Queensland: Integrated Resort Development Act 1987 (Qld)

Integrated Resort Development Act 1987 An Act to provide for the approval of schemes of integrated resort development, to make provision to assist in the establishment, operation and management of approved integrated resort developments and for other purposes Part 1 Preliminary 1 Short title This Act may be cited as the Integrated Resort Development Act 1987. 2 Definitions The dictionary in schedule 7 defines particular words used in this Act. 3 Minimum requirements for an approved scheme (1) Subject to subsection (3), a scheme shall not be an approved scheme unless it provides for each of the following— (a) a primary thoroughfare within the site on which there is to be a road; (b) a secondary thoroughfare within the site on which there is to be a road; (c) the division of the site into precincts specifying the name of the precincts, the intended development generally of each precinct and the permitted uses of the land within each precinct; (d) a schedule specifying the maximum number of lots into which each residential precinct may be subdivided; (e) a schedule specifying the voting entitlements and the method of calculating the voting entitlements of members of the primary thoroughfare body corporate; (f) a schedule specifying the voting entitlements and the method of calculating the voting entitlements of members of the principal body corporate. (2) Each of them the primary thoroughfare and the secondary thoroughfare may consist of more than 1 thoroughfare. (3) An application for approval of a subsequent stage must provide for at least— (a) the division of the site into precincts specifying the name of the precincts, the intended development generally of each precinct and the permitted uses of the land within each precinct; and (b) a schedule specifying the voting entitlements and the method of calculating the voting entitlements of members of the primary thoroughfare body corporate. 3A References to standard module (1) In this Act, the information included in square brackets after a section heading is a reference to a similar section of the Body Corporate and Community Management (Standard Module) Regulation 2008. (2) The brackets and information do not form part of this Act. Part 2 Scheme of integrated resort development Division 1 Approval of scheme 4 Application for approval of scheme (1) An application for a scheme to be an approved scheme shall be made to the Minister in the prescribed manner. (1A) However, on and from the commencement of the Body Corporate and Community Management Act 1997, no further applications for scheme approval may be made. (1B) For subsection (1A), to remove any doubt, it is declared that an application under division 2 to amend an approved scheme by varying the boundaries of the site of the approved scheme is not an application for scheme approval. (2) The applicant shall include with the application in respect of the scheme— (a) the information and material specified in schedule 1, part A; and (b) such of the information and material specified in schedule 1, part B as the Minister requires. 5 Minister to consider application The Minister shall consider the application and— (a) shall consult any department of the Government, local government or statutory authority; and (b) may consult any person or body; which or who, in the Minister's opinion, is likely to be affected by the scheme. 6 Variation of application (1) An applicant may, with the consent of the Minister, vary an application at any time prior to a decision being made upon the application by the Governor in Council. (2) The Minister may, with the written consent of the applicant, vary an application at any time prior to a decision being made upon an application by the Governor in Council. 7 Decision on application (1) The Governor in Council may— (a) approve the scheme; or (b) approve the scheme with modifications or subject to conditions; or (c) refuse to approve the scheme. (2) If the Governor in Council approves the scheme, the chief executive must— (a) notify the approval of the scheme by a gazette notice that specifies— (i) the modifications (if any) made by the approval and the conditions (if any) to which the approval is subject; and (ii) the places where a copy of the approved scheme is available for inspection; and (b) keep a copy of the approved scheme available for inspection at the office of the chief executive at Brisbane at all times during which the office is open for the transaction of public business; and (c) note the approval on the plan of development; and (d) send a copy of the approved scheme and the plan of development to the registrar of titles and the local government. (3) The chief executive must, on payment by a person of the reasonable fee decided by the chief executive, give a copy of the approved scheme to the person. 8 Notation of approved scheme The local government and the chief executive must each make an appropriate notation of the approved scheme on— (a) relevant zoning maps; and (b) any relevant regulatory maps; and (c) any relevant development control plan maps. Division 2 Amendment of approved scheme 9 Application for amendment of approved scheme (1) An application for amendment of an approved scheme may be made to the Minister by the primary thoroughfare body corporate or, if that body has not been incorporated, by the applicant. (2) To remove any doubt, it is declared that an application may be made under this division to amend an approved scheme by varying the boundaries of the site of the approved scheme. 10 Members to be notified of proposed amendment (1) Before making the application, the primary thoroughfare body corporate must— (a) give a written notice to each of the members of the primary thoroughfare body corporate and each of the members of the principal body corporate stating— (i) the nature of the proposed amendment; and (ii) a description of each lot to which the proposed amendment relates; and (iii) that a member may give the primary thoroughfare body corporate written submissions about the proposed amendment within a stated period (the notification period) of at least 30 business days after the notice is given; and (b) place, on the subject land, a notice stating— (i) a brief summary of the nature of the proposed amendment and each lot to which the amendment relates; and (ii) the notification period for giving written submissions about the proposed amendment; and (iii) the name and contact details of a person authorised by the primary thoroughfare body corporate to give information about the proposed amendment. (2) The notice under subsection (1)(b) must— (a) be of a type, and placed on the subject land in the way required, under schedule 2; and (b) remain on the subject land during the notification period. 11 Requirements for application The application must include— (a) a written statement confirming that— (i) a written notice was given to the members under section 10(1)(a), including the days the notice was given; and (ii) a notice was placed on the subject land under section 10(1)(b) and (2), including the period during which the notice was on the land; and (b) a copy of the notice given under section 10(1)(a); and (c) all written submissions given to the primary thoroughfare body corporate under section 10(1)(a)(iii); and (d) other matters, if any, the Minister considers necessary for deciding the application. 