Queensland Consolidated Acts

SANCTUARY COVE RESORT ACT 1985 - SECT 12A

12A The adjacent site

(1) Subject to subsection (2) , the
"adjacent site" is the area of land shown on the initial plan of survey of the adjacent site.

(2) If the initial plan of survey of the adjacent site is amended under part 2AA by varying the boundary of the adjacent site, the
"adjacent site" is the area of land shown on the initial plan of survey of the adjacent site as amended.

(3) Notwithstanding any other Act or law the adjacent site includes land within the boundaries of the adjacent site that is or may be or becomes inundated by water or subject to tidal influence and any estate or interest held in that land before the land becomes inundated or became subject to tidal influence is not affected by the inundation or being subject to tidal influence.

(4) Despite the Local Government Act 1993 , the adjacent site forms part of the Gold Coast city local government area constituted under that Act.

(5) Subject to subsection (6) but notwithstanding any other provision of this Act, land within the site (as defined in section 5 ) may, for the purposes of this Act, be treated as being within a zone of the adjacent site if—

(a) it abuts land within the adjacent site; and

(b) it is zoned for residential use; and

(c) its zoning corresponds with that of the land it abuts within the adjacent site; and

(d) the land is not already included in a subdivision or resubdivision of the site by means of a building units plan or group titles plan.

(6) Where pursuant to subsection (5) land within the site is included in a plan of survey subdividing or resubdividing a secondary lot within the adjacent site by means of a building units plan or group titles plan, the plan shall not be approved if—

(a) the aggregate of the areas of the land within the site and included in the plan and of all other land within the site previously treated under subsection (5) as being within the adjacent site exceeds 5ha; or

(b) the total number of building unit lots and group title lots permitted within the adjacent site would be exceeded if the plan were to be approved; or

(c) the total number of building unit lots and group title lots approved for the relevant zone of the adjacent site would be exceeded if the plan were to be approved.