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MIXED USE DEVELOPMENT ACT 1993


- As at 1 July 2024 
- Act 21 of 1993 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Definitions
   4.      Words and expressions used in Building Units and Group Titles Act
   4A.     References to standard module

   PART 2 - BASIC CONCEPTS

   5.      Purpose of this part
   6.      Mixed use scheme
   7.      Types of development suitable for a mixed use scheme
   8.      Proposed uses of mixed use scheme to be consistent with the planning scheme
   9.      The site
   10.     Future development area
   11.     First subdivision of the site
   12.     The community plan
   13.     Community development lots
   14.     Community property lots
   15.     Community body corporate
   16.     Staged development
   17.     Precinct plan
   18.     Balance precinct development lots
   19.     Precinct development lots
   20.     Precinct property lots
   21.     Precinct body corporate
   22.     Subdivision of community development lots and precinct development lots by group titles and building units plans
   23.     Stratum subdivision
   24.     Membership of community body corporate On subdivision of site by community plan
   25.     Membership of precinct body corporate

   PART 3 - SCHEME OF MIXED USE DEVELOPMENT

           Division 1 - Approval of schemes

   26.     Minimum requirements for approval of scheme
   27.     Land taken to be zoned for mixed use development
   28.     Application for approval of scheme
   29.     Decision on application if site taken to be appropriately zoned
   30.     Decision on application if site requires rezoning
   31.     Notification of decision on application
   32.     Submission of scheme by local government
   33.     Approval of scheme
   34.     Notation of approved scheme

           Division 2 - Future development areas

   35.     Application that includes future development area
   36.     Provisional approval
   37.     Application for revocation of provisional approval
   38.     Approval of revocation
   39.     Notation of revocation of provisional approval
   40.     Application for subsequent stages

           Division 3 - Amendment of approved schemes

   41.     Application for amendment of an approved scheme
   42.     Application for amendment to add land to the site
   43.     Application not adding additional land
   44.     Certain amendments not allowed after community plan registered
   45.     Decision on application if application to amend planning scheme not required
   46.     Decision on application if amendment of planning scheme required
   47.     Notification of decision on application
   48.     Submission of amendment of scheme approved by local authority
   49.     Approval of amendment of scheme
   50.     Notation of amendment
   51.     Minor variation of precinct boundaries

           Division 4 - Appeals

   52.     Appeals to the Planning and Environment Court

           Division 5 - Effect of approval of scheme

   53.     Approved scheme regulates development etc. of site

           Division 6 - Rescission of approved schemes

   54.     Application for rescission
   55.     Rescission of approval
   56.     Notation of rescission
   57.     Effect of rescission

           Division 7 - Unauthorised uses

   58.     Use of construction works
   59.     Use of land etc. within a precinct

   PART 4 - THE SITE

   60.     The site
   61.     Grant of Crown land
   62.     Site forms part of local authority area

   PART 5 - SUBDIVISION OF SITE

           Division 1 - Subdivision of site by community plan

   63.     Lodgment of community plan
   64.     Approval of community plan
   65.     Registration of community plan
   66.     Vesting of community property in community body corporate

           Division 2 - Amalgamation of community development lots by community plan of amalgamation

   67.     Community plan of amalgamation
   68.     Approval of community plan of amalgamation
   69.     Registration of community plan of amalgamation
   70.     Notice of amalgamation

           Division 3 - Subdivision of community development lot by community plan of subdivision

   71.     Community plan of subdivision
   72.     Approval of community plan of subdivision
   73.     Registration of community plan of subdivision
   74.     Notice of subdivision
   75.     Vesting of community property in community body corporate

           Division 4 - Subdivision of community development lot by stratum plan under pt 6

   76.     Stratum subdivision of community development lot
   77.     Approval of stratum plan

           Division 5 - Subdivision of community development lot by building units or group titles plan

   78.     Building units or group titles plan
   79.     Lodgment of building units or group titles plan
   80.     Approval of building units or group titles plan
   81.     Registration of building units or group titles plan
   82.     Subdivision of group title lot by building units plan
   83.     Subdivision of group title lot by group titles plan
   84.     Lot entitlement if group title lot to be subdivided by a building units plan
   85.     Application of Building Units and Group Titles Act to subdivisions