12 Minister to consider application (1) The Minister shall consider the application and any written comments included with the application and— (a) shall consult any department of the Government, local government or statutory authority; and (b) may consult any person or body; which or who, in the Minister's opinion, is likely to be affected by the amendment of the scheme. (2) The Minister must give the Governor in Council— (a) the application; and (b) a written notice stating details of the consultation, if any, under subsection (1), including— (i) who the Minister consulted; and (ii) the results of the consultation. 13 Decision on application (1) The Governor in Council may— (a) approve the amendment; or (b) approve the amendment with modifications or subject to conditions; or (c) refuse to approve the amendment. (2) If the Governor in Council approves the amendment, the chief executive must— (a) notify the approval of the amendment by a gazette notice that specifies— (i) the modifications (if any) made by the approval and the conditions (if any) to which the approval is subject; and (ii) the places where a copy of the approved amendment is available for inspection; and (b) keep a copy of the approved amendment available for inspection at the office of the chief executive at Brisbane at all times during which the office of the chief executive is open for the transaction of public business; and (c) note the approval on any plan of development; and (d) send a copy of the approved amendment and any plan of development each endorsed by the chief executive to the registrar of titles and the local government. (3) The chief executive must, on payment by a person of the reasonable fee decided by the chief executive, give a copy of the amendment to the person. (4) The registrar of titles must note the amendment on the plan of development. 13A Minor variation of site boundaries (1) This section applies to an application to amend an approved scheme by varying the boundaries of the site of the approved scheme. (2) The Governor in Council may approve the amendment only if— (a) the Governor in Council considers— (i) the proposed variation of the site boundaries is of a minor nature; and Example of a variation that may be of a minor nature— a variation of part of a site boundary to realign it with a thoroughfare within the site (ii) the total area of the site will not be materially changed because of the variation; and (b) neither the aggregate number of the lots nor the aggregate voting entitlements under the approved scheme will be changed because of the variation; and (c) each affected land owner has given the owner's written consent to the variation. (3) If the Governor in Council approves the amendment, section 8 applies to the local government and chief executive for making an appropriate notation of the approved scheme as amended as if the reference in that section to the approved scheme were a reference to the approved scheme as amended. (4) In this section— affected land owner means an owner of land that is outside the site and is proposed under the application to be within the site. 14 Minor variation of precinct boundaries Where an application is made to the Minister pursuant to this division to amend an approved scheme by varying the boundaries of a precinct, the Governor in Council may approve the amendment if the Governor in Council considers the variation of the boundaries is of a minor nature notwithstanding that sections 10 to 12 have not been complied with. Division 3 Effect of approval of scheme 15 Approved scheme regulates development etc. of site (1) The approved scheme regulates the development and use of land within the site. (2) The approved scheme modifies any planning scheme in force in relation to the site to the extent the planning scheme is inconsistent with the approved scheme. (3) However, the approved scheme can not increase the uses permitted by the planning scheme. (4) The provisions of the Planning Act about reconfiguring a lot do not apply to the site. (6) Local laws made by a local government under any Act do not apply to the site so far as they are inconsistent with this Act or the approved scheme. (7) Any land, building or structure may be used within a precinct without the consent of the local government for any of the purposes set out in the approved scheme as a permitted use in relation to the precinct. (8) A person must not use land, or a building or other structure, within a precinct for a use that is not a use specified in the approved scheme as a permitted use in relation to the precinct. Maximum penalty for subsection (8)—200 penalty units. (9) In this section— planning scheme means a planning scheme under the Planning Act. 16 Application of provisions of this Act (1) Upon the approval of a scheme— (a) the provisions of this Act other than part 6; and (b) such other provisions of this Act as are specified in the approval of the scheme; shall apply in respect of the scheme. (2) The Governor in Council may vary provisions specified under subsection (1)(b). (3) If the Governor in Council varies the provisions, the chief executive must notify the variation by gazette notice. Division 4 Revocation of approval of scheme 17 Application for revocation (1) The applicant may apply to the Minister for revocation of the approved scheme. (2) The application may be made only if no plan of subdivision has been registered under this Act. (3) However, the application may be made if all plans that have been registered have been extinguished under section 68. (4) If all plans have been extinguished, the application for revocation must be made by all proprietors within the site. (5) The Minister must consider the application and discuss it with the local government. 18 Revocation of approval (1) The Governor in Council may— (a) approve the revocation; or (b) approve the revocation subject to conditions; or (c) refuse to approve the revocation. (2) If the Governor in Council approves the revocation, the chief executive must— (a) notify the approval of revocation by a gazette notice that specifies— (i) the conditions (if any) to which the approval is subject; and (ii) the places where a copy of the approved revocation is available for inspection; and (b) keep a copy of the approval available for inspection at the office of the chief executive at Brisbane at all times during which the office is open for the transaction of public business; and (c) note the revocation on the plan of development; and (d) send a copy of the approval to the registrar of titles and the local government. (3) The chief executive must, on payment by a person of the reasonable fee decided by the chief executive, give a copy of the approval of the revocation to the person. (4) The registrar of titles must note the revocation on the plan of development. 