Queensland: Sanctuary Cove Resort Act 1985 (Qld)

Sanctuary Cove Resort Act 1985 An Act relating to the development of 'Sanctuary Cove Resort' at Hope Island in the State of Queensland Part 1 Preliminary 1 Short title This Act may be cited as the Sanctuary Cove Resort Act 1985. 2 Commencement (1) This section and section 1 shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act shall commence on a day appointed by proclamation. 3 [Repealed] 3A Sanctuary Cove Resort For the purposes of this Act, Sanctuary Cove Resort comprises the site and the adjacent site. 4 Definitions The dictionary in schedule 9 defines particular words used in this Act. 4A Meaning of approved use for a zone or part of a zone An approved use for a zone or part of a zone is— (a) a use for the zone or part that is approved under a regulation as a use for the zone or part; or (b) if a change of a use for the zone or part is approved under part 2AA, the use for the zone or part as changed and approved under a regulation. 4B Meaning of proposed use plan of the site and adjacent site (1) The proposed use plan of the site is— (a) the plan of survey of the site that was approved under section 8(4) or (7) as in force immediately before 2 October 2009; or (b) if an amendment of the plan is approved under section 8(2) or 12M—the amended plan for the time being approved. (2) However, if a plan of survey is approved under section 7(4), the proposed use plan of the site is— (a) the plan of survey approved under that subsection; or (b) if an amendment of the plan is approved under section 8(2) or 12M—the amended plan for the time being approved. (3) The proposed use plan of the adjacent site is— (a) the plan of survey of the adjacent site that was approved under section 12D(4) or 12D(7) as in force immediately before 2 October 2009; or (b) if an amendment of the plan is approved under section 12D(2) or 12M—the amended plan for the time being approved. (4) However, if a plan of survey is approved by the local government under section 12C(4), the proposed use plan of the adjacent site is— (a) the plan of survey approved under that subsection; or (b) if an amendment of the plan is approved under section 12D(2) or 12M—the amended plan for the time being approved. (5) To remove any doubt, it is declared that the approval of an amendment of the proposed use plan of the site or adjacent site under section 12M does not limit the later amendment and approval of the plan under section 8(2) or 12D(2). 4C 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 The site and subdivision of the site Division 1 The site 5 The site (1) Subject to subsection (2), the site is the area of land shown on the initial plan of survey of the site. (2) If the initial plan of survey is amended under part 2AA by varying the boundary of the site, the site is the area of land shown on the initial plan of survey as amended. (3) Notwithstanding any other Act or law, the site includes land within the boundaries of the site that is or may be or becomes inundated by water or subject to tidal influence and any estate or interest held in that land before the land becomes inundated or became subject to tidal influence is not affected by the inundation or being subject to tidal influence. (4) Despite the Local Government Act 2009, the site forms part of the Gold Coast city local government area constituted under that Act. 6 Grant of Crown land to the company The power conferred by the Land Act 1962 on the Governor in Council to grant in fee simple any Crown land within Queensland includes power, upon payment of such amount as the Governor in Council determines, to grant Crown land within the site to the company in fee simple in priority to and to the exclusion of all other persons, notwithstanding the provisions of the Land Act 1962. Division 2 Zones 7 Approval of plan of survey (1) The primary thoroughfare body corporate may lodge with the local government a plan of survey showing the zones of the site substantially in the form set out in schedule 7. (2) If the local government considers it appropriate that a boundary of a zone shown on the plan should differ from the boundary of the zone as shown in schedule 7, it may require the primary thoroughfare body corporate to lodge an amended plan showing the different boundary. (3) The plan of survey must include a schedule stating— (a) for each of the residential zones, the maximum number of group title lots or building unit lots into which each zone may be subdivided for residential purposes; and (b) the total of the maximum number of, not more than 1,100, group title lots and building unit lots into which all of the residential zones within the site may be subdivided for residential purposes. (4) The local government may approve the plan if it is satisfied— (a) the plan adequately defines the boundaries of all the zones within the site; and (b) the number of building unit lots and group title lots under subsection (3)— (i) is appropriate to the nature of the proposed development of the site; and (ii) is not more than the maximum number under subsection (3)(b). (5) The local government must— (a) keep the proposed use plan; and (b) give a copy of the plan to— (i) the registrar of titles; and (ii) the chief executive. (6) For deciding the number of group title lots or building unit lots into which a particular zone may be subdivided for residential purposes— (a) a group title lot that is subdivided into lots resulting in no area, other than common property, of the lot remaining must not be counted; and (b) the group title lots or building unit lots created from the subdivision must be counted. 8 Amendment of proposed use plan for minor boundary variation (1) The primary thoroughfare body corporate may lodge with the local government a plan of survey (the amending plan) varying the boundaries of the zones as shown on the proposed use plan of the site. (2) The local government may approve the amending plan if it is satisfied— (a) the plan adequately defines the boundaries of all the zones within the site; and (b) the number of building unit lots and group title lots stated in the schedule included with the plan— (i) is appropriate to the nature of the proposed development of the site; and (ii) is not more than the relevant maximum for the site; and (c) the variation of the boundaries is of a minor nature and does not substantially prejudice the rights of any person. (3) For deciding the number of group title lots or building unit lots into which a particular zone may be subdivided for residential purposes— (a) a group title lot that is subdivided into lots resulting in no area, other than common property, of the lot remaining must not be counted; and (b) the group title lots or building unit lots created from the subdivision must be counted. (4) The local government must— (a) keep the approved amending plan; and (b) give a copy of it to— (i) the registrar of titles; and (ii) the chief executive. (5) In this section— relevant maximum, for the site, means— (a) if the proposed use plan of the site is the proposed use plan under section 4B(1)—900; or (b) if the proposed use plan of the site is the proposed use plan under section 4B(2)—1,100. 