           Division 6 - Subdivision of community development lot by precinct plan

   86.     Precinct plan
   87.     Approval of precinct plan
   88.     Registration of precinct plan
   89.     Vesting of precinct property in precinct body corporate

           Division 7 - Amalgamation of precinct development lots by precinct plan of amalgamation

   90.     Precinct plan of amalgamation
   91.     Approval of precinct plan of amalgamation
   92.     Registration of precinct plan of amalgamation
   93.     Notice of amalgamation

           Division 8 - Subdivision of precinct development lot by precinct plan of subdivision

   94.     Precinct plan of subdivision
   95.     Approval of precinct plan of subdivision
   96.     Registration of precinct plan of subdivision
   97.     Notice of subdivision
   98.     Vesting of precinct property in precinct body corporate

           Division 9 - Subdivision of precinct development lot or balance precinct development lot by stratum plan under pt 6

   99.     Stratum plan
   100.    Approval of stratum plan

           Division 10 - Subdivision of precinct development lot or balance precinct development lot by building units or group titles plan

   101.    Subdivision by building units or group titles plan
   102.    Approval of building units or group titles plan
   103.    Registration of building units or group titles plan
   104.    Subdivision of group title lot by a building units plan
   105.    Subdivision of group title lot by group titles plan
   106.    Lot entitlement if group title lot to be subdivided by a building units plan
   107.    Application of Building Units and Group Titles Act to subdivisions

           Division 11 - Matters applying to subdivision generally

              Subdivision A - Extinguishment of plans

   108.    Extinguishment of plan
   109.    Order of Supreme Court to extinguish plan
   110.    Registration
   111.    Notification of local authority

              Subdivision B - Boundary adjustment plans

   112.    Boundary adjustment plan
   113.    Registration of boundary adjustment plan
   114.    Effect of boundary adjustment plan

              Subdivision C - Easements

   115.    Implied easements
   116.    Ancillary rights
   117.    Creation of easements by comprehensive resolution

              Subdivision D - Sequential plans

   118.    Approval of sequential plans by local authority
   119.    Registration of sequential plans by registrar of titles

   PART 6 - STRATUM SUBDIVISION

           Division 1 - Interpretation

   120.    Definition

           Division 2 - Subdivision

   121.    Stratum lots and dealings with stratum lots
   122.    Stratum boundary adjustment plan
   123.    Stratum plan of subdivision
   124.    Stratum plan of amalgamation
   125.    General requirements relating to plans

           Division 3 - Easements

   126.    Support and shelter for certain stratum lots
   127.    Services for certain stratum lots
   128.    Right of way
   129.    Ancillary rights for easements
   130.    Subdivision of stratum lot by building units plan
   131.    Creation of easements

           Division 4 - Valuation

   132.    Valuation of stratum lots

           Division 5 - Management statements

   133.    Requirements of management statement
   134.    Recording of management statement
   135.    Effect of management statement
   136.    General provisions that apply to management statement
   137.    Form of management statement
   138.    Matters required for management statement
   139.    Optional matters for management statement
   140.    Amendment of management statement

   PART 7 - LAND SUBJECT TO TIDAL INFLUENCE

   141.    Estate or interest in submerged land continues
   142.    Subdivision of submerged land
   143.    Construction of floating buildings and special buildings
   144.    Tidal waters within jurisdiction of authorities
   145.    Obligation of authorities to maintain or undertake works
   146.    Movement of vessels on tidal waters
   147.    Application of laws relating to design and construction etc.
   148.    Statutory charges and valuation of land
   149.    Modification of powers of authorities

   PART 8 - THOROUGHFARES, CANALS AND FACILITIES

           Division 1 - Thoroughfares

   150.    Construction of thoroughfares
   151.    Maintenance etc. of thoroughfares
   152.    Dedication of thoroughfare as road
   153.    Thoroughfares are roads under certain Acts
   154.    Temporary closure of thoroughfares
   155.    Occupier’s right to use thoroughfares

