SANCTUARY COVE RESORT ACT 1985

Queensland Consolidated Acts

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SANCTUARY COVE RESORT ACT 1985

- As at 26 April 2024
- Act 79 of 1985

TABLE OF PROVISIONS

Long Title

PART 1 - PRELIMINARY

1. Short title
2. Commencement
3. (Repealed)
3A. Sanctuary Cove Resort
4. Definitions
4A. Meaning of approved use for a zone or part of a zone
4B. Meaning of proposed use plan of the site and adjacent site
4C. References to standard module

PART 2 - THE SITE AND SUBDIVISION OF THE SITE

Division 1 - The site

5. The site
6. Grant of Crown land to the company

Division 2 - Zones

7. Approval of plan of survey
8. Amendment of proposed use plan for minor boundary variation
9. Town planning provisions

Division 3 - Initial subdivision

10. Initial subdivision within the site
11. Effect of registration of initial plan of survey
12. Transfer of primary thoroughfare to primary thoroughfare body corporate

PART 2A - THE ADJACENT SITE AND SUBDIVISION OF THE ADJACENT SITE

Division 1 - The adjacent site

12A. The adjacent site
12B. Grant of Crown land to the company

Division 2 - Zones in the adjacent site

12C. Approval of plan of survey
12D. Amendment of proposed use plan for minor boundary variation
12E. Town planning provisions

Division 3 - Initial subdivision of adjacent site

12F. Initial subdivision within the adjacent site
12G. Effect of registration of initial plan of survey of the adjacent site
12H. Transfer of primary thoroughfare to primary thoroughfare body corporate

PART 2AA - AMENDMENTS BY APPLICATION TO MINISTER

12I. Amendment applications
12J. Members to be notified of proposed amendment
12K. Requirements for application
12L. Minister to consider application
12M. Decision on application
12N. Minor variation of site boundaries
12O. Approval of change of use for zone or part of zone
12P. Approval of amendment of relevant plan

PART 2B - DEALING WITH LAND IN ZONES

Division 1 - Dealing with land in residential zones

13. Subdivision etc. of land within certain residential zones
14. Transfer of lots comprising secondary thoroughfares to principal body corporate
15. Subdivision of secondary lots
15A. Plan of survey where variation of boundary approved
16. Services
16A. Creation of easements over group title lots
17. Ancillary rights
18. Creation of easements
19. Determination of lot entitlements
20. Subdivision of land where wholly or partly submerged

Division 2 - Dealing with land in zones other than residential zones

21. Primary thoroughfare deemed to be dedicated road
21A. Subdivision of land outside residential zones

PART 3 - PRINCIPAL BODY CORPORATE

Division 1 - Principal body corporate

22. Definitions for pt 3
23. Principal body corporate
24. Member’s nominee
24A. When original owner can not be nominee for subsidiary body corporate
25. Seal of principal body corporate
26. Address of principal body corporate
27. Meetings of principal body corporate
28. Secondary thoroughfare by-laws
29. Levies by principal body corporate on members
30. Change of principal body corporate’s address
31. Power of entry
32. Miscellaneous powers of principal body corporate
33. Duties of principal body corporate
34. Principal body corporate roll
35. Notices to be given by proprietors
36. Supply of information, certificates and copies by principal body corporate
37. Insurance by principal body corporate
38. Power for individuals to act for corporate proprietors
39. Voting rights
40. Procedure upon application to Supreme Court

Division 2 - Executive committee

41. Constitution of executive committee
41A. Code of conduct for voting members of executive committee
42. Vacation of office of member of executive committee
43. Chairperson, secretary and treasurer of executive committee
44. Meetings of executive committee
44A. Conflict of interest of executive committee member [SM, s 53]
45. Executive committee’s decisions to be decisions of principal body corporate
46. Statutory restrictions on powers of executive committee
47. Restrictions imposed on executive committee by principal body corporate
47A. Protection of executive committee members from liability
47AA. Protection of body corporate and executive committee from liability for defamation

Division 2A - Principal body corporate manager

47AB. Principal body corporate manager

Division 2B - Proxies for general meetings of principal body corporate

47B. Application of div 2B
47C. Appointment [SM, s 107]
47D. Form of proxy [SM, s 108]
47E. Use of proxy [SM, s 109]
47F. Special provisions about proxy use [SM, s 110]
47G. Offence [SM, s 111]