19 Notation of revocation The local government and chief executive must each make an appropriate notation of the revocation of the approved scheme on— (a) relevant zoning maps; and (b) any relevant regulatory maps; and (c) any relevant development control maps. 20 Effect of revocation (1) On revocation of an approved scheme— (a) the provisions of this Act that applied because of the approved scheme no longer apply; and (b) the provisions of the Coastal Protection and Management Act 1995 or Planning Act prescribed for section 90 apply. (2) Nothing in subsection (1) affects anything lawfully done before the revocation of the approved scheme. Part 3 Staged integrated resort development 21 Future development area (1) An application under part 2, division 1 may identify an area (the future development area) in relation to which— (a) provisional approval is sought; and (b) a subsequent application will be made under part 2, division 1. (2) A future development area must contain freehold land or land intended to be freeholded. (3) Except in relation to land intended to be freeholded, an application under part 2, division 1 must not include a future development area unless the future development area is in a zone that permits a use that is not inconsistent with the intended use of other land mentioned in the application. (4) If an application under part 2, division 1 identifies a future development area the applicant must, in addition to providing the information and material required to be provided by part 2, division 1, provide such of the information and material set out in schedule 1, part A as relates to a future development area. 22 Decision on application (1) An application for provisional approval in relation to a future development area is to be decided in the same way and at the same time as the application under part 2, division 1. (2) Section 8 applies to a provisional approval as if it were the approval of a scheme. 23 Revocation of provisional approval (1) An applicant may apply to have the provisional approval in relation to all or part of the future development area revoked. (2) An application for revocation must not be made in relation to any part of the future development area that has been the subject of an application under section 26. (3) Before making an application under this section, the applicant must give written notice of the application to— (a) the primary thoroughfare body corporate; and (b) the principal body corporate; if these exist, inviting written comments from their members before a specified date (not less than 30 days from the giving of the notice). (4) A written application is to be made to the Minister and must include— (a) a copy of the written notice given under subsection (3); and (b) any written comments received by the applicant from the primary thoroughfare body corporate or the principal body corporate; and (c) other matters that the Minister considers necessary. (5) The Minister is to consider the application and any written comments included with the application and— (a) is to consult any department, local government or statutory authority; and (b) may consult any person or body; that, in the Minister's opinion, is likely to be affected by the revocation. 23A [Repealed] 24 Approval of revocation (1) The Governor in Council may— (a) approve the revocation; or (b) approve the revocation with modifications or subject to specified conditions; or (c) refuse to approve the revocation. (2) If the Governor in Council approves the revocation, the chief executive must— (a) notify the approval of the revocation by a gazette notice that specifies— (i) the modifications (if any) made by the approval and the conditions (if any) to which the approval is subject; and (ii) the places where a copy of the approved revocation is available for inspection; and (b) keep a copy of the approval available for inspection at the office of the chief executive at Brisbane at all times during which the office is open for the transaction of public business; and (c) note the revocation on the plan of development; and (d) send a copy of the revocation to the registrar of titles and the local government. (3) The chief executive must, on payment by a person of the reasonable fee decided by the chief executive, give a copy of the approval of the revocation to the person. (4) The registrar of titles must note the revocation on the plan of development. 25 Notation of revocation of provisional approval The local government and the chief executive must each make an appropriate notation of the revocation on— (a) relevant zoning maps; and (b) any relevant regulatory maps; and (c) any relevant development control plan maps. 26 Application for subsequent stages (1) A subsequent application may be made under part 2, division 1 in relation to all or only part of the future development area. (2) The future development area (whether all or part) that is the subject of a subsequent application under part 2, division 1 is in this Act referred to as a subsequent stage. (3) Subject to subsection (4), part 2, division 1 applies to an application for approval of a subsequent stage. (4) The applicant must include with the application for approval of a subsequent stage— (a) the information and material set out in clauses 1 to 12, 15, 16, 17, 18 and 21 of schedule 1, part A; and (b) such of the information and material set out in schedule 1, part B as the Minister requires. (5) An application under this section may only be made if all necessary amounts have been paid to, undertakings given to, or securities lodged with, the local government under an agreement entered into between the applicant and the local government. (6) A person must not use construction works that have been undertaken in a future development area unless the works are situated in a subsequent stage that has been approved under part 2, division 1. Maximum penalty—200 penalty units. (7) Applications in relation to stages in a future development area may be made at any time and from time to time. (8) For the purposes of this Act, an approval of an application made under this section is taken to be an approval of a scheme. (9) For the purposes of part 5, the land in a subsequent stage is taken to be the site. Part 4 The site 27 The site (1) Subject to subsection (2), the site of an approved scheme consists of all land within the boundaries of the site set out in the approved scheme. (2) If the approved scheme is amended under part 2, division 2 by varying the boundaries of the site, the site of the approved scheme consists of all land within the boundaries of the site set out in the approved scheme as amended. (3) The site must consist only of freehold land and land intended to be freeholded. (4) Despite any other Act or law, the site may include land mentioned in subsection (3) that is, or may become, inundated by water or subject to tidal influence. (5) The boundaries of the site may enclose 2 or more parcels of land, but only to the extent that this is necessary because a road, railway, tramway or boundary watercourse that is not intended to be freeholded divides the parcels. 28 Grant of unallocated State land (1) The power conferred by the Land Act 1994 on the Governor in Council to grant in fee simple any unallocated State land within Queensland includes, in relation to unallocated State land included or to be included as part of a scheme, power to grant the land in fee simple to an applicant, on payment of the amount that the Governor in Council determines, in priority to and to exclusion of all other persons. (2) Subsection (1) applies despite the Land Act 1994. (3) The power applies only to land— (a) that is necessary to regularise the boundaries of the site and is required in relation to works to be carried out on the site; and (b) that, following development of the site, is of a shape that can not reasonably be used otherwise than in relation to the site. 29 Site forms part of local government area (1) If a part of the site is not within the area of any local government, the part forms part of the area of the local government to which application in relation to a scheme was made. (2) Subsection (1) applies despite any other Act. Part 5 Subdivision of site Division 1 Initial subdivision of and dealing with land Subdivision A Creation of initial lots and primary thoroughfare 30 Plans to be lodged with local government (1) After the approval of a scheme, the proprietor of land within the site shall lodge with the local government a plan or plans subdividing land within the site into— (a) a lot or lots which comprises or together comprise the primary thoroughfare as provided for in the approved scheme; and (b) lots which together comprise the balance of the land within the site. (2) A plan of subdivision creating an initial lot within a residential precinct lodged with a local government shall be accompanied by a schedule setting out in respect of each lot the maximum number of lots into which the lot may, in accordance with the approved scheme, be subdivided. (3) The applicant shall forward to the Minister a copy of each plan of subdivision (including, where appropriate, a copy of the schedule referred to in subsection (2)) lodged with a local government pursuant to this section. 