9 Town planning provisions (1) Despite the Planning Act, the local government's planning scheme under that Act does not apply to the site. (2) However, any agreement entered into by the former Albert Shire Council prior to the commencement of this section shall continue to have force and effect. (3) For the Planning Act, the use of land or a building or other structure in a part of a zone of the site for an approved use for the part is taken to be a lawful use under that Act. (4) A person must not use land, or erect or use a building or other structure, in a part of a zone of the site for a use that is not an approved use for the part. Maximum penalty—20 penalty units. (5) In this section— erect, in relation to a building or other structure, includes the following— (a) doing work for the purpose of erecting the building or structure; (b) carrying out structural work, alterations or additions or rebuilding the building or structure; (c) moving the building or structure or rebuilding it, with or without alteration— (i) within a parcel of land; or (ii) from one parcel of land to another parcel of land; or (iii) so that part of the building or structure is on a parcel of land and another part of the building or structure is on another parcel of land. Division 3 Initial subdivision 10 Initial subdivision within the site (1) Upon the company becoming the proprietor of all land within the site, there shall be lodged with the registrar of titles a plan of survey of the site subdividing the site into— (a) a lot or lots which comprise or together comprise the primary thoroughfare; and (b) lots which together comprise the balance of the land in the site each of which lots shall be wholly within a zone. (2) The registrar of titles shall not register the plan of survey lodged with the registrar pursuant to subsection (1) unless the plan has endorsed thereon the approval of the local government. (3) When the plan of survey is submitted to the local government for its approval, it shall be accompanied by a schedule setting out in respect of each lot within each residential zone the maximum number of group title lots or building unit lots into which that lot may be subdivided for residential purposes. (4) The local government shall not approve the plan of survey unless it is satisfied that the plan fulfils the requirements of subsection (1) and that the maximum number of group title lots or building unit lots into which a zone may be subdivided does not exceed and is not less than 90% of the number specified for that zone in the proposed use plan. (5) The schedule that in accordance with subsection (3) accompanied the plan of survey shall be retained by the local government. (6) A copy of the plan of survey and of the schedule referred to in subsection (3) shall be forwarded to the chief executive. (7) Notwithstanding any other Act, for the purposes of subsection (2), a lot shall be taken to have access to a dedicated road if— (a) in the case of a lot that comprises or forms part of the primary thoroughfare—the primary thoroughfare adjoins a dedicated road; (b) in the case of any other lot—that lot adjoins a lot that comprises wholly or partly the primary thoroughfare. (8) A plan of survey may from time to time be lodged with the registrar of titles— (a) to enable part of the land comprising the primary thoroughfare to cease to be part of the primary thoroughfare and other land to become part of the primary thoroughfare; or (b) to amend the initial plan of survey in accordance with a variation of the boundary of a zone approved by— (i) the local government under section 8(2); or (ii) the Governor in Council under section 12M. (9) The registrar of titles shall not register a plan of survey lodged with the registrar under subsection (8)(a) or (b)(i) unless the plan has endorsed thereon the approval of the local government. (9A) The local government shall not approve a plan of survey to be lodged under subsection (8)(a) or (b)(i) unless it is satisfied that access to any land within the site or the adjacent site will not be restricted or if access is restricted the proprietor of that land consents to that restriction. (9B) A copy of the plan of survey shall be forwarded to the chief executive. (10) Upon registration of a plan of survey lodged with the registrar of titles pursuant to subsection (8), the initial plan of survey as amended by the firstmentioned plan shall become the initial plan of survey. 11 Effect of registration of initial plan of survey Upon registration by the registrar of titles of the initial plan of survey, then but not otherwise the following sections of this Act (other than of part 2A) shall take effect. 12 Transfer of primary thoroughfare to primary thoroughfare body corporate (1) The company shall as soon as practicable lodge with the registrar of titles all documents necessary to transfer the lot or lots shown on the initial plan of survey that comprise the primary thoroughfare within the site to the primary thoroughfare body corporate. (1A) The primary thoroughfare body corporate shall not be required to make any payment or provide any consideration for such transfer. (2) Nothing in this section shall operate to relieve the company of its obligation to effect at its expense the initial construction of the primary thoroughfare to the standard prescribed pursuant to section 51. Part 2A The adjacent site and subdivision of the adjacent site Division 1 The adjacent site 12A The adjacent site (1) Subject to subsection (2), the adjacent site is the area of land shown on the initial plan of survey of the adjacent site. (2) If the initial plan of survey of the adjacent site is amended under part 2AA by varying the boundary of the adjacent site, the adjacent site is the area of land shown on the initial plan of survey of the adjacent site as amended. (3) Notwithstanding any other Act or law the adjacent site includes land within the boundaries of the adjacent site that is or may be or becomes inundated by water or subject to tidal influence and any estate or interest held in that land before the land becomes inundated or became subject to tidal influence is not affected by the inundation or being subject to tidal influence. (4) Despite the Local Government Act 1993, the adjacent site forms part of the Gold Coast city local government area constituted under that Act. (5) Subject to subsection (6) but notwithstanding any other provision of this Act, land within the site (as defined in section 5) may, for the purposes of this Act, be treated as being within a zone of the adjacent site if— (a) it abuts land within the adjacent site; and (b) it is zoned for residential use; and (c) its zoning corresponds with that of the land it abuts within the adjacent site; and (d) the land is not already included in a subdivision or resubdivision of the site by means of a building units plan or group titles plan. (6) Where pursuant to subsection (5) land within the site is included in a plan of survey subdividing or resubdividing a secondary lot within the adjacent site by means of a building units plan or group titles plan, the plan shall not be approved if— (a) the aggregate of the areas of the land within the site and included in the plan and of all other land within the site previously treated under subsection (5) as being within the adjacent site exceeds 5ha; or (b) the total number of building unit lots and group title lots permitted within the adjacent site would be exceeded if the plan were to be approved; or (c) the total number of building unit lots and group title lots approved for the relevant zone of the adjacent site would be exceeded if the plan were to be approved. 