Queensland: Mixed Use Development Act 1993 (Qld)

Mixed Use Development Act 1993 An Act providing for the approval, development and management of schemes of mixed use development, and for other purposes Part 1 Preliminary 1 Short title This Act may be cited as the Mixed Use Development Act 1993. 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Definitions The dictionary in schedule 5 defines particular words used in this Act. 4 Words and expressions used in Building Units and Group Titles Act Unless the contrary intention appears, words and expressions used in the Building Units and Group Titles Act 1980 have the same respective meanings in this Act. 4A 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 Basic concepts 5 Purpose of this part (1) The purpose of this part is to assist in the understanding of this Act. (2) The part sets out some of the concepts that are important for an understanding of this Act. 6 Mixed use scheme (1) A mixed use scheme is a scheme that, if approved— (a) will allow the development of land that consists of 2 or more different classes of uses; and (b) will relate to property that is to be shared by some or all owners and occupiers of lots within the site of the development. (2) An approved mixed use scheme will allow the development and subdivision of land in a way not otherwise permitted by law. 7 Types of development suitable for a mixed use scheme (1) Approval of a mixed use scheme may be sought in relation to different types of developments or proposed developments of land. (2) For example, an industrial site, an inner city site or a site for a tourist complex may be developed or redeveloped under a mixed use scheme. (3) A site for a single building or a site on which there is already a single building, in certain circumstances, may be able to be developed or redeveloped under a mixed use scheme. 8 Proposed uses of mixed use scheme to be consistent with the planning scheme (1) A mixed use scheme may be approved only if the uses under the scheme are consistent with the planning scheme for the proposed site. (2) If a proposed use is inconsistent with the planning scheme for the site, an application to amend the planning scheme to enable the use to be lawfully established may be given to the relevant local government with the application for approval of the mixed use scheme. 9 The site The site of a mixed use scheme consists of the land within the boundaries of an approved mixed use scheme. 10 Future development area (1) An application for approval of a mixed use scheme may identify an area in relation to which development is planned for the future. (2) The area identified is called a future development area. (3) A provisional approval may be granted in relation to the area and an application for its inclusion in the site of the mixed use scheme may be made at a later stage. 11 First subdivision of the site (1) The first subdivision of the site is by a plan called a community plan. (2) This plan must subdivide the whole site. 12 The community plan (1) The community plan— (a) is a plan that subdivides the site into lots; or (b) comprises a number of plans that subdivide the site into lots. (2) These lots are called community development lots and community property lots. (3) There must be— (a) at least 1 community development lot; and (b) at least 1 community property lot. 13 Community development lots (1) A community development lot is initially owned by the person that owned the land subdivided by the community plan. (2) A community development lot may be further developed under the mixed use scheme. 14 Community property lots (1) Community property lots are shared by, and are property that is common to, owners of community development lots. (2) Community property lots— (a) usually provide access to the community development lots; but (b) may contain improvements. 15 Community body corporate (1) A body corporate is incorporated on registration of the community plan. (2) This body corporate is the community body corporate. (3) The community property lots are transferred to the community body corporate. (4) The community body corporate is responsible for, and may make by-laws in relation to, the ongoing management of the community property lots. 16 Staged development If a community development lot is to be developed in stages, it may be subdivided by a precinct plan. 17 Precinct plan (1) A precinct plan is a plan that subdivides a community development lot into lots. (2) These lots are called precinct development lots and precinct property lots. (3) There must be— (a) at least 1 precinct development lot; and (b) the number of precinct property lots (if any) that is necessary to ensure access to precinct development lots. (4) If the precinct development lots and any precinct property lots do not comprise the whole of the community development lot, a further lot is also created. (5) This lot is called a balance precinct development lot. 18 Balance precinct development lots (1) A balance precinct development lot is initially owned by the person that owned the community development lot subdivided by the precinct plan. (2) A balance precinct development lot may be subdivided by a further precinct plan as if it were a community development lot. 19 Precinct development lots A precinct development lot is initially owned by the person that owned the community development lot or balance precinct development lot subdivided by a precinct plan. 20 Precinct property lots (1) Precinct property lots are shared by, and are property that is common to, owners of precinct development lots. (2) Precinct property lots— (a) usually provide access to the precinct development lots; but (b) may contain improvements. 