31 Approval of local government (1) A local government shall not approve a plan of subdivision lodged with it pursuant to section 30 unless it is satisfied that— (a) each lot has access to a dedicated road outside the site directly or through the lot or lots that comprise the primary thoroughfare, on which there is, or is to be, a road; and (b) in respect of land within a residential precinct, the aggregate of the maximum number of lots into which each lot within the precinct may be subdivided equals the number specified in respect of that precinct in the approved scheme. (2) A local government shall not approve a plan of subdivision of land within the site unless— (a) the plan includes the subdivision of the site into a lot or lots comprising the primary thoroughfare; or (b) a plan of subdivision subdividing the site into a lot or lots comprising the primary thoroughfare has been approved by the local government. (3) Upon compliance with the provisions of subsections (1) and (2), the local government may approve of the plan of subdivision and of the schedule accompanying the plan. (4) The approval of a plan of subdivision and of the schedule by the local government shall be by endorsement of its approval on the plan of subdivision and the schedule. (5) For the purposes of subsection (1)(a)— (a) if the site is on an island and there is no dedicated road adjoining the site—an initial lot is taken to have access to a dedicated road if the lot or the primary thoroughfare on which there is, or is to be, a road adjoins the foreshore; or (b) if the site is remote and there is no dedicated road adjoining the site—an initial lot is taken to have access to a dedicated road if the Minister has advised the local government that the Minister is satisfied that there is appropriate access to the site. (6) If an initial lot is taken to have access to a dedicated road under subsection (5), a lot is also taken to have access to a dedicated road if created by the subdivision of— (a) an initial lot; or (b) a lot created by the subdivision of an initial lot. (7) Subsection (6) has effect subject to the provisions of this Act that relate to access. 32 Registration of initial plan of subdivision (1) The registrar of titles shall not register a plan of subdivision referred to in section 30 unless— (a) where the plan of subdivision subdivides land in a residential precinct—it is accompanied by the schedule referred to in section 30; and (b) the plan and the schedule (if any) have been endorsed with the approval of the local government. (2) The registrar of titles shall not register a plan of subdivision of land within the site unless— (a) the plan includes the subdivision of the site into a lot or lots comprising the primary thoroughfare; or (b) a plan or plans of subdivision subdividing the site into a lot or lots comprising the primary thoroughfare has or have been registered by the registrar of titles. (3) In determining whether a lot has access to a dedicated road, the registrar of titles is not obliged to make enquiries but may rely on the endorsement of the local government on the plan and the schedule under subsection (1). 33 Transfer of primary thoroughfare to primary thoroughfare body corporate (1) Immediately upon the registration of a plan or plans of subdivision creating a lot or lots comprising the primary thoroughfare, the registered proprietor of any lot shown on the plan as primary thoroughfare shall lodge with the registrar of titles all documents necessary to transfer free of mortgage that lot or those lots to the primary thoroughfare body corporate. (2) The primary thoroughfare body corporate shall not be required to make any payment or provide any consideration for such transfer. (3) Nothing in this section shall operate to relieve the applicant of the applicant's obligation to effect at the applicant's expense the initial construction of the primary thoroughfare to a standard prescribed pursuant to section 89. Subdivision B Subdivision of initial lots 34 Subdivision of initial lot (1) The proprietor of an initial lot may subdivide it by a plan of subdivision into 2 or more initial lots. (2) The plan of subdivision must— (a) be lodged with the local government; and (b) in the case of the subdivision of an initial lot that is not within a residential precinct—be accompanied by a schedule setting out the voting entitlement that is to apply to each initial lot created by the plan; and (c) in the case of the subdivision of an initial lot that is within a residential precinct—be accompanied by a schedule setting out the maximum number of lots into which each initial lot created by the plan may be subdivided. 35 Approval of local government A local government may approve a plan of subdivision that subdivides an initial lot only if it is satisfied that— (a) in the case of an initial lot that is not within a residential precinct—the total voting entitlement that is to apply to the new initial lots equals the voting entitlement that applies to the initial lot being subdivided; and (b) in the case of an initial lot that is within a residential precinct—the total of the maximum number of lots into which each initial lot may be subdivided, equals the maximum number of lots that applies to the initial lot being subdivided; and (c) each new initial lot has access to a dedicated road outside the site directly or through the primary thoroughfare on which there is, or is to be, a road. 36 Registration of plan of subdivision of initial lot (1) The registrar of titles may register a plan of subdivision that subdivides an initial lot only if— (a) in the case of an initial lot that is not within a residential precinct—it is accompanied by a schedule setting out the voting entitlement that is to apply to each initial lot created by the plan; and (b) in the case of an initial lot that is within a residential precinct—it is accompanied by a schedule setting out the maximum number of lots into which each initial lot created by the plan may be subdivided; and (c) the plan and the schedule have been approved by the local government. (2) In determining whether a lot has access to a dedicated road, the registrar of titles is not obliged to make inquiries but may rely on the local government's approval of the plan. 37 Notice of subdivision to primary thoroughfare body corporate On registration of a plan subdividing an initial lot that is not within a residential precinct, the proprietor of the new initial lots must give written notice to the primary thoroughfare body corporate of— (a) the proprietor's full name and address for service; and (b) the