           Division 2 - Canals

   156.    Construction of canals
   157.    Maintenance of canals
   158.    Surrender of canal to State

           Division 3 - Community and precinct facilities

   159.    Construction of community facilities
   160.    Construction of precinct facilities

           Division 4 - Other matters

   161.    Additional works on community property
   162.    Additional works on precinct property
   163.    Leasing of community and precinct property
   164.    Leases to community and precinct bodies corporate
   165.    Powers of officials on community or precinct property
   165A.   Community property and precinct property is public place for certain purposes

   PART 9 - BODIES CORPORATE

           Division 1 - Interpretation

              Subdivision 1 - General

   166.    Definitions
   166A.   References to bodies corporate created by the registration of a building units or group titles plan

              Subdivision 2 - Electable persons

   166B.   Definitions for subdivision
   166C.   Meaning of electable person

           Division 2 - Incorporation of community body corporate

   167.    Community body corporate

           Division 3 - Incorporation of precinct body corporate

   168.    Precinct body corporate

           Division 4 - Matters applying to community and precinct bodies corporate

   169.    Members’ nominees
   170.    Seals of bodies corporate
   171.    Address for service of bodies corporate
   172.    Meetings of bodies corporate
   172A.   Change of annual general meeting
   173.    Voting entitlements
   174.    Levies by bodies corporate on members
   175.    Power of entry
   176.    Miscellaneous powers of bodies corporate
   177.    Duties of bodies corporate
   178.    Body corporate rolls
   179.    Notices to be given by members
   180.    Applications for supply of information etc. by bodies corporate
   181.    Supply of information etc. by bodies corporate
   182.    Insurance by bodies corporate
   183.    Delegation by corporate members of bodies corporate
   184.    Voting rights
   185.    Constitution of executive committee
   185A.   Code of conduct for voting members of executive committee
   185B.   Non-voting members of executive committee
   186.    Vacation of office of member of executive committee
   187.    Chairperson, secretary and treasurer of executive committee
   188.    Meetings of executive committee
   188AA.  Notice of executive committee meetings
   188AB.  When voting member ineligible to vote at executive committee meetings
   188AC.  When executive committee member may receive particular benefits
   188A.   Conflict of interest of executive committee member [SM, s 53]
   189.    Executive committee’s decisions to be decisions of body corporate
   190.    Statutory restrictions on powers of executive committee
   191.    Restrictions imposed on executive committee by body corporate
   192.    Community or precinct body corporate manager
   193.    Costs in proceedings by members against body corporate
   194.    Service of documents on bodies corporate, members and others
   195.    Power of bodies corporate to convene meetings
   196.    Establishment of committees
   197.    Agreements between precinct bodies corporate

           Division 5 - Increase in membership of community body corporate

   198.    Effect of subdivision of subsequent stage or additional land
   199.    Meeting of community body corporate
   200.    Levies and funds
   201.    Application of divs 2 and 4

           Division 6 - Proxies for general meetings of bodies corporate

              Subdivision 1 - Representing precinct bodies corporate at meetings of community bodies corporate

   201A.   Application of sdiv 1
   201B.   Appointment [SM, s 107]
   201C.   Use of proxy [SM, s 109]
   201D.   Special provisions about proxy use [SM, s 110]
   201E.   Offence [SM, s 111]

              Subdivision 2 - Meetings of precinct bodies corporate

   201F.   Application of sdiv 2
   201G.   Appointment [SM, s 107]
   201H.   Use of proxy [SM, s 109]
   201I.   Special provisions about proxy use [SM, s 110]
   201J.   Offence [SM, s 111]

              Subdivision 3 - Matters applying to proxies for meetings of community and precinct bodies corporate

   201K.   Form of proxy [SM, s 108]
   201L.   How proxy may be exercised [SM, s 109]

           Division 7 - Accounts and audit for precinct bodies corporate

   201M.   Application of div 7
   201N.   Accounts [SM, s 154]
   201O.   Audit [SM, s 155]

           Division 8 - Removal from office of voting members of executive committee for breach of code of conduct

   201P.   Notice for breach of code of conduct [SM, s 34]
   201Q.   Removal of voting member at general meeting [SM, s 35]

