INTEGRATED RESORT DEVELOPMENT ACT 1987

Queensland Consolidated Acts

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- As at 18 June 2021
- Act 23 of 1987

TABLE OF PROVISIONS

Long Title

PART 1 - PRELIMINARY

1. Short title
2. Definitions
3. Minimum requirements for an approved scheme
3A. References to standard module

PART 2 - SCHEME OF INTEGRATED RESORT DEVELOPMENT

Division 1 - Approval of scheme

4. Application for approval of scheme
5. Minister to consider application
6. Variation of application
7. Decision on application
8. Notation of approved scheme

Division 2 - Amendment of approved scheme

9. Application for amendment of approved scheme
10. Members to be notified of proposed amendment
11. Requirements for application
12. Minister to consider application
13. Decision on application
13A. Minor variation of site boundaries
14. Minor variation of precinct boundaries

Division 3 - Effect of approval of scheme

15. Approved scheme regulates development etc. of site
16. Application of provisions of this Act

Division 4 - Revocation of approval of scheme

17. Application for revocation
18. Revocation of approval
19. Notation of revocation
20. Effect of revocation

PART 3 - STAGED INTEGRATED RESORT DEVELOPMENT

21. Future development area
22. Decision on application
23. Revocation of provisional approval
23A. (Repealed)
24. Approval of revocation
25. Notation of revocation of provisional approval
26. Application for subsequent stages

PART 4 - THE SITE

27. The site
28. Grant of unallocated State land
29. Site forms part of local government area

PART 5 - SUBDIVISION OF SITE

Division 1 - Initial subdivision of and dealing with land

Subdivision A - Creation of initial lots and primary thoroughfare

30. Plans to be lodged with local government
31. Approval of local government
32. Registration of initial plan of subdivision
33. Transfer of primary thoroughfare to primary thoroughfare body corporate

Subdivision B - Subdivision of initial lots

34. Subdivision of initial lot
35. Approval of local government
36. Registration of plan of subdivision of initial lot
37. Notice of subdivision to primary thoroughfare body corporate
38. Notice of subdivision to principal body corporate

Subdivision C - Amalgamation of initial lots

39. Amalgamation of initial lots
40. Approval of local government
41. Registration of plan of amalgamation of initial lots
42. Notice of amalgamation to primary thoroughfare body corporate
43. Notice of amalgamation to principal body corporate

Subdivision D - Subdivision of initial lots by building units or group titles plan

44. Subdivision by building units or group titles plan
45. Approval of building units or group titles plan
46. Registration of building units or group titles plan
47. Subdivision of group title lot by building units plan
48. Subdivision of group title lot by group titles plan
49. Lot entitlement if group title lot to be subdivided by a building units plan
50. Application of Building Units and Group Titles Act to subdivisions

Division 2 - Subsequent subdivision of and dealing with land in residential precincts

51. Plan of subdivision of initial lots
52. Approval by local government
53. Registration of plan of subdivision of initial lot
54. Transfer of lots comprising secondary thoroughfare to principal body corporate
55. Amalgamation of secondary lot
56. Approval of local government
57. Registration of plan of amalgamation of secondary lots
58. Notice of amalgamation to principal body corporate
59. Subdivision of secondary lots within residential precincts
60. Notice of subdivision to principal body corporate
61. Approval by local government
62. Registration of building units plan or group titles plan over secondary lot
63. Subdivision of group titles lot by way of building units plan
64. Subdivision of group title lot by way of a group titles plan
65. Application of Building Units and Group Titles Act to subdivisions
66. Lot entitlements under Building Units and Group Titles Act 1980

Division 3 - Dealing with land outside residential precincts

67. Primary thoroughfare deemed to be dedicated road

Division 4 - Matters applying to subdivision generally

Subdivision A - Extinguishment of plans

68. Extinguishment of plan
69. Order of Supreme Court to extinguish plan
70. Registration
71. Notification of local government

Subdivision B - Boundary adjustment plans

72. Boundary adjustment plan
73. Registration of boundary adjustment plan
74. Effect of boundary adjustment plan

Subdivision C - Easements

75. Implied easements
76. Ancillary rights
77. Creation of easements by special resolution

Subdivision D - Sequential plans

78. Approval of sequential plans by local government
79. Registration of sequential plans by registrar of titles

Subdivision E - Replacement schedules accompanying particular plans of subdivision

79A. Application of sdiv E
79B. Application to replace schedule
79C. Approval of replacement schedule
79D. Recording of replacement schedule