date of registration of the plan; and (c) the description of the initial lot subdivided; and (d) the description of the new initial lots; and (e) the voting entitlement that applies to each new initial lot. 38 Notice of subdivision to principal body corporate On registration of a plan subdividing an initial lot that is within a residential precinct, the proprietor of the new initial lots must give written notice to the principal body corporate of— (a) the proprietor's full name and address for service; and (b) the date of registration of the plan; and (c) the description of the initial lot subdivided; and (d) the description of the new initial lots; and (e) the maximum number of lots into which each new initial lot may be subdivided. Subdivision C Amalgamation of initial lots 39 Amalgamation of initial lots (1) The proprietor of 2 or more initial lots within the same precinct may amalgamate the lots by a plan of amalgamation. (2) The plan of amalgamation must— (a) be lodged with the local government; and (b) in the case of the amalgamation of initial lots that are not within a residential precinct—be accompanied by a schedule setting out the voting entitlement that is to apply to the new initial lot; and (c) in the case of the amalgamation of initial lots that are within a residential precinct—be accompanied by a schedule setting out the maximum number of lots into which the new initial lot may be subdivided. 40 Approval of local government A local government may approve a plan of amalgamation that amalgamates initial lots only if it is satisfied that— (a) in the case of initial lots that are not within a residential precinct—the voting entitlement that is to apply to the new initial lot equals the total voting entitlement that applies to the initial lots being amalgamated; and (b) in the case of initial lots that are within a residential precinct—the maximum number of lots into which the new initial lot may be subdivided equals the total of the maximum number of lots into which the initial lots being amalgamated could have been subdivided. 41 Registration of plan of amalgamation of initial lots The registrar of titles may register a plan of amalgamation only if— (a) in the case of the amalgamation of initial lots that are not within a residential precinct—it is accompanied by a schedule setting out the voting entitlement that is to apply to the new initial lot; and (b) in the case of the amalgamation of initial lots that are within a residential precinct—it is accompanied by a schedule setting out the maximum number of lots into which the new initial lot may be subdivided; and (c) the plan and schedule have been approved by the local government. 42 Notice of amalgamation to primary thoroughfare body corporate On registration of a plan amalgamating initial lots that are not within a residential precinct, the proprietor of the new initial lot must give written notice to the primary thoroughfare body corporate of— (a) the proprietor's full name and address for service; and (b) the date of registration of the plan; and (c) the description of the initial lots amalgamated; and (d) the description of the new initial lot; and (e) the voting entitlement that applies to the new initial lot. 43 Notice of amalgamation to principal body corporate On registration of a plan amalgamating initial lots that are within a residential precinct, the proprietor of the new initial lot must give written notice to the principal body corporate of— (a) the proprietor's full name and address for service; and (b) the date of registration of the plan; and (c) the description of the initial lots amalgamated; and (d) the description of the new initial lot; and (e) the maximum number of lots into which the new initial lot may be subdivided. Subdivision D Subdivision of initial lots by building units or group titles plan 44 Subdivision by building units or group titles plan (1) An initial lot that is not within a residential precinct may be subdivided by a building units or group titles plan. (2) A building units or group titles plan must be lodged with the local government. (3) A group titles plan must be accompanied by a statement by the proprietor of the initial lot— (a) indicating whether or not it is proposed to subdivide any lot created by the group titles plan by the registration of a building units plan; and (b) if it is proposed to do so—identifying the lot. (4) If— (a) a group titles plan creates lots; and (b) at least 1 of the lots is proposed to be further subdivided by the registration of a building units plan; the group titles plan must be accompanied by a schedule setting out, in relation to each lot proposed to be further subdivided, the maximum number of lots into which the lot may be subdivided. (5) Each lot on a group titles plan must have access to a dedicated road whether directly or through— (a) the primary thoroughfare on which there is, or is to be, a road; or (b) the common property. (6) A group titles plan must also be accompanied by a diagram showing the name and numbering, or proposed name and numbering, of each road that is, or is to be, on the primary thoroughfare, or the part of the primary thoroughfare, shown on the plan. 45 Approval of building units or group titles plan (1) A local government may approve a group titles plan and schedule only if— (a) the plan is accompanied by— (i) the statement mentioned in section 44(3); and (ii) if applicable—the schedule mentioned in section 44(4); and (iii) the diagram mentioned in section 44(6); and (b) it is satisfied that each lot created has the access mentioned in section 44(5). (2) A local government may approve a building units plan that subdivides a group title lot only if it is satisfied that the group title lot has the access mentioned in section 44(5). (3) If the schedule accompanying a group titles plan indicates that it is proposed to further subdivide any lot created, the local government must endorse that fact on the plan. 46 Registration of building units or group titles plan (1) The registrar of titles may register a building units or a group titles plan only if the plan, and, if applicable, the schedule accompanying the plan, have been approved by the local government. (2) In determining whether a lot has access to a dedicated road, the registrar of titles is not obliged to make inquiries but may rely on the local government's approval of the plan. 47 Subdivision of group title lot by building units plan (1) If the statement accompanying a group titles plan identifies a group title lot that is proposed to be subdivided by way of a building units plan, the building units plan may be— (a) approved by the local government; and (b) registered by the registrar of titles. (2) Section 10(1A) of the Building Units and Group Titles Act 1980 does not apply to a subdivision by a building units plan mentioned in subsection (1). (3) Despite the Building Units and Group Titles Act 1980, the registration of a building units plan under subsection (1) has effect as if the subdivision by the plan were a subdivision of the original group titles plan. (4) If a building units plan subdivides a lot created by a group titles plan, a further body corporate is not created by registration of the building units plan. (5) For the purposes of the Building Units and Group Titles Act 1980, the body corporate created by registration of the group titles plan is taken to be the body corporate created by the registration of the building units plan. (6) Subsections (4) and (5) apply despite section 27 of the Building Units and Group Titles Act 1980. 