12B Grant of Crown land to the company The power conferred by the Land Act 1962 on the Governor in Council to grant in fee simple and Crown land within Queensland includes power, upon payment of such amount as the Governor in Council determines, to grant Crown land within the adjacent site to the company in fee simple and priority to and to the exclusion of all other persons, notwithstanding the provisions of the Land Act 1962. Division 2 Zones in the adjacent site 12C Approval of plan of survey (1) The primary thoroughfare body corporate may lodge with the local government a plan of survey showing the zones of the adjacent site substantially in the form set out in schedule 8. (2) If the local government considers it appropriate that a boundary of a zone shown on the plan should differ from the boundary of the zone as shown in schedule 8, it may require the primary thoroughfare body corporate to lodge an amended plan showing the different boundary. (3) The plan of survey must include a schedule stating— (a) for each of the residential zones, the maximum number of group title lots or building unit lots into which each zone may be subdivided for residential purposes; and (b) the total of the maximum number of, not more than 900, group title lots and building unit lots into which all of the residential zones within the site may be subdivided for residential purposes. (4) The local government may approve the plan if it is satisfied— (a) the plan adequately defines the boundaries of all the zones within the adjacent site; and (b) the number of building unit lots and group title lots under subsection (3)— (i) is appropriate to the nature of the proposed development of the adjacent site; and (ii) is not more than the maximum number under subsection (3)(b). (5) The local government must— (a) keep the proposed use plan; and (b) give a copy of the plan to— (i) the registrar of titles; and (ii) the chief executive. (6) For deciding the number of group title lots or building unit lots into which a particular zone may be subdivided for residential purposes— (a) a group title lot that is subdivided into lots resulting in no area, other than common property, of the lot remaining must not be counted; and (b) the group title lots or building unit lots created from the subdivision must be counted. 12D Amendment of proposed use plan for minor boundary variation (1) The primary thoroughfare body corporate may lodge with the local government a plan of survey (the amending plan) varying the boundaries of the zones as shown on the proposed use plan of the adjacent site. (2) The local government may approve the amending plan if it is satisfied— (a) the plan adequately defines the boundaries of all the zones within the adjacent site; and (b) the number of building unit lots and group title lots stated in the schedule included with the plan— (i) is appropriate to the nature of the proposed development of the adjacent site; and (ii) is not more than the relevant maximum for the adjacent site; and (c) the variation of the boundaries is of a minor nature and does not substantially prejudice the rights of any person. (3) For deciding the number of group title lots or building unit lots into which a particular zone may be subdivided for residential purposes— (a) a group title lot that is subdivided into lots resulting in no area, other than common property, of the lot remaining must not be counted; and (b) the group title lots or building unit lots created from the subdivision must be counted. (4) The local government must— (a) keep the approved amending plan; and (b) give a copy of it to— (i) the registrar of titles; and (ii) the chief executive. (5) In this section— relevant maximum, for the adjacent site, means— (a) if the proposed use plan of the adjacent site is the proposed use plan under section 4B(3)—1,100; or (b) if the proposed use plan of the adjacent site is the proposed use plan under section 4B(4)—900. 12E Town planning provisions (1) Despite the Planning Act, the local government's planning scheme under that Act does not apply to the adjacent site. (2) However, any agreement entered into by the former Albert Shire Council prior to the commencement of this section shall continue to have force and effect. (3) For the Planning Act, the use of land or a building or other structure in a part of a zone of the adjacent site for an approved use for the part is taken to be a lawful use under that Act. (4) A person must not use land, or erect or use a building or other structure, in a part of a zone of the adjacent site for a use that is not an approved use for the part. Maximum penalty—20 penalty units. (4A) Notwithstanding subsection (4), any building or other structure that, immediately before the commencement of section 19 of the Sanctuary Cove Resort Act Amendment Act 1989, was within the administration zone may, on and from that commencement, be used for any purpose for which buildings or structures within the administration zone are permitted to be used until 31 December 1996 or such later date as is declared by order in council made before 31 December 1996. (5) In this section— erect, in relation to a building or other structure, includes the following— (a) doing work for the purpose of erecting the building or structure; (b) carrying out structural work, alterations or additions or rebuilding the building or structure; (c) moving the building or structure or rebuilding it, with or without alteration— (i) within a parcel of land; or (ii) from one parcel of land to another parcel of land; or (iii) so that part of the building or structure is on a parcel of land and another part of the building or structure is on another parcel of land. Division 3 Initial subdivision of adjacent site 12F Initial subdivision within the adjacent site (1) Upon the company becoming the proprietor of all land within the adjacent site, there shall be lodged with the registrar of titles a plan of survey of the adjacent site subdividing the adjacent site into— (a) a lot or lots which comprises or together comprise the primary thoroughfare; and (b) lots which together comprise the balance of the land in the adjacent site each of which lots shall be wholly within a zone. (2) The registrar of titles shall not register the plan of survey lodged with him pursuant to subsection (1) unless the plan has endorsed thereon the approval of the local government. (3) When the plan of survey is submitted to the local government for its approval, it shall be accompanied by a schedule setting out in respect of each lot within each residential zone the maximum number of group title lots or building unit lots into which that lot may be subdivided for residential purposes. (4) The local government shall not approve the plan of survey unless it is satisfied that the plan fulfils the requirements of subsection (1) and that the maximum number of group title lots or building unit lots into which a zone may be subdivided does not exceed and is not less than 90% of the number specified for that zone in the proposed use plan of the adjacent site. (5) The schedule that in accordance with subsection (3) accompanied the plan of survey shall be retained by the local government. (6) A copy of the plan of survey and of the schedule referred to in subsection (3) shall be forwarded to the chief executive. (7) Notwithstanding any other Act, for the purposes of subsection (2), a lot shall be taken to have access to a dedicated road if— (a) in the case of a lot that comprises or forms part of the primary thoroughfare—the primary thoroughfare adjoins a dedicated road; (b) in the case of any other lot—that lot adjoins a lot that comprises wholly or partly the primary thoroughfare. (8) A plan of survey may from time to time be lodged with the registrar of titles— (a) to enable part of the land comprising the primary thoroughfare to cease to be part of the primary thoroughfare and other land to become part of the primary thoroughfare; or (b) to amend the initial plan of survey in accordance with a variation of the boundary of a zone approved by— (i) the local government under section 12D(2); or (ii) the Governor in Council under section 12M. (9) The registrar of titles shall not register a plan of survey lodged with the registrar under subsection (8)(a) or (b)(i) unless the plan has endorsed thereon the approval of the local government. (9A) The local government shall not approve a plan of survey to be lodged under subsection (8)(a) or (b)(i) unless it is satisfied that access to any land within the site or the adjacent site will not be restricted or if access is restricted the proprietor of that land consents to that restriction. (9B) A copy of the plan of survey shall be forwarded to the chief executive. (10) Upon registration of a plan of survey lodged with the registrar of titles pursuant to subsection (8), the initial plan of survey of the adjacent site as amended by the firstmentioned plan shall become the initial plan of survey of the adjacent site. 12G Effect of registration of initial plan of survey of the adjacent site Upon registration by the registrar of titles of the initial plan of survey of the adjacent site, then but not otherwise the following sections of this Act shall take effect in respect of the adjacent site. 12H Transfer of primary thoroughfare to primary thoroughfare body corporate (1) The company shall as soon as practicable lodge with the registrar of titles all documents necessary to transfer the lots or lots shown in the initial plan of survey of the adjacent site that comprise the primary thoroughfare within the adjacent site to the primary thoroughfare body corporate. (1A) The primary thoroughfare body corporate shall not be required to make any payment or provide any consideration for such transfer. (2) Nothing in this section shall operate to relieve the company of its obligations to effect at its expense the initial construction of the primary thoroughfare to the standard prescribed pursuant to section 51. Part 2AA Amendments by application to Minister 12I Amendment applications (1) The primary thoroughfare body corporate may apply to the Minister under this part for any of the following amendments— (a) changing an approved use for a zone or part of a zone by— (i) replacing the use with a different approved use; or (ii) including an additional approved use for the zone or part; (b) amending the proposed use plan of the site or the proposed use plan of the adjacent site by— (i) replacing a zone name with a different zone name; or (ii) varying the boundary of a zone on the plan, other than a variation to which section 8(2) or 12D(2) applies; (c) amending the initial plan of survey of the site by varying the boundary of the site; (d) amending the initial plan of survey of the adjacent site by varying the boundary of the adjacent site. (2) Each of the plans mentioned in subsection (1)(b) to (d) is a relevant plan. 12J 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 period (the notification period) of at least 30 business days after the notice is given; and (b) for a proposed amendment of a relevant plan, make the proposed amended plan available for inspection by the members of the primary thoroughfare body corporate and the members of the principal body corporate during the notification period; and (c) 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 amendment. (2) The notice under subsection (1)(c) 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. 12K Requirements for application The application must include— (a) a written statement confirming that— (i) a written notice was given to the members under section 12J(1)(a), including the days the notice was given; and (ii) a notice was placed on the subject land under section 12J(1)(c) and (2), including the period during which the notice was on the land; and (b) a copy of the notice given under section 12J(1)(a); and (c) for an amendment of a relevant plan— (i) a written statement confirming the plan was made available for inspection under section 12J(1)(b), including the period during which the plan was available for inspection; and (ii) a copy of the proposed amended plan; and (d) all written submissions given to the primary thoroughfare body corporate under section 12J(1)(a)(iii); and (e) other matters, if any, the Minister considers necessary for deciding the application. 12L Minister to consider application (1) The Minister must— (a) consider the application including any written submissions included in the application; and (b) consult any local government, department of government or statutory authority that, in the Minister's opinion, is likely to be affected by the amendment. (2) The Minister may also consult another person, if, in the Minister's opinion, the person is likely to be affected by the amendment. (3) 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)(b) and (2), including— (i) who the Minister consulted; and (ii) the results of the consultation. 12M Decision on application The Governor in Council may, subject to section 12N— (a) approve the amendment; or (b) approve the amendment with modifications or subject to conditions; or (c) refuse to approve the amendment. 12N Minor variation of site boundaries (1) This section applies to an amendment of— (a) the initial plan of survey of the site by varying the boundary of the site; or (b) the initial plan of survey of the adjacent site by varying the boundary of the adjacent site. (2) The Governor in Council may approve the amendment only if— (a) the Governor in Council considers— (i) the proposed variation of the boundary is of a minor nature; and (ii) the total area of the site or adjacent site will not be materially changed because of the variation; and (b) neither the aggregate number of the lots on the plan nor the aggregate voting entitlements for the lots will be changed because of the variation; and (c) each affected land owner has given the owner's written consent to the variation. (3) In this section— affected land owner means an owner of— (a) land that is outside the site and is proposed under the relevant application to be within the site; or (b) land that is outside the adjacent site and is proposed under the relevant application to be within the adjacent site. 12O Approval of change of use for zone or part of zone If the Governor in Council approves an amendment to change an approved use for a zone or part of a zone, the amendment does not take effect until it has been approved under a regulation. 