21 Precinct body corporate (1) A body corporate is incorporated on registration of the first precinct plan subdividing a community development lot. (2) This body corporate is a precinct body corporate. (3) The precinct property lots created by a precinct plan are transferred to the precinct body corporate. (4) The precinct body corporate is responsible for, and may make by-laws in relation to, the ongoing management of the precinct property lots. 22 Subdivision of community development lots and precinct development lots by group titles and building units plans (1) A community development lot or precinct development lot may be subdivided by— (a) a group titles plan; or (b) a building units plan. (2) A group titles plan that subdivides a community development lot or precinct development lot creates group title lots. (3) A group title lot may be further subdivided by— (a) a group titles plan; or (b) a building units plan. (4) If a community development lot is subdivided by a group titles or building units plan, it may not then be subdivided by a precinct plan. 23 Stratum subdivision (1) A community development lot, precinct development lot or balance precinct development lot may be subdivided by a stratum plan. (2) A stratum plan that subdivides a community development lot creates community stratum lots. (3) A stratum plan that subdivides a precinct development lot or balance precinct development lot creates precinct stratum lots. (4) A community stratum lot or precinct stratum lot may be further subdivided by a building units plan. (5) A stratum plan may be registered only if it is accompanied by a management statement. (6) A management statement is a document that— (a) regulates a building and its site; or (b) is intended to regulate a proposed building and its site. (7) The management of the building and its site is the responsibility of a building management committee. 24 Membership of community body corporate On subdivision of site by community plan (1) On registration of the community plan, the owners of the community development lots become members of the community body corporate. (2) On subdivision of community development lot by stratum plan On registration of a stratum plan subdividing a community development lot, the owners of the community stratum lots become members of the community body corporate in place of the owner of the community development lot. (3) On subdivision of community stratum lot by building units plan If a community stratum lot is subdivided by a building units plan, the body corporate incorporated by registration of the building units plan becomes a member of the community body corporate in place of the owner of the community stratum lot. (4) On subdivision of community development lot by building units or group titles plan If a community development lot is subdivided by a building units or group titles plan, the body corporate incorporated by registration of the plan becomes a member of the community body corporate in place of the owner of the community development lot. (5) On subdivision of community development lot by precinct plan If a community development lot is subdivided by a precinct plan, the precinct body corporate incorporated by registration of the plan becomes a member of the community body corporate in place of the owner of the community development lot. 25 Membership of precinct body corporate (1) On subdivision of community development lot by precinct plan On registration of a precinct plan, the owners of the precinct development lots and any balance precinct development lot become members of the precinct body corporate. (2) On subdivision of precinct development lot by stratum plan On registration of a stratum plan subdividing a precinct development lot, the owners of the precinct stratum lots become members of the precinct body corporate in place of the owner of the precinct development lot. (3) On subdivision of precinct stratum lot by building units plan If a precinct stratum lot is subdivided by a building units plan, the body corporate incorporated by registration of the building units plan becomes a member of the precinct body corporate in place of the owner of the precinct stratum lot. (4) On subdivision of precinct development lot by building units or group titles plan If a precinct development lot is subdivided by a building units or group titles plan, the body corporate incorporated by registration of the plan becomes a member of the precinct body corporate in place of the owner of the precinct development lot. (5) On subdivision of group title lot by building units plan If a group title lot is subdivided by a building units plan, the owners of the building unit lots become members of the body corporate incorporated by registration of the group titles plan that created the group title lot. (6) A further body corporate is not incorporated on subdivision of a group title lot by a building units plan. Part 3 Scheme of mixed use development Division 1 Approval of schemes 26 Minimum requirements for approval of scheme (1) A scheme may be approved under this Act only if it provides for at least— (a) a mixed use development; and (b) community property; and (c) the division of the site into precincts specifying— (i) the name of each precinct; and (ii) generally, the intended development of each precinct; and (iii) the permitted uses of the land within each precinct. (2) Subsection (1) does not limit the matters that may be included in the scheme. 27 Land taken to be zoned for mixed use development If— (a) land is proposed to be used for a mixed use development; and (b) the uses proposed for the mixed use development may be lawfully established— (i) on an as of right basis under the planning scheme that applies to the proposed site; or (ii) because a town planning consent permit exists; the land is taken to be zoned for the mixed use development. 28 Application for approval of scheme (1) An application for approval of a scheme may be made to the relevant local government. (1A) However, on and from the commencement of this subsection, no further applications for approval may be made (other than an application that, under a provision of this Act other than this division, is required to be made under this division). (2) Except in relation to land intended to be freeholded, the application may be made only in relation to land that— (a) is taken to be zoned for the mixed use development proposed; or (b) if not taken to be zoned for the mixed use development proposed—is the subject of an application to amend a planning scheme under the Local Government (Planning and Environment) Act 1990 that, if approved, would allow the mixed use development. (3) The application must— (a) be in writing; and (b) be signed by the applicant; and (c) be in the form (if any) determined by the local government; and (d) set out or be accompanied by the matters mentioned in subsection (4). (4) The matters required by subsection (3) are— (a) the name of the proposed mixed use development; and (b) the name and address of the applicant; and (c) the address of— (i) the site; and (ii) any other land proposed to be used in conjunction with the mixed use development; and (d) the name and address of— (i) each owner (other than the applicant) of land within the site; and (ii) each owner of any other land that is proposed to be used in conjunction with the mixed use development; and (e) the written consent of each owner mentioned in paragraph (d) to the inclusion of the owner's land in the scheme, signed by