Queensland Consolidated Acts

SANCTUARY COVE RESORT ACT 1985 - SECT 23

23 Principal body corporate

(1) Upon registration of the initial plan of survey, the proprietor or proprietors of all the initial lots within the residential zones of the site shall by virtue of this Act be a body corporate under the name ‘Sanctuary Cove Principal Body Corporate’.

(1A) Upon registration of the initial plan of survey of the adjacent site, the proprietor or proprietors of all the initial lots within the residential zones of the adjacent site shall be members of the principal body corporate.

(2) When an initial lot is subdivided into secondary lots (whether or not lots for secondary thoroughfares are thereby created), the proprietor of the initial lot shall cease to be a member of the principal body corporate and the proprietor or proprietors of the secondary lots shall become a member or, as the case may be, members of the principal body corporate.

(3) When a secondary lot is subdivided by way of a group titles plan or a building units plan, the proprietor of the secondary lot—

(a) shall give notice in writing to the principal body corporate of the name and address or service of notices of the body corporate incorporated by the registration of that plan; and

(b) shall cease to be a member of the principal body corporate, and the body corporate created by the registration of that plan shall become a member of the principal body corporate.

(4) Subdivision or resubdivision of a lot or a lot and common property on a group titles plan by way of a building units plan or a group titles plan does not affect the membership of the principal body corporate.

(5) The Corporations Act does not apply to or in respect of the principal body corporate.

(6) Subject to this Act, the principal body corporate shall have the powers, authorities, duties and functions conferred or imposed on it by or under this Act, the development control by-laws or the residential zone activities by-laws and shall do all things reasonably necessary for the enforcement of the development control by-laws and the control, management and administration of the secondary thoroughfares.

(7) The principal body corporate shall have perpetual succession and a common seal and shall be capable of suing and being sued in its corporate name and shall be regulated in accordance with the principal body corporate by-laws for the time being in force.

(8) The principal body corporate may—

(a) sue and be sued on any contract made by it;

(b) sue for and in respect of any damage or injury to the secondary thoroughfares caused by any person;

(c) be sued in respect of any matter connected with the secondary thoroughfares for which as proprietor it is so liable;

(d) take such legal action as may be necessary to enforce the development control by-laws and the secondary thoroughfare by-laws.

(9) In any case in which work is carried out for the purpose of constructing or preparing a secondary thoroughfare, upon registration of the initial plan of survey or, as the case may be, the initial plan of survey of the adjacent site, the principal body corporate shall be deemed to have been a party to an enforceable contract for the carrying out of such work, and may sue in respect of that contract.

(10) Nothing in subsection (9) shall relieve the company from its obligation to pay for the initial construction of secondary thoroughfares to the standard prescribed pursuant to section 51 .