12P Approval of amendment of relevant plan (1) This section applies if the Governor in Council approves an amendment of a relevant plan under this part. (2) The chief executive must— (a) notify the approval of the amendment by a gazette notice stating— (i) the amendment that has been approved; and (ii) the modifications, if any, made by the approval and the conditions, if any, to which the approval is subject; and (iii) the places where a copy of the approval is available for inspection; and (b) keep a copy of the approval available for inspection at the office of the chief executive at Brisbane during business hours; and (c) note the approval on the amended plan; and (d) give to the registrar of titles and the local government a copy of— (i) the approved amendment; and (ii) the amended plan endorsed under paragraph (c). (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) After receiving copies of the documents mentioned in subsection (2)(d), the registrar of titles must register the amended plan. Part 2B Dealing with land in zones Division 1 Dealing with land in residential zones 13 Subdivision etc. of land within certain residential zones (1) An initial lot within a residential zone may only be subdivided in the manner and to the extent prescribed by this section. (2) In a plan of survey subdividing an initial lot, each secondary lot must have access to the primary thoroughfare whether directly or through a lot or lots shown on the plan as constituting a secondary thoroughfare. (2A) For the purposes of determining whether to approve a plan of survey subdividing an initial lot, the local government shall deem any area shown in the plan of survey or the initial plan of survey as being secondary thoroughfare or primary thoroughfare to be dedicated road. (2B) When a plan of survey is submitted to the local government for its approval, it shall be accompanied by a schedule setting out in respect of each secondary lot the maximum number of group title lots or, as the case may be, building unit lots into which that lot may be subdivided for residential purposes. (2C) The local government shall not approve the plan of survey unless it is satisfied that the plan complies with this section and that the total number of lots specified in the schedule accompanying the plan in respect of all secondary lots into which an initial lot is subdivided does not exceed the maximum number of lots specified in respect of that initial lot in the schedule that accompanied the initial plan of survey or, as the case may be, the initial plan of survey of the adjacent site whereby that initial lot was created. (3) The provisions of subsection (2) shall apply in respect of the amalgamation of secondary lots as if the amalgamation were a subdivision of an initial lot comprising the secondary lots being amalgamated and the maximum number of lots into which that lot would have been subdivided was the sum of the maximum number of lots into which each of the lots being amalgamated could have been subdivided. (4) A plan of survey may from time to time be lodged with the registrar of titles to enable part of the land comprising a secondary thoroughfare to cease to be part of the secondary thoroughfare and other land to become part of the secondary thoroughfare. (5) The registrar of titles shall not register a plan of survey lodged with the registrar pursuant to subsection (4) unless the plan has endorsed thereon the approval of the local government. (5A) The local government shall not approve the plan of survey unless it is satisfied that access to any land within the site or the adjacent site will not be restricted or if access is restricted the proprietor of that land consents to that restriction. (5B) A copy of the plan of survey shall be forwarded to the chief executive. (6) Upon registration of a plan of survey lodged with the registrar of titles pursuant to subsection (4), any plan of survey or group titles plan to which the firstmentioned plan of survey relates is deemed to be amended to the extent shown on the firstmentioned plan of survey. 14 Transfer of lots comprising secondary thoroughfares to principal body corporate (1) Immediately upon registration of a plan of survey 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 that lot to the principal body corporate. (1AA) The principal body corporate shall not be required to make any payment or provide any consideration for such transfer. (1A) Immediately upon registration of a group titles plan subdividing or resubdividing a secondary lot or resubdividing a lot shown on a group titles plan— (a) the registered proprietor of any lot shown on the plan as secondary thoroughfare; (b) where common property is shown on the plan as secondary thoroughfare, the body corporate; shall lodge with the registrar of titles all documents necessary to transfer that lot or, as the case may be, common property to the principal body corporate. (1B) Upon registration of the principal body corporate as a proprietor of the lot or common property referred to in subsection (1A), that lot or, as the case may be, that common property shall, for the purposes of the Building Units and Group Titles Act 1980, cease to be part of the parcel shown on the group titles plan. (1C) The principal body corporate shall not be required to make any payment or provide any consideration for a transfer pursuant to this subsection. (2) Nothing in this section shall operate to relieve the company of its obligation to effect at its expense the initial construction of the secondary thoroughfare to the standard prescribed pursuant to section 51. 15 Subdivision of secondary lots (1) A secondary lot within the Harbour 1 Residential Zone, Harbour, River and Waterfront Residential Zone or the General Residential Zone may only be subdivided or resubdivided— (a) for the purpose of the registration of a group titles plan or a building units plan over a lot thereby created—by way of registration of a plan of survey; or (b) by way of registration of a building units plan or a group titles plan. (2) A lot shown on a registered group titles plan referred to in subsection (1) may, subject to compliance with this section, be resubdivided by way of registration of a building units plan or a group titles plan. (3) Notwithstanding the provisions of the Building Units and Group Titles Act 1980, a group titles plan subdividing a secondary lot referred to in subsection (1) or resubdividing a lot shown on a registered group titles plan referred to in subsection (1) or (2) may create a lot or common property shown as secondary thoroughfare. (4) In a group titles plan resubdividing a lot shown on a registered group titles plan referred to in subsection (1) or (2) each lot thereby created must have access to the primary thoroughfare whether directly or indirectly through a