the owner; and (f) advice that the land comprising the site is freehold land or is intended to be freeholded; and (g) details of the existing and proposed form of tenure of any land outside the site that is proposed to be used as part of the scheme; and (h) details of each matter for which approval is required, or that must be done, under another Act before approval of the scheme may be granted; and (i) details of all agreements that relate to land within the site; and (j) evidence of all— (i) undertakings affecting the proposed development given by an interested person; and (ii) contracts affecting the proposed development entered into between the applicant and another interested person; and (k) a schedule setting out the type and extent of development in each precinct; and (l) details of any minimum lot sizes, height restrictions, building setback requirements, car parking requirements and other requirements that are proposed for the site; and (m) a schedule setting out the voting entitlements, and the way of calculating the voting entitlements, of members of the community body corporate; and (n) the proposed plan of development for the scheme. (5) The proposed plan of development must— (a) include— (i) a site plan; and (ii) a delineation of the site; and (iii) real property descriptions and, if appropriate, metes and bounds descriptions; and (b) identify the location, and specify the area, of each of the proposed precincts; and (c) specify the name of each proposed precinct; and (d) specify the proposed uses to be permitted within each precinct; and (e) identify the staged use precincts proposed at the time; and (f) identify on the site plan the relationship between the site and any adjoining lands; and (g) identify any lands outside the site that are proposed to be used in conjunction with the establishment or operation of the proposed mixed use development; and (h) identify— (i) the proposed community property; and (ii) any community thoroughfare; and (iii) the access points to the site from roads outside the site; and (i) identify the proposed roads and other proposed major engineering works within the site; and (j) identify existing easements and reserves; and (k) identify existing buildings; and (l) identify any watercourse lines, flood lines, storm surge levels, waterholes and similar features. (6) If the application relates to land that is taken to be zoned for the proposed mixed use development, a matter mentioned in subsection (4) is required to be set out in, or accompany, the application only if the applicant has not already given the relevant information or material to the local government. (7) A matter mentioned in subsection (4) or (5) may be expressed in words or by way of words and a diagram. (8) In this section— interested person means the applicant, the local government, the State, the Commonwealth or the provider of a public utility service. 29 Decision on application if site taken to be appropriately zoned (1) The local government must decide, in accordance with this section, an application for approval of a scheme in relation to a site that is taken to be zoned for the mixed use development proposed. (2) The local government must decide the application— (a) within 40 days of receiving it; or (b) if the local government extends or further extends the period—before the end of the extended period. (3) An extension has effect subject to any written direction given by the Minister to the local government— (a) shortening the extension; or (b) directing that the extension ceases to have effect on the giving of the direction. (4) The local government must notify the applicant of any extension before the extension starts. (5) The local government may— (a) approve the scheme; or (b) approve the scheme subject to reasonable and relevant conditions determined by it; or (c) refuse to approve the scheme. 30 Decision on application if site requires rezoning (1) The local government must decide, in accordance with this section, an application for approval of a mixed use scheme in relation to a site that is not taken to be zoned for the mixed use development proposed. (2) The application for approval of the mixed use scheme may accompany the application to amend the relevant planning scheme to allow the mixed use development proposed. (3) The public notice and objection requirements that apply under the Local Government (Planning and Environment) Act 1990 to the application to amend the planning scheme do not apply to the application for approval of the mixed use scheme. (4) If the application for approval of the mixed use scheme accompanies the application to amend the planning scheme, the local government must decide both applications at the same time. (5) The local government may— (a) approve the mixed use scheme; or (b) approve the mixed use scheme subject to reasonable and relevant conditions determined by it; or (c) refuse to approve the mixed use scheme. 31 Notification of decision on application (1) The local government must notify the applicant of its decision within 10 days after it is made. (2) The notification must include— (a) the decision and its date; and (b) if the application has been refused—the grounds for the refusal; and (c) if the application has been approved—any conditions that attach to the approval; and (d) details of— (i) the way an applicant may appeal against the refusal or against any conditions to which the approval is subject; and (ii) the time within which an appeal must be made. 32 Submission of scheme by local government (1) The local government must submit the scheme approved by it to the Minister. (2) The scheme must be accompanied by— (a) details of the assessment of the scheme made by the local government; and (b) details of any conditions determined by it in relation to the scheme; and (c) details of any decision of the Planning and Environment Court in relation to the scheme; and (d) any other matters required by the Minister. (3) The scheme must be submitted to the Minister within— (a) if the scheme is approved without conditions—14 days after the local government's decision; or (b) if the time for starting an appeal has ended and no appeal has been started— (i) if security is required to be lodged with the local government to ensure compliance with the conditions to which the scheme is subject—14 days after lodgment of the security; or (ii) if security is not required—14 days after the end of the appeal period; or (c) if (in a case to which paragraph (e) does not apply) an appeal has been made and the appeal has been determined by a decision of the court— (i) 14 days after the decision; or (ii) another period determined by the court; or (d) if (in a case to which paragraph (e) does not apply) an appeal has been made and the appeal has been determined otherwise than by a decision of the court—14 days after the determination; or (e) if, because of the determination of an appeal, the applicant is required to lodge security with the local government to ensure compliance with conditions to which the scheme is subject—14 days after lodgment of the security. (4) For the purposes of subsection (3), if, before the end of the period mentioned in the subsection, the applicant gives a written notice to the local government stating that the applicant will not appeal against the local government's decision, the time for starting an appeal is taken to have ended on receipt by the local government of the notice. 