Division 2C - Accounts and audit

47H. Application of div 2C
47I. Accounts [SM, s 154]
47J. Audit [SM, s 155]

Division 2D - Removal from office of voting members of executive committee for breach of code of conduct

47K. Notice for breach of code of conduct [SM, s 34]
47L. Removal of voting member at general meeting [SM, s 35]

Division 3 - General provisions

48. Costs in proceedings by members against principal body corporate
49. Service of documents on principal body corporate, members and others
50. Establishment of committees

PART 4 - THOROUGHFARES

Division 1 - Construction of roads

51. Local government to approve design etc.
52. Company to construct roads

Division 2 - Maintenance etc. of roads and other structures

53. Thoroughfares are roads
54. Powers etc. of inspectors and others on thoroughfares
54A. Primary and secondary thoroughfares are public places for certain purposes
55. Temporary closure of thoroughfares
56. Occupier’s right to use thoroughfares

Division 3 - Primary thoroughfare

57. Maintenance etc. of roads and other improvements
58. Dealings with land comprising primary thoroughfare
59. Dedication of primary thoroughfare as road
60. Establishment of pedestrian mall
61. Additional works on primary thoroughfare

Division 4 - Secondary thoroughfare

62. Maintenance etc. of roads and other improvements
63. Dealings with land comprising secondary thoroughfare
64. Dedication of secondary thoroughfare as road
64A. Maintenance etc. of canals
64B. Surrender of secondary thoroughfare as canal

PART 5 - PRIMARY THOROUGHFARE BODY CORPORATE

Division 1 - Primary thoroughfare body corporate

65. Definitions for pt 5
66. Primary thoroughfare body corporate
67. Member’s nominee
68. Seal of primary thoroughfare body corporate
69. Address of primary thoroughfare body corporate
70. Meetings of primary thoroughfare body corporate
71. Primary thoroughfare by-laws
72. Voting entitlements before registration of initial plan of survey of adjacent site
72A. Voting entitlements after registration of initial plan of survey of adjacent site
73. Levies by primary thoroughfare body corporate on members
74. Change of primary thoroughfare body corporate’s address
75. Power of entry
76. Miscellaneous powers of primary thoroughfare body corporate
77. Duties of primary thoroughfare body corporate
78. Primary thoroughfare body corporate roll
79. Notices to be given by proprietors
80. Supply of information, certificates and copies by primary thoroughfare body corporate
81. Insurance by primary thoroughfare body corporate
82. Power for individuals to act for corporate members
83. Voting rights
84. Procedure upon application to Supreme Court

Division 2 - Executive committee

85. Constitution of executive committee
85A. Code of conduct for voting members of executive committee
86. Vacation of office of member of executive committee
87. Chairperson, secretary and treasurer of executive committee
88. Meetings of executive committee
88A. Conflict of interest of executive committee member [SM, s 53]
89. Executive committee’s decisions to be decisions of primary thoroughfare body corporate
90. Statutory restrictions on powers of executive committee
91. Restrictions imposed on executive committee by primary thoroughfare body corporate
91A. Protection of executive committee members from liability
91AA. Protection of body corporate and executive committee from liability for defamation

Division 2A - Primary thoroughfare body corporate manager

91AB. Primary thoroughfare body corporate manager

Division 2B - Proxies for principal body corporate at general meetings of primary thoroughfare body corporate

91B. Application of div 2B
91C. Appointment [SM, s 107]
91D. Form of proxy [SM, s 108]
91E. Use of proxy [SM, s 109]
91F. Special provisions about proxy use [SM, s 110]
91G. Offence [SM, s 111]

Division 2C - Removal from office of voting members of executive committee for breach of code of conduct

91H. Notice for breach of code of conduct [SM, s 34]
91I. Removal of voting member at general meeting [SM, s 35]

Division 3 - General provisions

92. Costs in proceedings by members against primary thoroughfare body corporate
93. Service of documents on primary thoroughfare body corporate, members and others
94. Power of primary thoroughfare body corporate to convene community meetings