lot or lots shown as secondary thoroughfare or through common property. (5) A group titles plan mentioned in subsection (1) or (2) that is submitted to the local government must 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 the part of the primary thoroughfare, shown on the plan; and (b) each secondary thoroughfare, or part of a secondary thoroughfare, shown on the plan. (6) Notwithstanding the provisions of section 19 and of section 19 of the Building Units and Group Titles Act 1980, the lot entitlement of a lot on a group titles plan shown as secondary thoroughfare shall be zero and the proprietor of that lot shall not be a member of the body corporate constituted in respect of that plan. (7) If, when a group titles plan subdividing a secondary lot within the Harbour 1 Residential Zone, Harbour, River and Waterfront Residential Zone or the General Residential Zone is submitted to the local government for approval, the plan is accompanied by a statement by or on behalf of the proprietor of the secondary lot that it is proposed to subdivide the group title lots to be created by the registration of that plan by the registration of building units plans— (a) 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 the Building Units and Group Titles Act 1980, section 10(1A), does not apply; (b) the local government shall not approve a group titles plan subdividing such a group titles lot unless, when the plan is submitted to the local government for approval it is accompanied by statement to the like effect. (8) The registration of a building units plan of subdivision pursuant to subsection (7) 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. (9) Notwithstanding the provisions of section 27 of the Building Units and Group Titles Act 1980, where a secondary lot that, pursuant to subsection (1), is subdivided by the registration of a group titles plan and a lot in the group titles plan is subdivided by a building units plan pursuant to subsection (7), the body corporate created by the registration of the group titles plan shall be deemed, for the purpose 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. (10) The Building Units and Group Titles Act 1980, section 10(1B) and (6)(b), does not apply to a subdivision under this section. (11) 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. (12) The provisions of section 9(6) of the Building Units and Group Titles Act 1980 do not apply to any group titles plan in respect of any land within the residential zones. (13) However, the maximum number of group title lots or building unit lots prescribed by this Act into which a parcel of land may be subdivided is not thereby exceeded in respect of that parcel. 15A Plan of survey where variation of boundary approved (1) Where any variation of the boundaries of the zones has been approved by the local government under section 8(2) or 12D(2) or by the Governor in Council under section 12M, a plan of survey may be lodged with the registrar of titles for the purpose of amending, in accordance with the variation approved, any plan of survey or group titles plan for the subdivision or resubdivision of a secondary lot or any group titles plan for the resubdivision of a lot shown on a group titles plan. (2) The registrar of titles shall not register a plan lodged pursuant to subsection (1) unless it is endorsed with the approval of the local government. (3) However, the endorsement of the approval of the local government is not required on a plan of survey showing a variation of a boundary of a zone that has been approved under section 12M. (4) Upon the registrar of titles approving a plan of survey lodged pursuant to subsection (1), any plan of survey or group titles plan to which the firstmentioned plan of survey relates is deemed to be amended to the extent shown on the firstmentioned plan of survey and a copy of that plan of survey shall be forwarded to the chief executive. 16 Services In respect of each initial lot and each secondary lot there shall be implied— (a) in favour of the proprietor of the lot and as appurtenant thereto, easements for the passage or provision of services (including water, sewerage, drainage, gas, electricity, garbage and telephone) through or by means of any pipes, poles, wires, cables or ducts to be laid down or erected or which are for the time being existing in or over the primary thoroughfare and the secondary thoroughfare to the extent to which those services are capable of being used in connection with the enjoyment of the lot; (b) as against the principal body corporate and to which the lots comprising the secondary thoroughfare shall be subject, easements for the passage or provision of services (including water, sewerage, drainage, gas, electricity, garbage and telephone) through or by means of any pipes, poles, wires, cables or ducts to be laid down or erected or which are for the time being existing within any of those lots as appurtenant to the initial lots and secondary lots; (c) as against the primary thoroughfare body corporate and to which the lot or lots comprising the primary thoroughfare shall be subject, easements for the passage or provision of services (including water, sewerage, drainage, gas, electricity, garbage and telephone) through or by means of any pipes, poles, wires, cables or ducts to be laid down or erected or which are for the time being existing within any of those lots as appurtenant to the initial lots and secondary lots; but the easements conferred by this section shall not be exercised by any proprietor in such a manner as unreasonably to prevent any other proprietor from enjoying the use and occupation of the proprietor's lot or the use of the primary thoroughfare or the secondary thoroughfare. 16A Creation of easements over group title lots (1) Where a multiple dwelling is situated on 2 or more group title lots (whether built before or after the commencement of section 11 of the Sanctuary Cove Resort Act Amendment Act 1989), the proprietor of a lot on which is situated part of the multiple dwelling (which part is intended for separate occupation) shall, in respect of any roofs, eaves, gutters, downpipes or foundations situated wholly or in part on any adjoining lot, be entitled to any shelter, drainage or support capable of being afforded thereby in respect of the proprietor's lot. (2) The rights created by subsection (1) are easements to which are subject the relevant parts of the multiple dwelling and the lot on which those parts are situated. (3) An easement created by this section shall entitle the proprietor of the dominant tenement to enter the servient tenement and maintain, replace, renew or restore any of the parts of the multiple dwelling that are subject to the easement. (4) An easement created by this section shall not be exercised by the proprietor of a lot in such a manner as unreasonably to prevent any other proprietor from enjoying the use or occupation of the proprietor's lot. 17 Ancillary rights All ancillary rights and obligations reasonably necessary to make easements effective shall apply in respect of easements implied or created by this part. 18 Creation of easements The principal body corporate may by special resolution within the meaning of section 22— (a) execute a grant of easement; (b) accept a grant of easement; (c) surrender a grant of easement; (d) accept the surrender of a grant of easement. 