Queensland Consolidated Acts

MIXED USE DEVELOPMENT ACT 1993 - SECT 161

161 Additional works on community property

(1) At the request of a member of the community body corporate, the community body corporate may undertake works on any part of the community property to enhance the amenity of land or the profitability of any business undertaking within the site.

(2) Works that restrict vehicular access to part of the site may be undertaken only if each occupier of the land comprising the part consents in writing to the restriction.

(3) If the works affect a road constructed on the community thoroughfare, the works may be undertaken only if—

(a) the relevant local government approves the works; and

(b) all conditions of the local government’s approval (including conditions about standards of construction) are complied with.

(4) If the works affect a canal, the works may only be undertaken if the Governor in Council approves the works.

(5) The community body corporate must recover all the costs of undertaking the works (including the costs incurred in obtaining the approval of the local government, the Governor in Council and any other approvals required by law) from the members of the community body corporate who requested the works.

(6) If 2 or more members of the community body corporate are liable to pay the costs of undertaking the works, each member must pay the amount determined under subsection (7) .

(7) Each member must pay an amount that bears to the total costs incurred the same proportion that the member’s voting entitlements (attributable to the land the amenity of which is sought to be enhanced or on which the business undertaking the profitability of which is sought to be enhanced is carried on) bears to the total of the voting entitlements of all members liable to contribute towards the costs.

(8) The community body corporate must levy contributions to give effect to subsections (5) , (6) and (7) .

(9) Section 174 applies, with any necessary modifications, to contributions levied under this section.

(10) Nothing in this section prevents the community body corporate from requiring the members concerned to pay the whole or part of the expected costs of the finished works before the works are started or finished.