PART 5A - CONDUCT OF BODY CORPORATE MANAGERS, SERVICE CONTRACTORS AND LETTING AGENTS

Division 1 - Preliminary

94A. Definitions for pt 5A
94B. Meaning of financier for a letting agent’s contract
94C. Meaning of letting agent and letting agent business
94D. Meaning of service contractor for resort or part

Division 2 - Codes of conduct

94E. Code of conduct for body corporate manager and caretaking service contractor
94F. Code of conduct for letting agent

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

Subdivision 1 - Preliminary

94G. Application of div 3
94H. Effect of div 3 on other provisions

Subdivision 2 - Transfer of management rights

94I. Code contravention notice
94J. Grounds for requiring transfer
94K. Requirement for transfer
94L. Transfer—letting agent’s choice of transferee
94M. Giving financier copy of transfer notice
94N. Transfer—body corporate’s choice of transferee
94O. Terms of service contract on transfer

Subdivision 3 - Replacement of letting agent authorisation and service contract

94P. Replacement of letting agent authorisation and service contract in particular circumstances

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

94Q. Reviewing terms of service contract
94R. Review criteria
94S. Giving copy of review advice to letting agent and prospective buyer of management rights

Subdivision 5 - Disputes about transfer of management rights

94T. QCAT jurisdiction

Division 4 - Disputes about contractual matters

94U. QCAT jurisdiction

Division 5 - Termination of appointment, engagement or authorisation

94V. Termination for failure to comply with remedial action notice [SM, s 131]

PART 6 - DEVELOPMENT CONTROL BY-LAWS

95. Development control by-laws
96. Minor noncompliance with development control by-laws

PART 6A - RESIDENTIAL ZONE ACTIVITIES BY-LAWS

96A. Residential zone activities by-laws
96B. Minor noncompliance with residential zone activities by-laws

PART 7 - PROVISIONS AS TO LAND SUBJECT TO TIDAL INFLUENCE

97. Interpretation
98. (Repealed)
99. Obligation of authorities to maintain or undertake works
100. Movement of vessels on tidal waters
101. State not to grant lease etc. within site etc.
102. Construction of special dwelling houses
103. Application of laws of the State
104. Construction and use of structures on bank of Coomera River

PART 8 - MISCELLANEOUS PROVISIONS

Division 1 - Resolution of particular disputes

104A. Dealing with particular disputes under Building Units and Group Titles Act 1980
104B. Dealing with matter relating to development control by-law
104C. Internal dispute resolution processes to be used before application

Division 2 - Other matters

104D. Associates
105. Statutory charges
105A. Delegation by chief executive
106. Request for local government approval to be accompanied by fee
107. Offences generally and penalty
108. Proceedings for offences
109. Evidentiary provisions
110. Tabling of orders in council
111. Regulation-making power

PART 9 - VALIDATION

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

PART 10 - TRANSITIONAL PROVISIONS FOR RESORTS AND OTHER ACTS AMENDMENT ACT 2009

Division 1 - Preliminary

113. Definitions for pt 10

Division 2 - Changes to zones

114. References to proposed use plan of site
115. References to proposed use plan of adjacent site
116. Former floating dwelling house zone
117. Transitional amendment of initial plan of survey of site to reflect new zone boundaries
118. Transitional amendment of initial plan of survey of adjacent site to reflect new zone boundaries
119. Transitional amendment of other plans of survey or group title plans to reflect new zone boundaries

Division 3 - Bodies corporate

120. Existing number of committee members may continue until effective day
121. Deferred application of particular provisions
122. Application of code of conduct for existing voting members of executive committees
123. Auditing accounts for first annual general meeting after evaluation day
124. End of appointment of original owner of secondary lot as nominee for subsidiary body corporate

Division 4 - Body corporate managers, service contractors and letting agents

125. Deferred application of particular provisions
126. Application of code of conduct for existing managers and contractors
127. Application of code of conduct for existing letting agents
128. Existing term of appointment for body corporate manager
Schedule 1 (Repealed)
Schedule 2 (Repealed)
Schedule 3 (Repealed)
Schedule 4 (Repealed)
Schedule 5 (Repealed)
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
SCHEDULE 7
SCHEDULE 8
SCHEDULE 9

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