Queensland Consolidated Acts

SANCTUARY COVE RESORT ACT 1985 - SECT 79

79 Notices to be given by proprietors

(1) The company and any person who, under this section, has given notice of an address for the service of notices on the company or person may give notice in writing to the primary thoroughfare body corporate of an address or change of address for the service of notices on the company or person.

(2) After delivery to a transferee of any land within the site or the adjacent site (excluding land within the residential zones) of an instrument or instruments of transfer in the name of the transferee duly executed and capable of immediate registration, the transferor shall give to the primary thoroughfare body corporate written notice which shall identify the land and—

(a) specify the name of the transferee in full, the address for the service of notices on the transferee, the address for the service of notices on the transferor and the date upon which the instrument was or instruments were so delivered; and

(b) bear written confirmation by the transferee of the accuracy of the information contained in the notice.

(2A) Where a transferor of any land fails to comply with subsection (2) , the transferee of that land may give to the primary thoroughfare body corporate written notice which shall identify the land and specify the transferee’s name in full, address for service of notices and the date upon which the instrument was or instruments were delivered to the transferee.

(3) After a person becomes entitled, otherwise than as a transferee, to be registered under the Land Title Act 1994 as the proprietor of land within the site or the adjacent site (excluding land within the residential zones) the person shall give to the primary thoroughfare body corporate written notice, in the form of a statutory declaration, which shall identify the lot and specify—

(a) by what right the person became entitled to the land; and

(b) the person’s name, in full, the address for the service of notices on the person and the date upon which the person became entitled to the land.

(4) Where—

(a) the primary thoroughfare body corporate believes that a person may, under this section, give a notice to it; and

(b) the primary thoroughfare body corporate has not received that notice;

the primary thoroughfare body corporate may serve a notice on that person specifying the capacity in which it believes the person is entitled to give the notice and requiring the person—

(c) to state, within 14 days, whether or not the person is a person entitled to give a notice in that capacity; and

(d) if the person is such a person, to give that notice.

(5) Where the primary thoroughfare body corporate has served a notice under subsection (4) on a person whom it believes to be a person entitled to give a notice to the primary thoroughfare body corporate under this section that person is not entitled to cast a vote at any meeting of the primary thoroughfare body corporate until the person gives the required notice.

(6) A vote cast at a meeting of the primary thoroughfare body corporate by or on behalf of a member of the primary thoroughfare body corporate has no effect unless the primary thoroughfare body corporate has been given notice in writing specifying the nominee of the member.

(7) A notice referred to in subsection (6) may be included in any other notice that the member of the primary thoroughfare body corporate to which it relates is entitled under this section to give to the primary thoroughfare body corporate.