48 Subdivision of group title lot by group titles plan (1) Before a group title lot is subdivided by a building units plan, it may be subdivided by a group titles plan. (2) Section 44(3) and (4) apply to the subdivision of a group title lot by a group titles plan as if it were the subdivision of an initial lot by a group titles plan. (3) The number of lots created by the subdivision of the group title lot by a further group titles plan, and then by a building units plan, must not exceed the number of lots indicated on the schedule mentioned in section 44(4) in relation to the subdivision of the initial lot by the group titles plan. (4) Sections 45 and 46 relating to approval by a local government and registration by the registrar of titles apply to a plan mentioned in this section. 49 Lot entitlement if group title lot to be subdivided by a building units plan (1) If a group titles plan creates a lot that is to be subdivided by a building units plan, then, in specifying the lot entitlement of the lot, regard must be had to the maximum number of lots into which the lot may be subdivided by the building units plan. (2) Section 19(2) and (3) of the Building Units and Group Titles Act 1980 does not apply to a group titles plan if a lot on the plan is to be subdivided by a building units plan. 50 Application of Building Units and Group Titles Act to subdivisions (1) The following provisions of the Building Units and Group Titles Act 1980 do not apply to a subdivision under this division— (a) section 10(1B); (b) section 10(6)(b). (2) For the purposes of section 9(7) of the Building Units and Group Titles Act 1980, a plan of subdivision is taken to comply with the requirements mentioned in the subsection in relation to the subdivision if the plan complies with those requirements as modified by this Act. Division 2 Subsequent subdivision of and dealing with land in residential precincts 51 Plan of subdivision of initial lots (1) A plan of subdivision subdividing an initial lot within a residential precinct shall be lodged with the local government. (2) A plan of subdivision subdividing land in accordance with subsection (1) shall be accompanied by a schedule setting out in respect of each lot (other than a lot shown as secondary thoroughfare) the maximum number of lots into which the lot may, in accordance with the approved scheme, be subdivided. (3) The person who lodges a plan of subdivision pursuant to subsection (1) shall forward a copy of the plan and of the schedule to the Minister and to the chief executive. 52 Approval by local government (1) A local government shall not approve a plan of subdivision of an initial lot lodged with it pursuant to section 51 unless it is satisfied that— (a) section 32 has been complied with; and (b) each secondary lot has access to— (i) a dedicated road outside the site; or (ii) the primary thoroughfare, whether directly or through a lot or lots shown in the plan as constituting a secondary thoroughfare; and (c) the aggregate of the maximum number of lots specified in the schedule accompanying the plan into which all the secondary lots thereby created may be subdivided does not exceed, and is not less than 85% of, the maximum number of lots into which the initial lot may be subdivided. (2) Upon compliance with the provisions of subsection (1), the local government may approve of the plan of subdivision and of the schedule accompanying the plan. (3) The approval of the plan of subdivision and of the schedule by the local government shall be by endorsement of its approval on the plan of subdivision and the schedule. 53 Registration of plan of subdivision of initial lot (1) The registrar of titles shall not register a plan of subdivision referred to in section 51 unless it is accompanied by the schedule referred to in section 51 each of which has been endorsed with the approval of the local government. (2) Notwithstanding any other Act, for the purposes of the registration of a plan of subdivision referred to in section 51, a lot shall be taken to have access to a dedicated road if that lot adjoins— (a) a dedicated road; or (b) the primary thoroughfare, on which there is, or is to be a road; or (c) a secondary thoroughfare, on which there is, or is to be a road. (3) In determining whether a lot has access to a dedicated road, the registrar of titles is not obliged to make enquiries but may rely on the endorsement of the local government on the plan and the schedule under subsection (1). 54 Transfer of lots comprising secondary thoroughfare to principal body corporate (1) Immediately upon registration of a plan of subdivision subdividing an initial lot or part of an initial lot, the registered proprietor of any lot shown on the plan as a secondary thoroughfare shall lodge with the registrar of titles all documents necessary to transfer free of mortgage that lot to the principal body corporate. (2) The principal body corporate shall not be required to make any payment or provide any consideration for such transfer. (3) Nothing in this section shall operate to relieve the applicant of the applicant's obligation to effect at the applicant's expense the initial construction of the secondary thoroughfare to the standard prescribed pursuant to section 89. 55 Amalgamation of secondary lot (1) The proprietor of 2 or more secondary lots within a residential precinct may amalgamate the lots by a plan of amalgamation. (2) The plan of amalgamation must— (a) be lodged with the local government; and (b) be accompanied by a schedule setting out the maximum number of lots into which the new secondary lot may be subdivided. 56 Approval of local government A local government may approve a plan of amalgamation that amalgamates secondary lots only if it is satisfied that the maximum number of lots into which the new secondary lot may be subdivided equals the total of the maximum number of lots into which the secondary lots being amalgamated could have been subdivided. 57 Registration of plan of amalgamation of secondary lots The registrar of titles may register a plan of amalgamation only if— (a) it is accompanied by a schedule setting out the maximum number of lots into which the new secondary lot may be subdivided; and (b) the plan and schedule have been approved by the local government. 58 Notice of amalgamation to principal body corporate On registration of a plan amalgamating secondary lots that are within a residential precinct, the proprietor of the new secondary lot must give written notice to the principal body corporate of— (a) the proprietor's full name and address for service; and (b) the date of registration of the plan; and (c) the description of the secondary lots amalgamated; and (d) the description of the new secondary lot; and (e) the maximum number of lots into which the new secondary lot may be subdivided. 