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INTEGRATED RESORT DEVELOPMENT ACT 1987 - SCHEDULE 7
SCHEDULE 7 – Dictionary
"access" means access by road.
"applicant" means an applicant for approval of a scheme and includes the
executors, administrators, successors and assigns of the applicant.
"approved scheme" means a scheme approved or as amended for the time being by
the Governor in Council pursuant to this Act.
"associate" , of a person, means someone else with whom the person is
associated under section 179D .
"body corporate" , for schedule 3 , see schedule 3 , section 1 .
"body corporate manager" —
(a) of a primary thoroughfare body
corporate—means a person appointed by the body corporate under section 130 ;
or
(b) of a principal body corporate—means a person appointed by the body
corporate under section 165 .
"building unit lot" means a lot shown on a building units plan.
"building units plan" means a building units plan within the meaning of the
Building Units and Group Titles Act 1980 .
"business precinct" means a precinct, however described, identified in an
approved scheme for the purposes of this Act as being a business precinct.
"canal" has the meaning given by the
Coastal Protection and Management Act 1995 , section 9 .
"candidate" , for schedule 3 , see schedule 3 , section 1 .
"caretaking service contractor" see section 175D .
"chief executive" means the chief executive of the department.
"code contravention notice" see section 175L (1) .
"code of conduct" means— (a) for a voting member of the executive committee
of a primary thoroughfare body corporate or principal body corporate—the
code in schedule 4 ; or
(b) for a body corporate manager or caretaking
service contractor—the code in schedule 5 ; or
(c) for a letting
agent—the code in schedule 6 .
"Commercial and Consumer Tribunal" ...
"development control by-laws" in respect of an approved scheme, means the
development control by-laws in force for the time being pursuant to
section 176 .
"drainage" includes drainage for the product of rain, storm, soakage, a spring
or seepage.
"eligibility category" , for schedule 3 , see schedule 3 , section 1 .
"executive committee" , for schedule 3 , see schedule 3 , section 1 .
"executive member" , for schedule 3 , see schedule 3 , section 1 .
"financial year" — (a) for a primary thoroughfare body corporate, means a
period in relation to which the body corporate is required under section 116
(1) (f) to prepare a statement of accounts; or
(b) for a principal body
corporate, means a period in relation to which the body corporate is required
under section 151 (1) (f) to prepare a statement of accounts.
"financier" , for a letting agent’s contract, see section 175E .
"floating dwelling" means a permanently moored floating dwelling constructed
or to be constructed on a floatation system and which— (a) is or is to be
supported by waters; and
(b) is not intended for or usable in navigation.
"future development area" has the meaning given by section 21 .
"group title lot" means a lot shown on a group titles plan.
"group titles plan" means a group titles plan within the meaning of the
Building Units and Group Titles Act 1980 .
"initial lot" means a lot shown on the initial plan of subdivision other than
a lot that comprises the whole or part of the primary thoroughfare.
"initial plan of subdivision" means a plan of subdivision for the time being
registered by the registrar of titles in accordance with section 32 .
"Integrated Planning Act" ...
"letting agent" see section 175F (1) .
"letting agent authorisation" see section 175D .
"letting agent business" see section 175F (2) .
"Local Authority" ...
"majority resolution" , for a duly convened general meeting of a primary
thoroughfare body corporate or principal body corporate, means a resolution on
a motion— (a) for which only 1 written vote may be exercised, other than by
proxy, for each lot mentioned in the relevant body corporate roll; and
(b)
that is passed only if the votes counted for the motion are more than 50% of
the lots for which persons are entitled to vote on the motion.
"management rights" , of a letting agent for an approved scheme or part of an
approved scheme, see section 175D .
"Minister" ...
"nominee" , for a member of a principal body corporate, see section 140 (1) .
"ordinary member" , for schedule 3 , see schedule 3 , section 1 .
"ordinary resolution" , for a duly convened general meeting of a primary
thoroughfare body corporate or principal body corporate, means a resolution
that is passed by the members of the body corporate whose voting entitlements
total more than 50% of the total of all voting entitlements recorded in the
relevant body corporate roll.