19 Determination of lot entitlements (1) Notwithstanding the provisions of section 19 of the Building Units and Group Titles Act 1980, where a secondary lot is subdivided or resubdivided by way of a group titles plan or a building units plan, the aggregate lot entitlement of the lots thereby created for residential purposes shall not exceed, and shall be not less than 90% of, the maximum number of lots specified in respect of that secondary lot in the schedule that accompanied the plan of survey 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. 20 Subdivision of land where wholly or partly submerged (1) Notwithstanding that the whole or part of land within an initial lot comprised within the Harbour 1 Residential Zone or the Harbour, River and Waterfront Residential Zone is submerged or subject to inundation or tidal influence, that land may be subdivided by way of a group titles plan of subdivision. (2) However, permanent, above water access is provided from each lot on the group titles plan to the primary thoroughfare or to a secondary thoroughfare, either directly or through common property. Division 2 Dealing with land in zones other than residential zones 21 Primary thoroughfare deemed to be dedicated road For the purpose of the subdivision of or other dealing with land within a zone other than a residential zone, the primary thoroughfare shall be deemed to be dedicated road. 21A Subdivision of land outside residential zones (1) Subject to this section, land within the site or the adjacent site and not within a residential zone may be subdivided in the same manner as land that is neither within the site nor within the adjacent site. (2) The local government shall not approve a plan of subdivision unless satisfied that the plan is consistent with the initial plan of survey of the site or, as the case may be, the initial plan of survey of the adjacent site. (3) A plan of subdivision lodged with the local government under this section must 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. (4) Where the local government approves a plan of subdivision it shall forward a copy of the plan to the chief executive. (5) The registrar of titles shall not register a plan of subdivision unless it contains or is accompanied by a notation under the seal of the local government that the local government is satisfied as required by subsection (2). Part 3 Principal body corporate Division 1 Principal body corporate 22 Definitions for pt 3 In this part— executive committee means the executive committee of the principal body corporate constituted under division 2. financial year means a period in relation to which the principal body corporate is required under section 33(1)(f) to prepare a statement of accounts. initial lot means an initial lot within a residential zone. initial lot entitlement, in relation to an initial lot, means the maximum number (specified in the schedule that accompanied the proposed use plan) of group title lots or building unit lots into which that lot may be subdivided. nominee, of a member of the principal body corporate, see section 24(1). original owner, of a secondary lot that has been subdivided by a building unit or group titles plan, means the person who was the registered owner of the lot immediately before it was subdivided by the plan. principal body corporate roll means the roll referred to in section 34 to be maintained by the principal body corporate. proprietor means— (a) for an initial lot or secondary lot—the person registered, or entitled to be registered, under the Land Title Act 1994 as the proprietor of the lot; or (b) for a secondary lot subdivided under a group titles plan or building units plan—the body corporate incorporated under the Building Units and Group Titles Act 1994. secondary lot entitlement, in relation to a secondary lot, means the maximum number (specified in the schedule that accompanied the plan of survey subdividing the relevant initial lot) of group title lots or building unit lots into which the secondary lot may be subdivided. special resolution means a resolution which is passed at a duly convened general meeting of the principal body corporate by the members whose lots (whether initial lots, secondary lots, group title lots or building unit lots) have an aggregate lot entitlement of not less than 75% of the aggregate of all lot entitlements recorded in the principal body corporate roll. 23 Principal body corporate (1) Upon registration of the initial plan of survey, the proprietor or proprietors of all the initial lots within the residential zones of the site shall by virtue of this Act be a body corporate under the name 'Sanctuary Cove Principal Body Corporate'. (1A) Upon registration of the initial plan of survey of the adjacent site, the proprietor or proprietors of all the initial lots within the residential zones of the adjacent site shall be members of the principal body corporate. (2) When an initial lot is subdivided into secondary lots (whether or not lots for secondary thoroughfares are thereby created), the proprietor of the initial lot shall cease to be a member of the principal body corporate and the proprietor or proprietors of the secondary lots shall become a member or, as the case may be, members of the principal body corporate. (3) When a secondary lot is subdivided by way of a group titles plan or a building units plan, the proprietor of the secondary lot— (a) shall give notice in writing to the principal body corporate of the name and address or service of notices of the body corporate incorporated by the registration of that plan; and (b) shall cease to be a member of the principal body corporate, and the body corporate created by the registration of that plan shall become a member of the principal body corporate. (4) Subdivision or resubdivision of a lot or a lot and common property on a group titles plan by way of a building units plan or a group titles plan does not affect the membership of the principal body corporate. (5) The Corporations Act does not apply to or in respect of the principal body corporate. (6) Subject to this Act, the principal body corporate shall have the powers, authorities, duties and functions conferred or imposed on it by or under this Act, the development control by-laws or the residential zone activities by-laws and shall do all things reasonably necessary for the enforcement of the development control by-laws and the control, management and administration of the secondary thoroughfares. (7) The principal body corporate shall have perpetual succession and a common seal and shall be capable of suing and being sued in its corporate name and shall be regulated in accordance with the principal body corporate by-laws for the time being in force. (8) The principal body corporate may— (a) sue and be sued on any contract made by it; (b) sue for and in respect of any damage or injury to the secondary thoroughfares caused by any person; (c) be sued in respect of any matter connected with the secondary thoroughfares for which as proprietor it is so liable; (d) take such legal action as may be necessary to enforce the development control by-laws and the secondary thoroughfare by-laws. (9) In any case in which work is carried out for the purpose of constructing or preparing a secondary thoroughfare, upon registration of the initial plan of survey or, as the case may be, the initial plan of survey of the adjacent site, the principal body corporate shall be deemed to have been a party to an enforceable contract for the carrying out of such work, and may sue in respect of that contract. (10) Nothing in subsection (9) shall relieve the company from its obligation to pay for the initial construction of secondary thoroughfares to the standard prescribed pursuant to section 51. 