33 Approval of scheme (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 scheme to the person. 34 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 Future development areas 35 Application that includes future development area (1) An application under division 1 for the approval of a scheme (the primary application) may identify an area (a future development area) in relation to which— (a) provisional approval is sought; and (b) a subsequent application is proposed to be made under division 1. (2) A future development area may only contain freehold land or land intended to be freeholded. (3) Except in relation to land intended to be freeholded, the primary application may include a future development area only if the land in the future development area— (a) is taken to be zoned for the mixed use development proposed; or (b) if not taken to be zoned for the mixed use development proposed—is the subject of an application to amend a planning scheme under the Local Government (Planning and Environment) Act 1990 that, if approved, would allow the mixed use development proposed. (4) The primary application may include a future development area only if— (a) the future development area is contiguous with the other land mentioned in the application; and (b) the intended use of the future development area is compatible with the intended use of the other land. (5) For the purposes of subsection (4), a future development area that is separated from the other land only by a road, railway, tramway or boundary watercourse is taken to be contiguous with the other land. (6) If the primary application identifies a future development area, the applicant must, in addition to giving the information and material required by division 1, give to the local government— (a) the address of the future development area; and (b) a site plan and delineation of the future development area, including real property descriptions and, if appropriate, metes and bounds descriptions; and (c) the name and address of each owner (other than the applicant) of land within the future development area; and (d) the written consent of each owner mentioned in paragraph (c) to the inclusion of the owner's land in the future development area; and (e) advice that the land in the future development area is freehold land or is intended to be freeholded. (7) The site plan must identify— (a) the relationship between the future development area, the site and any adjoining lands; and (b) any lands outside the future development area that are proposed to be used in conjunction with the establishment or operation of the proposed development; and (c) any access points to the future development area from roads outside the future development area; and (d) existing easements and reserves; and (e) any watercourse lines, flood lines, storm surge levels, waterholes and similar features; and (f) the nature and extent of development proposed in the future development area. 36 Provisional approval (1) An application for provisional approval for a future development area is to be made, and dealt with and approved in the same way and within the same time as the application under division 1 for approval of a scheme. (2) The requirements of section 34 that apply to the approved scheme also apply to a future development area that has been provisionally approved in relation to the approved scheme. 37 Application for revocation of provisional approval (1) The proprietor of land in a future development area that is the subject of a provisional approval may apply to have the approval revoked in relation to all or part of the land. (2) An application may not be made in relation to any part of the future development area that has been the subject of an application under section 40. (3) Before making the application, the proprietor must give written notice of the proprietor's intention to make the application to— (a) the community body corporate; and (b) the precinct bodies corporate; (if these exist) inviting written comments from their members before a specified day (not less than 30 days after the giving of the notice). (4) The application must be made in writing to the Minister and include— (a) a copy of the notice given under subsection (3); and (b) any written comments of the members of the community body corporate or the precinct bodies corporate received by the applicant; and (c) other matters that the Minister considers necessary. 38 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. 39 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. 40 Application for subsequent stages (1) An application may be made to the relevant local government under division 1 in relation to all or part of a future development area that is the subject of a provisional approval. (2) The future development area or part of the future development area that is the subject of an application under division 1 is called a subsequent stage. (3) Division 1 applies to the application for approval of a subsequent stage. (4) However, if the local government is satisfied that a matter required under division 1 for the application has previously been complied with, the local government may dispense with the matter. (5) The application may be made only if— (a) all necessary amounts have been paid to the local authority; and (b) all necessary undertakings and securities have been given to, or lodged with, the local authority; under an agreement entered into between the applicant and the local authority. (6) The application must— (a) indicate that the subsequent stage is to be divided into precincts; and (b) specify— (i) the name of each precinct; and (ii) generally, the intended development of each precinct; and (iii) the permitted uses of the land within each precinct; and (c) be accompanied by a schedule setting out the voting entitlements, and the way of calculating the voting entitlements, of proposed members of the community body corporate. (7) An application in relation to a subsequent stage in a future development area may be made at any time. (8) Land in a subsequent stage is to be subdivided under part 5 in the same way as land within the site of a scheme. Division 3 Amendment of approved schemes 41 Application for amendment of an approved scheme (1) The applicant may apply to the relevant local government for approval of an amendment of an approved scheme. (2) The application must be— (a) in writing; and (b) signed by the applicant; and (c) in the form (if any) determined by the local government. (3) A matter in the application may be expressed in words or by way of words and a diagram. (4) Subject to section 51, if the applicant is the community body corporate, it may apply to amend the approved scheme only if— (a) the amendment proposed has been set out in a motion given to its members; and (b) the motion for the proposed amendment has been carried by comprehensive resolution of the body corporate. (5) The application must be accompanied by— (a) a copy of the motion; and (b) evidence that it has been carried by comprehensive resolution. 42 Application for amendment to add land to the site (1) If the amendment proposed includes the addition to the site of land outside the site— (a) the intended use of the additional land— (i) must be permitted by the relevant planning scheme; or (ii) if not permitted by the relevant planning scheme—must be the subject of an application to amend a planning scheme under the Local Government (Planning and Environment) Act 1990 that, if approved, would allow the use intended; and (b) the intended use of the additional land must be compatible with the approved scheme. (2) The application to add additional land must set out or be accompanied by— (a) the name of the scheme; and (b) the name and address of the applicant; and (c) the address of the additional land; and (d) the name and address of each owner (other than the applicant) of— (i) the additional land; and (ii) any land outside the site and the future development area that is proposed to be used in conjunction with the mixed use development; and (e) the written consent of each owner mentioned in paragraph (d) to the addition of the owner's land to the site, signed by the owner; and (f) advice that the additional land is freehold land or is intended to be freeholded; and (g) details of each matter for which approval is required, or that must be done, under another Act before approval of the amendment of the approved scheme may be given; and (h) details of all agreements that relate to any part of the additional land; and (i) evidence of all— (i) undertakings affecting the proposed development of the additional land given by an interested person; and (ii) contracts affecting the proposed development of the additional land entered into between the applicant and another interested person; and (j) a schedule setting out the type and extent of development in each precinct; and (k) details of any minimum lot sizes, height restrictions, building setback requirements, car parking requirements and other requirements that are proposed for the additional land; and (l) a schedule specifying the voting entitlements and the methods of calculating the voting entitlements of existing and proposed members of the community body corporate; and (m) the proposed plan of development for the additional land. (3) The proposed plan of development must— (a) include— (i) a site plan; and (ii) a delineation of the additional land; and (iii) real property descriptions and, if appropriate, metes and bounds descriptions; and (b) identify the location and specify the area of each of the proposed precincts; and (c) specify the name of each proposed precinct; and (d) specify the proposed uses to be permitted within each precinct; and (e) identify any proposed staged use precincts; and (f) identify on the site plan the relationship between the site and the additional land; and (g) identify any lands outside the site and the future development area (other than additional land) that are proposed to be used in conjunction with the establishment or operation of the mixed use development; and (h) identify— (i) the proposed roads and other proposed major engineering works within the additional land; and (ii) the access points to the additional land from roads outside the land; and (i) identify existing and proposed easements and reserves; and (j) identify any watercourse lines, flood lines, storm surge levels, waterholes and similar features. (4) In this section— interested person means the applicant, the local government, the State, the Commonwealth or the provider of a public utility service. 43 Application not adding additional land An application for approval to amend a scheme that does not relate to additional land must include— (a) details of the proposed amendment and an explanation of the nature and extent of the amendment; and (b) any other relevant matters required by the local government. 44 Certain amendments not allowed after community plan registered An applicant may not apply for approval to amend a precinct boundary, or vary a precinct boundary under section 51, after the community plan has been registered. 45 Decision on application if application to amend planning scheme not required (1) The local government must decide, in accordance with this section— (a) an application for approval of an amendment that relates to additional land the use of which is permitted by the relevant planning scheme; or (b) an application for approval of an amendment that does not relate to additional land. (2) The local government must decide the application— (a) within 40 days of receiving it; or (b) if the local government extends or further extends the period—before the end of the extended period. (3) An extension has effect subject to any written direction given by the Minister to the local government— (a) shortening the extension; or (b) directing that the extension ceases to have effect on the giving of the direction. (4) The local government must notify the applicant of any extension before the extension starts. (5) The local government may— (a) approve the amendment of the scheme; or (b) approve the amendment of the scheme subject to reasonable and relevant conditions determined by it; or (c) refuse to approve the amendment of the scheme. 