59 Subdivision of secondary lots within residential precincts (1) Except as provided by subsections (2) to (3D), a secondary lot within a residential precinct may only be subdivided by way of a building units plan or a group titles plan. (2) For the purpose of the subsequent registration of a building units plan or a group titles plan over a lot thereby created, a secondary lot within a residential precinct may be subdivided by a plan of subdivision creating— (a) 1 or more secondary lots; or (b) 1 or more secondary lots and a lot or lots constituting a secondary thoroughfare. (3) The provisions of this Act relating to the subdivision of initial lots and to the effect of such subdivision shall apply in respect of a subdivision pursuant to subsection (2) as if a secondary lot being subdivided were an initial lot. (3A) However, the aggregate of the maximum numbers of lots stated in the schedule accompanying the plan of subdivision must be the same as the maximum number of lots into which the secondary lot may be subdivided. (3B) The plan of subdivision may also include a lot or lots constituting a primary thoroughfare. (3C) The local government must not approve a plan of subdivision mentioned in subsection (3B) unless the primary thoroughfare body corporate has given written consent to the creation of the primary thoroughfare. (3D) Section 33 applies to the primary thoroughfare as if it had been created on a plan mentioned in the section. (4) A plan of subdivision of a secondary lot within a residential precinct pursuant to subsection (1) shall be lodged with the local government. (5) A group titled plan of subdivision lodged pursuant to subsection (4) shall be accompanied by a statement by or on behalf of the proprietor of the secondary lot whether or not it is proposed to subdivide any lot thereby created by the registration of that plan by the registration of a building units plan and, if so, identifying that lot. (6) Where a group titles plan creates lots which it is proposed to further subdivide the plan shall be accompanied by a schedule setting out, in respect of each such lot, the maximum number of lots into which the lot may be subdivided. (7) Each lot shown on a plan lodged pursuant to this section, other than on a building units plan, must have access to a dedicated road whether directly or through all or any of the following— (a) the primary thoroughfare; (b) a secondary thoroughfare; (c) the common property shown on the plan. (8) A group titles plan lodged under subsection (4) must also be accompanied by a diagram showing the name and numbering, or proposed name and numbering, of each road that is, or is to be, on— (a) the primary thoroughfare, or part of the primary thoroughfare, shown on the plan; and (b) each secondary thoroughfare, or part of a secondary thoroughfare, shown on the plan. 60 Notice of subdivision to principal body corporate On registration of a plan subdividing a secondary lot that is within a residential precinct into secondary lots or secondary lots and secondary thoroughfare, the proprietor of the new secondary lots must give written notice to the principal body corporate of— (a) the proprietor's full name and address for service; and (b) the date of registration of the plan; and (c) the description of the secondary lot subdivided; and (d) the description of the new secondary lots; and (e) the maximum number of lots into which each new secondary lot may be subdivided. 61 Approval by local government (1) A local government shall not approve a group titles plan lodged with it pursuant to section 59 unless— (a) it is accompanied by the statement prescribed by section 59(5) and the diagram mentioned in section 59(8); and (b) each lot thereby created has the prescribed access; and (c) the aggregate of the lots thereby created that are not proposed to be subdivided and the number of lots specified in the schedule into which lots are proposed to be subdivided does not exceed the maximum number of lots into which the secondary lot may be subdivided. (2) A local government shall not approve a building units plan lodged with it pursuant to section 59 unless— (a) each lot thereby created has the prescribed access; and (b) the aggregate of the lots thereby created does not exceed the maximum number of lots into which the secondary lot may be subdivided. (3) Upon compliance with the provisions of subsections (1) and (2), the local government may approve of a building units plan or a group titles plan and, where a group titles plan was accompanied by a schedule referred to in section 59(6), that schedule. (4) The approval of a building units plan or group titles plan and of the schedule (if any) by the local government shall be by endorsement of its approval on the building units plan or group titles plan and any schedule. (5) Where the statement accompanying a group titles plan indicates that it is proposed to subdivide any lot thereby created, the local government shall endorse that fact on the plan. 62 Registration of building units plan or group titles plan over secondary lot (1) The registrar of titles shall not register a building units plan or a group titles plan referred to in sections 59 and 61 unless the plan has been endorsed with the approval of the local government under its seal and, in the case of a group titles plan that has endorsed thereon the fact that it is proposed to subdivide a lot thereby created, unless it is accompanied by a schedule referred to in section 59(6) duly endorsed with the local government's approval. (2) Notwithstanding the provisions of any other Act, for the purposes of the registration of a building units plan or a group titles plan referred to in section 59 a lot shall be taken to have access to a dedicated road if that lot has the access prescribed in section 59(7). 63 Subdivision of group titles lot by way of building units plan (1) Where a statement accompanying a group titles plan lodged with the local government pursuant to section 59 indicates that a lot thereby created is proposed to be subdivided by way of a building units plan, such a building units plan may be approved by the local government and may be registered by the registrar of titles and for that purpose section 10(1A) of the Building Units and Group Titles Act 1980 shall not apply. (2) The registration of a building units plan pursuant to subsection (1) shall, notwithstanding the provisions of the Building Units and Group Titles Act 1980, take effect as if it were a resubdivision of the original group titles plan. (3) Notwithstanding the provisions of section 27 of the Building Units and Group Titles Act 1980, where a secondary lot is subdivided by way of a group titles plan and a lot created by that group titles plan is subdivided by a building units plan pursuant to this section, the body corporate created by the registration of the group titles plan shall be deemed, for the purposes of applying the provisions of that Act, to be a body corporate created by the registration of a building units plan as if the group titles plan were a building units plan. 64 Subdivision of group title lot by way of a group titles plan (1) Where a group titles plan lodged for the approval of the local government has been accompanied by a statement that it is proposed to subdivide a lot shown therein by the registration of a building units plan, the local government shall not approve a subsequent group titles plan subdividing that lot unless the plan is accompanied by a statement to the like effect. (2) A subdivision of a group title lot by way of a group titles plan is a resubdivision of the original group titles plan within the meaning of section 10 of the Building Units and Group Titles Act 1980. 