PART 6 - LAND SUBJECT TO TIDAL INFLUENCE

80. Estate or interest in submerged land continues
81. Subdivision of land
82. Construction of floating buildings and special buildings
83. Tidal waters within jurisdiction of authorities
84. Obligation of authorities to maintain or undertake works
85. Movement of vessels on tidal waters
86. Application of laws relating to design and construction etc.
87. Statutory charges and valuation of land
88. Modification of powers of authorities

PART 7 - ROADS AND CANALS ON THOROUGHFARES

89. Construction of roads
90. Construction of canals
91. Maintenance of roads and thoroughfares
92. Maintenance of canals
93. Additional works on primary thoroughfare
94. Leasing of land comprising primary thoroughfare
95. Dedication of thoroughfare as road
96. Surrender of canal to the State
97. Thoroughfares are roads under certain Acts
98. Powers etc. of inspectors and others on thoroughfares
98A. Primary and secondary thoroughfares are public places for certain purposes
99. Temporary closure of thoroughfares
100. Occupier’s right to use thoroughfares

PART 8 - BODIES CORPORATE

Division 1 - Primary thoroughfare body corporate

101. Interpretation
102. Primary thoroughfare body corporate
103. Member’s nominee
104. Seal of primary thoroughfare body corporate
105. Address of primary thoroughfare body corporate
106. Meetings of primary thoroughfare body corporate
107. Change of annual general meeting
108. Voting entitlements
109. Levies by primary thoroughfare body corporate on members
110. Change of primary thoroughfare body corporate’s address
111. Power of entry
112. Maintenance of services within lots or common property
113. Miscellaneous powers of primary thoroughfare body corporate
114. Leases to primary thoroughfare body corporate
115. Community facilities on primary thoroughfare
116. Duties of primary thoroughfare body corporate
117. Primary thoroughfare body corporate roll
118. Notices to be given by proprietors
119. Supply of information, certificates and copies by primary thoroughfare body corporate
120. Insurance by primary thoroughfare body corporate
121. Power for individuals to act for corporate members
122. Voting rights
123. Constitution of executive committee
123A. Code of conduct for voting members of executive committee
124. Vacation of office of member of executive committee
125. Chairperson, secretary and treasurer of executive committee
126. Meetings of executive committee
126A. Conflict of interest of executive committee member [SM, s 53]
127. Executive committee’s decisions to be decisions of primary thoroughfare body corporate
128. Statutory restrictions on powers of executive committee
129. Restrictions imposed on executive committee by primary thoroughfare body corporate
129A. Protection of executive committee members from liability
129B. Protection of body corporate and executive committee from liability for defamation
130. Primary thoroughfare body corporate manager
131. Costs in proceedings by members against primary thoroughfare body corporate
132. Service of documents on primary thoroughfare body corporate, members and others
133. Power of primary thoroughfare body corporate to convene community meetings

Division 1A - Proxies for principal bodies corporate at general meetings of primary thoroughfare bodies corporate

133A. Application of div 1A
133B. Appointment [SM, s 107]
133C. Form of proxy [SM, s 108]
133D. Use of proxy [SM, s 109]
133E. Special provisions about proxy use [SM, s 110]
133F. Offence [SM, s 111]

Division 2 - Increase in membership of primary thoroughfare body corporate

134. Effect of subdivision in subsequent stage
135. Meeting of primary thoroughfare body corporate
136. Levies and funds
137. Application of other division

Division 3 - Principal body corporate

138. Interpretation
139. Principal body corporate
140. Member’s nominee
140A. When original owner can not be nominee for subsidiary body corporate
141. Seal of principal body corporate
142. Address of principal body corporate
143. Meetings of principal body corporate
144. Change of annual general meeting
145. Levies by principal body corporate on members
146. Change of principal body corporate’s address
147. Power of entry
148. Miscellaneous powers of principal body corporate
149. Leases to principal body corporate
150. Community facilities on secondary thoroughfare
151. Duties of principal body corporate
152. Principal body corporate roll
153. Notices to be given by proprietors
154. Supply of information, certificates and copies by principal body corporate
155. Insurance by principal body corporate
156. Power for individuals to act for corporate proprietors
157. Voting rights
158. Constitution of executive committee
158A. Code of conduct for voting members of executive committee
159. Vacation of office of member of executive committee
160. Chairperson, secretary and treasurer of executive committee
161. Meetings of executive committee
161A. Conflict of interest of executive committee member [SM, s 53]
162. Executive committee’s decisions to be decisions of principal body corporate
163. Statutory restrictions on powers of executive committee
164. Restrictions imposed on executive committee by principal body corporate
164A. Protection of executive committee members from liability
164B. Protection of body corporate and executive committee from liability for defamation
165. Principal body corporate manager
166. Costs in proceedings by members against principal body corporate
167. Service of documents on principal body corporate, members and others
168. Establishment of committees