46 Decision on application if amendment of planning scheme required (1) The local government must decide, in accordance with this section, an application for approval of an amendment of a mixed use scheme that relates to additional land the use of which is not permitted by a planning scheme. (2) The application for approval of the amendment of the mixed use scheme may accompany the application to amend the relevant planning scheme to allow the use proposed for the additional land. (3) The public notice and objection requirements that apply under the Local Government (Planning and Environment) Act 1990 to the application to amend the planning scheme do not apply to the application for approval of the amendment of the mixed use scheme. (4) If the application for approval of amendment of the mixed use scheme accompanies the application to amend the relevant planning scheme, the local government must decide both applications at the same time. (5) The local government may— (a) approve the amendment of the mixed use scheme; or (b) approve the amendment of the mixed use scheme subject to reasonable and relevant conditions determined by it; or (c) refuse to approve the amendment of the mixed use scheme. 47 Notification of decision on application (1) The local government must notify the applicant of its decision within 10 days after it is made. (2) The notification must include— (a) the decision and its date; and (b) if the application has been refused—the grounds for the refusal; and (c) if the application has been approved—any conditions to which the approval is subject; and (d) details of— (i) the way an applicant may appeal against the refusal or against any conditions to which the approval is subject; and (ii) the time within which an appeal must be made. 48 Submission of amendment of scheme approved by local authority (1) The local government must submit the amendment of the scheme approved by it to the Minister. (2) The amendment must be accompanied by— (a) details of the assessment of the amendment of the scheme made by the local government; and (b) details of any conditions determined by it in relation to the amendment; and (c) details of any decision of the Planning and Environment Court in relation to the amendment; and (d) any other matters required by the Minister. (3) The amendment must be submitted to the Minister within— (a) if the amendment is approved without conditions—14 days after the local government's decision; or (b) if the time for starting an appeal has ended and no appeal has been started— (i) if security is required to be lodged with the local government to ensure compliance with the conditions to which the approval of the amendment is subject—14 days after lodgment of the security; or (ii) if security is not required—14 days after the end of the appeal period; or (c) if (in a case to which paragraph (e) does not apply) an appeal has been made and the appeal has been determined by a decision of the court— (i) 14 days after the decision; or (ii) another period determined by the court; or (d) if (in a case to which paragraph (e) does not apply) an appeal has been made and the appeal has been determined otherwise than by a decision of the court—14 days after the determination; or (e) if, because of the determination of an appeal, the applicant is required to lodge security with the local government to ensure compliance with conditions to which the approval of the amendment is subject—14 days after lodgment of the security. (4) For the purposes of subsection (3), if, before the end of the period mentioned in the subsection, the applicant gives a written notice to the local government stating that the applicant will not appeal against the local government's decision, the time for starting an appeal is taken to have ended on receipt by the local government of the notice. 49 Approval of amendment of scheme (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 amendment relates to additional land— (a) the additional land becomes part of the scheme; and (b) the additional land is to be subdivided under part 5 in the same way as land within the site of a scheme. (3) 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. (4) 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. (5) The registrar of titles must note the amendment on the plan of development. 50 Notation of amendment If the amendment relates to additional land, the local government and the chief executive must each make an appropriate notation of the approved amendment on— (a) relevant zoning maps; and (b) any relevant regulatory maps; and (c) any relevant development control plan maps. 51 Minor variation of precinct boundaries (1) The relevant local government may approve an application to vary the boundaries of a precinct if, in its opinion, the variation is minor. (2) If the local government approves the variation, it must submit it to the Minister. (3) The Minister may— (a) approve the variation; or (b) refuse to approve the variation. (4) The provisions of this Act that apply to— (a) the approval of a scheme; or (b) the approval of an amendment of a scheme; do not apply to the approval of a minor variation under this section. (5) If the Minister approves the variation, the chief executive must give the registrar of titles and the local government a new plan of development that includes the minor variation. Division 4 Appeals 52 Appeals to the Planning and Environment Court (1) This section applies to the following decisions of a local government— (a) a decision refusing to approve a scheme; (b) a decision approving a scheme subject to conditions; (c) a decision refusing to approve an amendment of a scheme; (d) a decision approving an amendment of a scheme subject to conditions; (e) a decision refusing to approve a subsequent stage; (f) a decision approving a subsequent stage subject to conditions; (g) a decision refusing a provisional approval of a future development area; (h) a decision approving a provisional approval of a future development area subject to conditions. (2) An applicant may appeal to the Planning and Environment Court in relation to— (a) a decision to which this section applies; and (b) a failure of a local government to decide an application under this part within the time prescribed by this part. (3) A person may appeal in relation to a decision mentioned in subsection (1)(g) only if— (a) the application under division 1 that identifies the future development area has been approved; or (b) if the application under division 1 has been refused—an appeal against this refusal accompanies the appeal in relation to the decision mentioned in subsection (1)(g). (4) For the purposes of subsection (2)(b), a failure of local government to decide