MIXED USE DEVELOPMENT ACT 1993

Queensland Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

- As at 1 December 2022
- 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

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback