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INTEGRATED RESORT DEVELOPMENT ACT 1987 - SECT 179
Secondary thoroughfare by-laws
(1) Subject to subsection (5) , the principal body corporate, pursuant to a
special resolution, for the purpose of the control, management,
administration, use or enjoyment of the secondary thoroughfare and any
improvements thereon, may from time to time make by-laws and may in like
manner amend or repeal those by-laws.
(2) A secondary thoroughfare by-law has
no force or effect until the Minister has approved the by-law and notification
of the Minister’s approval has been published in the gazette.
(3) A lease
of a lot or of any common property where access to the primary thoroughfare is
through a secondary thoroughfare shall be deemed to contain an agreement by
the lessee that the lessee shall comply with the secondary thoroughfare
by-laws for the time being in force.
(4) Without limiting the operation of
any other provision of this Act, the secondary thoroughfare by-laws for the
time being in force bind the principal body corporate, each member of the
principal body corporate and each proprietor and any mortgagee in possession
(whether by himself or herself or any other person), lessee or occupier, of a
lot within the residential precincts to the same extent as if those by-laws
had been signed and sealed by the principal body corporate, each member of the
principal body corporate and each proprietor and each such mortgagee, lessee
and occupier respectively and as if they contained mutual covenants to observe
and perform all the provisions of those by-laws.
(5) No amendment of or
addition to a secondary thoroughfare by-law shall be capable of operating to
prohibit, destroy or modify any easement, service right or service obligation
implied or created by this Act.
(6) A secondary thoroughfare by-law may apply
to all the secondary thoroughfares or to a particular thoroughfare or part
thereof specified in the by-law.
(7) A secondary thoroughfare by-law shall
not affect the operation of any other Act or law.
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