   PART 9A - CONDUCT OF BODY CORPORATE MANAGERS, SERVICE CONTRACTORS AND LETTING AGENTS

           Division 1 - Preliminary

   201R.   Definitions for pt 9A
   201S.   Meaning of financier for a letting agent’s contract
   201T.   Meaning of letting agent and letting agent business
   201U.   Meaning of service contractor for site or precinct

           Division 2 - Codes of conduct

   201V.   Code of conduct for body corporate manager and caretaking service contractor
   201W.   Code of conduct for letting agent

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

              Subdivision 1 - Preliminary

   201X.   Application of div 3
   201Y.   Effect of div 3 on other provisions

              Subdivision 2 - Transfer of management rights

   201Z.   Code contravention notice
   201ZA.  Grounds for requiring transfer
   201ZB.  Requirement for transfer
   201ZC.  Transfer—letting agent’s choice of transferee
   201ZD.  Giving financier copy of transfer notice
   201ZE.  Transfer—body corporate’s choice of transferee
   201ZF.  Terms of service contract on transfer

              Subdivision 3 - Replacement of letting agent authorisation and service contract

   201ZG.  Replacement of letting agent authorisation and service contract in particular circumstances

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

   201ZH.  Reviewing terms of service contract
   201ZI.  Review criteria
   201ZJ.  Giving copy of review advice to letting agent and prospective buyer of management rights

              Subdivision 5 - Disputes about transfer of management rights

   201ZK.  QCAT jurisdiction

           Division 4 - Disputes about contractual matters

   201ZL.  QCAT jurisdiction

           Division 5 - Termination of appointment, engagement or authorisation

   201ZM.  Termination for failure to comply with remedial action notice [SM, s 131]

   PART 10 - BY-LAWS

           Division 1 - Community by-laws

   202.    Community development control by-laws
   203.    Community activities by-laws
   204.    Application of community development control by-laws and community activities by-laws
   205.    Minor noncompliance with community development control by-laws or community activities by-laws
   206.    Community property by-laws
   206A.   Restricted community property by-laws
   207.    Application of community by-laws to leased areas

           Division 2 - Precinct by-laws

   208.    Precinct development control by-laws
   209.    Precinct activities by-laws
   210.    Application of precinct development control by-laws and precinct activities by-laws
   211.    Minor noncompliance with precinct development control by-laws or precinct activities by-laws
   212.    Precinct property by-laws
   212A.   Restricted precinct property by-laws
   213.    Application of precinct by-laws to leased areas

   PART 11 - MISCELLANEOUS

           Division 1 - Fire safety

   214.    Fire safety requirements

           Division 2 - Resolution of particular disputes

   214A.   Dealing with particular disputes under Building Units and Group Titles Act 1980
   214B.   Dealing with matter relating to community development control by-law
   214C.   Dealing with matter relating to precinct development control by-law
   214D.   Internal dispute resolution processes to be used before application

           Division 3 - Other matters

   214E.   Associates
   215.    Applications to be accompanied by fees
   216.    Chief executive may approve forms
   217.    Delegation by Minister
   218.    Regulation-making power

   PART 12 - BRETTS WHARF DEVELOPMENT

   219.    Definitions
   220.    Redevelopment is a mixed use development
   221.    Restricted property by-laws
   222.    Application of Building Units and Group Titles Act

   PART 13 - VALIDATION

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

   PART 14 - TRANSITIONAL PROVISIONS FOR LOCAL GOVERNMENT ELECTORAL ACT 2011

           Division 1 - Preliminary

   224.    Definitions for pt 14

           Division 2 - Bodies corporate

   225.    Deferred application of particular provisions
   226.    Application of code of conduct for existing voting members of executive committees
   227.    Auditing accounts for first annual general meeting after evaluation day

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

   228.    Deferred application of particular provisions
   229.    Application of code of conduct for existing body corporate managers and caretaking service contractors
   230.    Application of code of conduct for existing letting agents

   PART 15 - TRANSITIONAL PROVISIONS FOR BUILDING UNITS AND GROUP TITLES AND OTHER LEGISLATION AMENDMENT ACT 2022

   231.    Application of s 169
   232.    Application of s 177
   233.    Elected persons who are not electable persons
   234.    Application of s 188
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5


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