24 Member's nominee (1) This section applies to a member of the principal body corporate for appointing a person (a nominee) to represent and vote on behalf of the member at meetings of the principal body corporate. (2) A subsidiary body corporate of the principal body corporate— (a) must appoint a nominee at its annual general meeting; and (b) otherwise, may appoint a nominee from time to time. (3) A member of the principal body corporate, other than a subsidiary body corporate, may appoint a nominee from time to time. (4) Subject to section 24A, a nominee appointed by a subsidiary body corporate must be a member of the subsidiary body corporate. (5) The appointment of a nominee has no effect until written notice of the appointment is received by the secretary of the principal body corporate. (6) A nominee appointed by a subsidiary body corporate must represent the subsidiary body corporate— (a) in the way the subsidiary body corporate directs; and (b) subject to paragraph (a), in a way that is in the best interests of the subsidiary body corporate. (7) The appointment of a nominee for a member ends when the first of the following happens— (a) the end of 1 year after the appointment; (b) the secretary of the principal body corporate receives written notice of— (i) the cancellation of the nominee's appointment; or (ii) the appointment of another nominee for the member. (8) A written notice under subsection (5) or (7)(b) must be signed— (a) for an appointment or cancellation made by a subsidiary body corporate—by the chairperson and secretary of the subsidiary body corporate; or (b) otherwise—by the member. 24A When original owner can not be nominee for subsidiary body corporate (1) This section applies if more than 50% of the lots created by the registration of a group titles plan or building units plan subdividing a secondary lot are no longer owned by the original owner of the secondary lot. (2) The subsidiary body corporate created by the registration of the plan can not appoint as its nominee— (a) the original owner; or (b) an associate (an ineligible associate) of the original owner who is not 1 of the proprietors constituting the subsidiary body corporate. (3) If the original owner or an ineligible associate of the original owner is already a nominee for the subsidiary body corporate— (a) a general meeting of the subsidiary body corporate must be held within 2 months; and (b) if it is not sooner ended, the owner's or associate's appointment as the nominee ends at the next general meeting of the subsidiary body corporate. 25 Seal of principal body corporate (1) The common seal of the principal body corporate shall be kept— (a) where the principal body corporate is constituted by the company alone—by the company; (b) where the principal body corporate is constituted by 2 or more members—by such member of the principal body corporate or member of the executive committee as the principal body corporate determines or, in the absence of any such determination, by the secretary of the executive committee. (2) The common seal of the principal body corporate shall only be affixed to an instrument or document in the presence of— (a) where the principal body corporate is constituted by 1 or 2 members—that member or those members, as the case may be; or (b) where the principal body corporate is constituted by more than 2 members—such 2 persons, being members of the principal body corporate or members of the executive committee, as the principal body corporate determines or, in the absence of any such determination, the secretary and any other member of the executive committee; who shall attest the fact and date of the affixing of the seal by their signatures. (3) However, where a member is a body corporate, the common seal affixed in the presence of a person nominated in writing by the body corporate for that purpose and attested by that person as provided in this subsection shall be deemed to have been duly affixed in the presence of that body corporate. 26 Address of principal body corporate The address for service of notices on the principal body corporate shall upon its incorporation pursuant to section 23 be the address for service of notices of the company. 27 Meetings of principal body corporate (1) Within 3 months after the registration of the initial plan of survey, the company shall, in the prescribed manner, convene a meeting of the principal body corporate to be held within that period. Maximum penalty—20 penalty units. (2) The agenda for a meeting convened under subsection (1) shall consist of the following items— (a) to decide whether insurances effected by the principal body corporate should be confirmed, varied or extended; (b) to decide whether any amounts determined under section 33(1)(h) or (2) should be confirmed or varied; (c) where there are more than 3 members of the principal body corporate—to determine the number of members of the executive committee; (d) to elect the chairperson, secretary and treasurer of the principal body corporate and other members of the executive committee; (e) to decide whether to make by-laws regulating, controlling or prohibiting the passage through and conduct and activities of persons on or within all or part of the secondary thoroughfares; (f) to decide whether to make development control by-laws. (3) The meeting convened under subsection (1) shall be the first annual general meeting of the principal body corporate and at such meeting a chairperson, secretary and treasurer shall be elected. (3A) However, a person may be elected to 1 or more of those offices. (4) The company shall not fail or neglect to deliver to the principal body corporate at its first annual general meeting— (a) all plans, specifications, drawings showing water pipes, electric cables and drainage, certificates, diagrams and other documents (including policies of insurance) obtained or received by it and relating to the secondary thoroughfare; (b) if they are in its possession or under its control, the principal body corporate roll, books of account and any notices or other records relating to the secondary thoroughfare; (c) the budget showing the estimated expenditure of the principal body corporate in relation to the secondary thoroughfare on an annual basis; other than documents which exclusively evidence rights or obligations of the company and which are not capable of being used for the benefit of the principal body corporate or any of the members of the principal body corporate, other than the company. Maximum penalty—20 pen