Division 3A - Proxies for general meetings of principal bodies corporate

168A. Application of div 3A
168B. Appointment [SM, s 107]
168C. Form of proxy [SM, s 108]
168D. Use of proxy [SM, s 109]
168E. Special provisions about proxy use [SM, s 110]
168F. Offence [SM, s 111]

Division 3B - Accounts and audit

168G. Application of div 3B
168H. Accounts [SM, s 154]
168I. Audit [SM, s 155]

Division 4 - Additional principal bodies corporate or increase in membership of existing principal body corporate

169. Effect of subdivision of residential precinct in subsequent stage
170. Procedure for increase in membership of existing principal body corporate
171. Meeting of expanded principal body corporate
172. Levies and funds of expanded principal body corporate
173. Application of particular provisions to expanded principal body corporate
174. Application of Act to new principal body corporate
175. Agreements with another principal body corporate

Division 5 - Removal from office of voting members of executive committees for breach of code of conduct

175A. Application of div 5
175B. Notice for breach of code of conduct [SM, s 34]
175C. Removal of voting member at general meeting [SM, s 35]

PART 8A - CONDUCT OF BODY CORPORATE MANAGERS, SERVICE CONTRACTORS AND LETTING AGENTS

Division 1 - Preliminary

175D. Definitions for pt 8A
175E. Meaning of financier for a letting agent’s contract
175F. Meaning of letting agent and letting agent business
175G. Meaning of service contractor for approved scheme or part

Division 2 - Codes of conduct

175H. Code of conduct for body corporate manager and caretaking service contractor
175I. Code of conduct for letting agent

Division 3 - Required transfer of management rights for contravention of code of conduct

Subdivision 1 - Preliminary

175J. Application of div 3
175K. Effect of div 3 on other provisions

Subdivision 2 - Transfer of management rights

175L. Code contravention notice
175M. Grounds for requiring transfer
175N. Requirement for transfer
175O. Transfer—letting agent’s choice of transferee
175P. Giving financier copy of transfer notice
175Q. Transfer—body corporate’s choice of transferee
175R. Terms of service contract on transfer

Subdivision 3 - Replacement of letting agent authorisation and service contract

175S. Replacement of letting agent authorisation and service contract in particular circumstances

Subdivision 4 - Reviewing terms of letting agent’s service contract

175T. Reviewing terms of service contract
175U. Review criteria
175V. Giving copy of review advice to letting agent and prospective buyer of management rights

Subdivision 5 - Disputes about transfer of management rights

175W. QCAT jurisdiction

Division 4 - Disputes about contractual matters

175X. QCAT jurisdiction

Division 5 - Termination of appointment, engagement or authorisation

175Y. Termination for failure to comply with remedial action notice [SM, s 131]

PART 9 - BY-LAWS

Division 1 - Development control by-laws

176. Development control by-laws
177. Minor noncompliance with development control by-laws

Division 2 - Primary thoroughfare by-laws

178. Primary thoroughfare by-laws

Division 3 - Secondary thoroughfare by-laws

179. Secondary thoroughfare by-laws

PART 10 - MISCELLANEOUS

Division 1 - Resolution of particular disputes

179A. Dealing with particular disputes under Building Units and Group Titles Act 1980
179B. Dealing with matter relating to development control by-law
179C. Internal dispute resolution processes to be used before application

Division 2 - Other matters

179D. Associates
180. Applications to be accompanied by fees
181. Penalties paid to general fund or operating fund
182. Regulation-making power

PART 11 - VALIDATION

183. Declaration about resolution of disputes under Building Units and Group Titles Act 1980

PART 12 - TRANSITIONAL PROVISIONS FOR RESORTS AND OTHER ACTS AMENDMENT ACT 2009

Division 1 - Preliminary

184. Definitions for pt 12

Division 2 - Bodies corporate

185. Existing number of committee members may continue until effective day
186. Deferred application of particular provisions
187. Application of code of conduct for existing voting members of executive committees
188. Auditing accounts for first annual general meeting after effective day
189. End of appointment of original owner of secondary lot as nominee for subsidiary body corporate

Division 3 - Body corporate managers, service contractors and letting agents

190. Deferred application of particular provisions
191. Application of code of conduct for existing managers and contractors
192. Application of code of conduct for existing letting agents
193. Existing term of appointment for body corporate manager
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
SCHEDULE 7

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