an application is taken to be a refusal of the local government to approve the application. (5) If— (a) an application under this part accompanies an application for amendment of a planning scheme; and (b) both applications are refused by the local government; an appeal may be made in relation to the application under this part only if an appeal is also made in relation to the other application. (6) Part 7 (Appeals) of the Local Government (Planning and Environment) Act 1990 applies to an appeal under this section with any necessary modifications. Division 5 Effect of approval of scheme 53 Approved scheme regulates development etc. of site (1) The mixed use scheme regulates the development and use of land within the site. (2) The mixed use scheme modifies any planning scheme in force in relation to the site to the extent the planning scheme is inconsistent with the mixed use scheme. (3) However, the mixed use scheme cannot increase the uses permitted by the planning scheme. (4) Part 5 (Subdivision applications) of the Local Government (Planning and Environment) Act 1990 does not apply to the site. (5) Subdivision of land by-laws made under the Local Government Act 1936 do not apply to the site. (6) By-laws or ordinances made by a local authority under any Act do not apply to the site so far as they are inconsistent with this Act or the 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 scheme as a permitted use in relation to the precinct. Division 6 Rescission of approved schemes 54 Application for rescission (1) The applicant may apply to the Minister for rescission of the 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 108. (4) If all plans have been extinguished, the application for rescission must be made by all proprietors within the site. 55 Rescission of approval (1) The Minister must consider the application and discuss it with the local government. (2) The Governor in Council may— (a) approve the rescission; or (b) approve the rescission subject to conditions; or (c) refuse to approve the rescission. (3) If the Governor in Council approves the rescission, the chief executive must— (a) notify the approval of the rescission 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 rescission 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 rescission on the plan of development; and (d) send a copy of the approval to the registrar of titles and the local government. (4) 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 rescission to the person. (5) The registrar of titles must note the rescission on the plan of development. 56 Notation of rescission The local government and chief executive must each make an appropriate notation of the rescission of the scheme on— (a) relevant zoning maps; and (b) any relevant regulatory maps; and (c) any relevant development control maps. 57 Effect of rescission (1) On rescission of an approved scheme— (a) the provisions of this Act that applied because of the scheme no longer apply; and (b) the provisions of the Canals Act 1958 prescribed for the purposes of section 156 again apply. (2) Nothing in subsection (1) affects anything lawfully done before the rescission of the approved scheme. Division 7 Unauthorised uses 58 Use of construction works 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 division 1. Maximum penalty—500 penalty units. 59 Use of land etc. within a precinct 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 scheme as a permitted use in relation to the precinct. Maximum penalty—200 penalty units. Part 4 The site 60 The site (1) The site of a scheme consists of all land within the boundaries of the site set out in the scheme. (2) The site must consist only of freehold land and land intended to be freeholded. (3) Despite any other Act or law, the site may include land mentioned in subsection (2) that is, or may become, inundated by water or subject to tidal influence. (4) 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. 61 Grant of Crown land (1) The power conferred by the Land Act 1962 on the Governor in Council to grant in fee simple any Crown land within Queensland includes, in relation to Crown 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 1962. (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 cannot reasonably be used otherwise than in relation to the site. 62 Site forms part of local authority 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 Subdivision of site by community plan 63 Lodgment of community plan (1) After the approval of a scheme by the Governor in Council, the proprietor of land within the site must lodge with the local government a community plan subdividing land within the site into— (a) a lot that comprises, or lots that together comprise, the community property as provided for in the scheme; and (b) a community development lot that comprises, or community development lots that together comprise, the balance of the land within the site. (2) The community plan must— (a) identify the community property; and (b) be accompanied by a schedule setting out the voting entitlement applicable to each community development lot. 64 Approval of community plan (1) The local government may approve a community plan and schedule only if it is satisfied that— (a) each lot comprising community property is shown on— (i) the plan; or (ii) a previous plan approved by the local government that forms part of the community plan; and (b) each community development lot has access to a dedicated road outside the site directly or through the community thoroughfare that is, or is to be, constructed on the community property; and (c) if there is more than 1 community development lot in a precinct—the combined voting entitlement of the lots equals the voting entitlement of the precinct; and (d) the provisions of the scheme that apply to the lots on the plan have been complied with; and (e) the lots on the plan have been, or will be, provided with essential services. (2) For the purposes of subsection (1)(b)— (a) if the site is on an island and there is no dedicated road adjoining the site—a community development lot is taken to have access to a dedicated road if the lot or the community thoroughfare adjoins the foreshore; or (b) if the site is remote and there is no dedicated road adjoining the site—a community development 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. (3) If a community development lot is taken to have access to a dedicated road under subsection (2), a lot is also taken to have access to a dedicated road if created by the subdivision of— (a) the community development lot; or (b) a lot created by the subdivision of the community development lot. (4) Subsection (3) has effect subject to the provisions of this Act that relate to access. 