"original owner" , of an initial or 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.
"Planning Act" means the Planning Act 2016 .
"precinct" means a part of a site identified in an approved scheme as a
precinct.
"primary thoroughfare" in respect of an approved scheme means the lot or lots
that comprises or together comprise the primary thoroughfare as shown at the
material time on the initial plan or plans of subdivision.
"primary thoroughfare body corporate" means a primary thoroughfare body
corporate incorporated by the registration of the first initial plan of
subdivision registered in respect of an approved scheme.
"primary thoroughfare by-laws" in respect of an approved scheme means the
primary thoroughfare by-laws for the time being in force pursuant to
section 178 .
"primary thoroughfare precinct" means a precinct identified in an approved
scheme for the purposes of this Act as being a primary thoroughfare precinct.
"principal body corporate" means a principal body corporate incorporated by
the registration of the first initial plan of subdivision subdividing a
residential precinct registered in respect of an approved scheme.
"quay line" means a line identified in an approved scheme as a quay line for
the purposes of section 81 .
"relevant body corporate debt" means a following amount owed by a person to a
subsidiary body corporate— (a) a contribution or instalment of a
contribution;
(b) a penalty for not paying a contribution or instalment of a
contribution by the date for payment;
(c) another amount associated with the
ownership of a lot. Examples of another amount— • an annual payment for
parking under an exclusive use by-law made by the subsidiary body corporate
• an amount owing to the subsidiary body corporate for lawn mowing services
arranged by the subsidiary body corporate on behalf of the person
"replacement schedule" , for part 5 , division 4 , subdivision E, see
section 79B .
"residential precinct" means a precinct, however described, identified in an
approved scheme for the purposes of this Act as being a residential precinct.
"reviewable terms" , for a service contract, see section 175D .
"review advice" , about a service contract, see section 175D .
"road" means any way constituted to facilitate the traffic of vehicles usually
passing on public roads.
"scheme" means a scheme of integrated resort development.
"secondary lot" means a lot (other than a lot constituting a
secondary thoroughfare) shown on a plan of subdivision of an initial lot or of
subdivision of a secondary lot but does not include a building unit lot or a
group title lot.
"secondary thoroughfare" means the lot or lots that comprises or together
comprise the secondary thoroughfare as shown on the plan or plans of
subdivision subdividing lots within the residential precincts.
"secondary thoroughfare by-laws" means the secondary thoroughfare by-laws for
the time being in force pursuant to section 179 .
"service" means— (a) a service for— (i) water, sewage or drainage; or
(ii) gas, electricity or oil; or
(iii) air conditioning; or
(iv) garbage; or
(b) a service for television, telephone or another means of telecommunication;
or
(c) another service prescribed by regulation.
"service contract" see section 175D .
"service contractor" , for an approved scheme or part of an approved scheme,
see section 175G .
"site" in respect of an approved scheme, means the site as determined pursuant
to section 27 .
"special dwelling" means a dwelling constructed or designed to be constructed
on land and the foundations of which extend from land above high water mark to
land below high water mark.
"special resolution" — (a) for a general meeting of a primary thoroughfare
body corporate, see section 101 ; or
(b) for a general meeting of a principal
body corporate, see section 138 .
"subject land" , in relation to an application for amendment of an approved
scheme under part 2 , division 2 , means each precinct, or other land within
the site, to which the application relates.
"subsequent stage" means a subsequent stage mentioned in section 26 .
"subsidiary body corporate" — (a) of, or in relation to, a primary
thoroughfare body corporate, means any of the following bodies corporate that
are members of the primary thoroughfare body corporate— (i) the principal
body corporate;
(ii) a body corporate created by the registration of a
building units plan or group titles plan; or
(b) of, or in relation to, a
principal body corporate, means a body corporate created by the registration
of a building units plan or group titles plan that is a member of the
principal body corporate.
"transfer notice" , for part 8A , see section 175N (b) (ii) .
"voting member" — (a) of the executive committee of a primary thoroughfare
body corporate—see section 123A (1) ; or
(b) of the executive committee of
a principal body corporate—see section 158A (1) .
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