65 Application of Building Units and Group Titles Act to subdivisions (1) The Building Units and Group Titles Act 1980, section 10(1B) and (6)(b), does not apply to a subdivision under this division. (2) For the purposes of section 9(7) of the Building Units and Group Titles Act 1980, a plan of subdivision shall be taken to have complied with the requirements of the Local Government Act 1936 as modified by the Building Units and Group Titles Act 1980 in regard to the subdivision if the plan has complied with those requirements as modified by this Act. 66 Lot entitlements under Building Units and Group Titles Act 1980 (1) For the purposes of section 19(1) of the Building Units and Group Titles Act 1980, where a secondary lot in a residential precinct is subdivided by way of a group titles plan or a building units plan, the aggregate lot entitlement of the lots thereby created shall equal the maximum number of lots specified in respect of that secondary lot in the schedule that accompanied the plan of subdivision whereby that secondary lot was created. (2) The provisions of section 19(2) and (3) of the Building Units and Group Titles Act 1980 do not apply to any subdivision under this division. Division 3 Dealing with land outside residential precincts 67 Primary thoroughfare deemed to be dedicated road For the purposes of the subdivision of or other dealing with land within a precinct other than a residential precinct the primary thoroughfare, on which there is, or is to be a road, shall be deemed to be a dedicated road. Division 4 Matters applying to subdivision generally Subdivision A Extinguishment of plans 68 Extinguishment of plan A plan registered under this Act may be extinguished— (a) after unanimous resolution of the relevant body corporate; or (b) if the Supreme Court makes an order extinguishing the plan. 69 Order of Supreme Court to extinguish plan (1) An application to extinguish a plan may be made to the Supreme Court by— (a) the relevant body corporate; or (b) a proprietor of a lot; or (c) a registered mortgagee of a lot. (2) In considering an application to extinguish a plan, the Supreme Court must have regard to the rights and interests of the proprietors as a whole. (3) Subsection (2) does not limit the matters to which the Supreme Court may have regard. (4) If the Supreme Court makes an order extinguishing a plan, it must also order— (a) that the relevant body corporate be wound up; and (b) that the land comprised in the extinguished plan, and any property of the body corporate, be vested in the proprietors of the lots in the shares that the Supreme Court considers appropriate. 70 Registration (1) If the Supreme Court makes an order under section 69, the registrar of titles must take the action necessary to give effect to the order on lodgement for registration of a request to register the order. (2) If the relevant body corporate resolves to extinguish a plan, it must lodge with the registrar of titles— (a) a request to extinguish the plan; and (b) a copy of the unanimous resolution. (3) A request under subsection (1) or (2) may be registered only if every registered interest in the land the subject of the plan has been discharged, surrendered, withdrawn or otherwise disposed of. (4) On registration of a request under subsection (1) or (2)— (a) the plan is extinguished; and (b) the relevant body corporate is wound up; and (c) the land comprised in the extinguished plan is vested— (i) in the case of a building units plan—in the proprietors in shares proportional to the lot entitlements of the proprietors' respective lots; or (ii) in the case of a group titles plan or plans that create initial lots or secondary lots—in the proprietors in the shares agreed by the proprietors by unanimous resolution or in the shares ordered by the Supreme Court; and (d) all property of the body corporate is vested in the proprietors in the same shares as the land comprised in the plan is vested under paragraph (c). 71 Notification of local government The registrar of titles must notify the relevant local government on registration under section 70 of the request to extinguish the plan. Subdivision B Boundary adjustment plans 72 Boundary adjustment plan (1) The boundary of an initial lot or a secondary lot within the site of an approved scheme may be adjusted by a boundary adjustment plan if— (a) the adjustment is minor and necessary to resolve a problem in relation to the management, development or subdivision of the site; and (b) each proprietor, mortgagee and registered lessee of a lot the boundary of which is to be adjusted consents to the adjustment; and (c) if the adjustment alters the boundary of primary thoroughfare or secondary thoroughfare—the adjustment is approved by the primary thoroughfare body corporate, or principal body corporate, by special resolution. (2) A proprietor mentioned in subsection (1)(b) may lodge the boundary adjustment plan with the local government. (3) The local government may approve a boundary adjustment plan only if it is satisfied that— (a) the adjustment is minor and necessary to resolve a problem in relation to the management, development or subdivision of the site; and (b) the consents mentioned in subsection (1)(b) have been given; and (c) if applicable—the approval mentioned in subsection (1)(c) has been given. (4) If the local government— (a) refuses to approve a boundary adjustment plan; or (b) fails to approve it within 40 days of receiving it; the proprietor that lodged the plan may appeal to the Planning and Environment Court. (5) An appeal is started by lodging a written notice of appeal with the registrar of the Planning and Environment Court. (6) The notice of appeal must be in the approved form and succinctly state the grounds of the appeal. (7) The Planning and Environment Court Act 2016, part 5 applies, with necessary changes, to the appeal as if the appeal were a Planning Act appeal under that Act. 73 Registration of boundary adjustment plan (1) The registrar of titles may register a boundary adjustment plan only if the plan has been approved by the local government. (2) The registrar of titles does not have to be satisfied of the matters mentioned in section 72(1) but may rely on the local government's approval of the plan. 74 Effect of boundary adjustment plan (1) A boundary adjustment plan registered under this subdivision does not affect the voting entitlement that applied to any lot before registration of the plan. (2) A registered mortgage, lease or other registered interest in a lot adjusted by the registration of a boundary adjustment plan— (a) is not affected by the registration of the plan; and (b) is taken to relate to the adjusted lot. Subdivision C Easements 75 Implied easements (1) Unless an easement is created for a particular service, there is implied— (a) as belonging to any lot or common property within the site—an easement for the passage or supply of the service through or by way of pipes, poles, wires, cables or ducts (to be laid down or erected or that are already existing) in or over the site to the extent to which the service is capable of being used in the enjoyment of the lots or common property; and (b) as affecting any lot or common property within the site—an easement for the passage or supply of the service through or by way of pipes, poles, wires, cables or ducts (to be laid down or erected or that are already existing) in or over the site to the extent to which the service is capable of being used in the enjoyment of lots or common property. (2) Subsection (1) does not affect easements belonging to and affecting lots in a plan created under the Building Units and Group Titles Act 1980. (3) If a multiple occupancy building is situated on 2 or more group title lots, the proprietor of a lot on which there is situated a part of the building that is intended for separate occupation is entitled to the right conferred by subsection (4). (4) In relation to any roofs, eaves, gutters, downpipes or foundations (the build