Queensland Consolidated Acts

LAND TITLE ACT 1994 - SECT 115I

115I Enlarging the number of lots through progressive subdivision

(1) This section applies to a basic scheme for which—

(a) an application for a development approval is made under the Planning Act ; or

(b) an application for a development approval, or a request for compliance assessment of development, was made under the repealed Sustainable Planning Act 2009 ; or

(c) an application for development approval was made under the repealed Integrated Planning Act 1997 on or after 4 March 2003.

(2) The number of lots included in the scheme may be increased through the progressive subdivision of lots to create further lots included in the scheme.

Note—

BCCM Act , schedule 1 (Illustrations), part 4 (Example of progressive subdivision for creating more lots in a scheme) gives an example of the operation of this section.

(3) Subject to subsection (4) , the lots may be subdivided by plans of subdivision of a different format from the plan of subdivision that created the original lots if the subdivision is to create a layered arrangement of community titles schemes.

(4) The lots may be subdivided by plans of subdivision of a different format from the plan of subdivision that created the original lots, without creating a layered arrangement of community titles schemes, if each of the following apply to the scheme—

(a) the community management statement states that the lots included in the scheme are to be subdivided by different format plans of subdivision;

(b) the lots are subdivided by different format plans of subdivision;

(c) the contribution schedule lot entitlements equitably reflect the difference in the maintenance requirements of the standard format lots, building format lots and volumetric format lots.