgamation or notice of conversion is lodged in the land registry for registration it shall not be registered unless it is signed by every person having a sufficient estate or interest to transfer the land or lots comprised in the plan or notice. 14 Copies of plan to certain authorities and bodies corporate Upon payment of the relevant titles registry fee the registrar of titles shall, within 28 days after the registration of a plan or an amendment thereof, furnish to the valuer-general, to the Commissione