65 Registration of community plan (1) The registrar of titles may register a community plan only if— (a) it includes the subdivision of the site into a lot or lots comprising the community property or a plan that forms part of the community plan has previously created community property and been registered by the registrar of titles; and (b) it is accompanied by a schedule setting out the voting entitlement applicable to each community development lot; 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. 66 Vesting of community property in community body corporate (1) On registration of the community plan creating lots comprising the community property and after registration of the necessary transfer by the registrar of titles, the lots are transferred to the community body corporate. (2) If land that is to become community property is mortgaged, the transfer may be registered only if the mortgage has been released. (3) The registrar of titles must issue certificates of title in the name of the community body corporate. (4) The community body corporate must not be required to make any payment or provide any consideration for the transfer. (5) This section does not affect the operation of section 150. Division 2 Amalgamation of community development lots by community plan of amalgamation 67 Community plan of amalgamation (1) The proprietor of 2 or more community development lots on a community plan may amalgamate the lots by a community plan of amalgamation. (2) The community plan of amalgamation must— (a) be lodged with the local government; and (b) be accompanied by a schedule setting out the voting entitlement that is to apply to the new community development lot. 68 Approval of community plan of amalgamation A local government may approve a community plan of amalgamation and schedule only if it is satisfied that— (a) the voting entitlement that is to apply to the new community development lot equals the total voting entitlement that applies to the community development lots being amalgamated; and (b) the provisions of the scheme that apply to the amalgamated lot have been complied with; and (c) the amalgamated lot has been, or will be, provided with essential services. 69 Registration of community plan of amalgamation The registrar of titles may register a community plan of amalgamation only if— (a) it is accompanied by a schedule setting out the voting entitlement that is to apply to the new community development lot; and (b) the plan and schedule have been approved by the local government. 70 Notice of amalgamation On registration of the community plan of amalgamation, the proprietor of the new community development lot must give written notice to the community body corporate of— (a) the proprietor's full name and address for service; and (b) the date of registration of the community plan of amalgamation; and (c) the description of the community development lots amalgamated; and (d) the description of the new community development lot; and (e) the voting entitlement that applies to the new community development lot. Division 3 Subdivision of community development lot by community plan of subdivision 71 Community plan of subdivision (1) The proprietor of a community development lot may subdivide it by a community plan of subdivision into— (a) 2 or more community development lots; or (b) 1 or more community development lots and 1 or more community property lots. (2) The community plan of subdivision must— (a) be lodged with the local government; and (b) be accompanied by a schedule setting out the voting entitlement that is to apply to each community development lot created by the plan. (3) The proprietor may lodge a community plan of subdivision that creates a community property lot only if— (a) details of the proposed subdivision have been set out in a motion given to the members of the community body corporate; and (b) the motion has been carried by comprehensive resolution. 72 Approval of community plan of subdivision A local government may approve a community plan of subdivision and schedule only if it is satisfied that— (a) the total voting entitlement that is to apply to the new community development lot or lots equals the voting entitlement that applies to the community development lot being subdivided; and (b) each new community development lot has access to a dedicated road outside the site directly or through the community thoroughfare that is, or is to be constructed, on a lot that comprises or on lots that comprise the community property; and (c) the provisions of the scheme that apply to the lots on the plan have been complied with; and (d) the lots on the plan have been, or will be, provided with essential services. 73 Registration of community plan of subdivision (1) The registrar of titles may register a community plan of subdivision only if— (a) it is accompanied by a schedule setting out the voting entitlement that is to apply to each community development lot created by the plan; and (b) 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. 74 Notice of subdivision On registration of the community plan of subdivision, the proprietor of the new community development lots must give written notice to the community body corporate of— (a) the proprietor's full name and address for service; and (b) the date of registration of the community plan of subdivision; and (c) the description of the community development lot subdivided; and (d) the description of the new community development lots; and (e) the voting entitlement that applies to each new community development lot. 75 Vesting of community property in community body corporate (1) On registration of the community plan of subdivision creating or lots comprising the community property and after registration of the necessary transfer by the registrar of titles, the lots are transferred to the community body corporate. (2) If land that is to become community property is mortgaged, the transfer may be registered only if the mortgage has been released. (3) The registrar of titles must issue certificates of title in the name of the community body corporate. (4) The community body corporate must not be required to make any payment or provide any consideration for the transfer. (5) This section does not affect the operation of section 150. Division 4 Subdivision of community development lot by stratum plan under pt 6 76 Stratum subdivision of community development lot (1) The proprietor of a community development lot ma