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SANCTUARY COVE RESORT ACT 1985 - SCHEDULE 9

SCHEDULE 9 – Dictionary


"adjacent site" see section 12A .

"Albert Shire Council" ...

"approved use" , for a zone or part of a zone, see section 4A .

"associate" , of a person, means someone else with whom the person is associated under section 104D .

"body corporate" , for schedule 3 , see schedule 3 , section 1 .

"body corporate manager"

(b) of the principal body corporate—means a person appointed by the body corporate under section 47AB ; or
(b) of the primary thoroughfare body corporate—means a person appointed by the body corporate under section 91AB .

"building unit lot" means a lot shown on a building units plan.

"building units plan" means a building units plan within the meaning of the Building Units and Group Titles Act 1980 .

"canal" see the Coastal Protection and Management Act 1995 , schedule.

"candidate" , for schedule 3 , see schedule 3 , section 1 .

"caretaking service contractor" see section 94A .

"code contravention notice" see section 94I (1) .

"code of conduct" means—
(a) for a voting member of the executive committee of the primary thoroughfare body corporate or principal body corporate—the code in schedule 4 ; or
(b) for a body corporate manager or caretaking service contractor—the code in schedule 5 ; or
(c) for a letting agent—the code in schedule 6 .

"Commercial and Consumer Tribunal" means the tribunal of that name established under the Commercial and Consumer Tribunal Act 2003 .

"company" means Discovery Bay Developments Pty Ltd being a company duly incorporated in Queensland and having its registered office at c/- Messrs Robert Lehn & Co, First Floor, 3290 Gold Coast Highway, Surfers Paradise and includes its successors and assigns.

"development control by-laws" means the development control by-laws in force for the time being pursuant to section 95 .

"eligibility category" , for schedule 3 , see schedule 3 , section 1 .

"executive committee" , for schedule 3 , see schedule 3 , section 1 .

"executive member" , for schedule 3 , see schedule 3 , section 1 .

"financial year"
(a) for the principal body corporate, see section 22 ; or
(b) for the primary thoroughfare body corporate, see section 65 .

"financier" , for a letting agent’s contract, see section 94B .

"former Albert Shire Council" means the local government of that name that was constituted under the repealed Local Government Act 1993 or its successors in law.

"group title lot" means a lot shown on a group titles plan.

"group titles plan" means a group titles plan within the meaning of the Building Units and Group Titles Act 1980 .

"initial lot" means a lot shown on the initial plan of survey or initial plan of survey of the adjacent site other than a lot that comprises the whole or part of the primary thoroughfare.

"initial plan of survey" , except where followed by the words ‘of the adjacent site’, means the plan of survey for the time being registered by the registrar of titles under section 10 or 12P (4) .

"initial plan of survey of the adjacent site" means the plan of survey for the time being registered by the registrar of titles under section 12F or 12P (4) .

"Integrated Planning Act" ...

"letting agent" see section 94C (1) .

"letting agent authorisation" see section 94A .

"letting agent business" see section 94C (2) .

"local government" means the local government for the local government area in which the site and adjacent site are situated.

"majority resolution" , for a duly convened general meeting of the primary thoroughfare body corporate or principal body corporate, means a resolution on a motion—
(a) for which only 1 written vote may be exercised, other than by proxy, for each lot mentioned in the relevant body corporate roll; and
(b) that is passed only if the votes counted for the motion are more than 50% of the lots for which persons are entitled to vote on the motion.

"management rights" , of a letting agent for the resort or part of the resort, see section 94A .

"Minister" means the Minister of the Crown for the time being administering this Act and includes any Minister of the Crown who is temporarily performing the duties of the Minister.

"nominee" , of a member of the principal body corporate, see section 24 (1) .

"ordinary member" , for schedule 3 , see schedule 3 , section 1 .

"ordinary resolution" , for a duly convened general meeting of the primary thoroughfare body corporate or principal body corporate, means a resolution that is passed by the members of the body corporate whose voting entitlements total more than 50% of the total of all voting entitlements recorded in the relevant body corporate roll.

"original owner" , of a secondary lot that has been subdivided by a building unit or group titles plan, see section 22 .

"Planning Act" means the Planning Act 2016 .

"plan of survey" , used with reference to any land, includes a number of plans of survey each relating to a different part of the land and together relating to all of the land.

"primary thoroughfare" means the lot or lots that comprises or together comprise the primary thoroughfare as shown at the material time on the initial plan of survey and on the initial plan of survey of the adjacent site.

"primary thoroughfare body corporate" means the Sanctuary Cove Primary Thoroughfare Body Corporate incorporated by the registration of the initial plan of survey.

"primary thoroughfare by-laws" means the primary thoroughfare by-laws for the time being in force pursuant to section 71 .

"principal body corporate" means Sanctuary Cove Principal Body Corporate incorporated by the registration of the initial plan of survey.

"proposed use plan"
(a) of the site—see section 4B (1) and (2) ; or
(b) of the adjacent site—see section 4B (3) and (4) .

"proposed use plan of the adjacent site" ...

"registrar of titles" means the registrar of titles under the Land Title Act 1994 .

"relevant body corporate debt" means a following amount owed by a person to a subsidiary body corporate—
(a) a contribution or instalment of a contribution;
(b) a penalty for not paying a contribution or instalment of a contribution by the date for payment;
(c) another amount associated with the ownership of a lot.
Examples of another amount—
• an annual payment for parking under an exclusive use by-law made by the subsidiary body corporate
• an amount owing to the subsidiary body corporate for lawn mowing services arranged by the subsidiary body corporate on behalf of the person

"relevant plan" see section 12I (2) .

"residential zone" means any of the following zones—
(a) General Residential Zone;
(b) Harbour 1 Residential Zone;
(c) Harbour, River and Waterfront Residential Zone.

"resort" means Sanctuary Cove Resort.

"reviewable terms" , for a service contract, see section 94A .

"review advice" , about a service contract, see section 94A .

"road" means any way constituted to facilitate the traffic of vehicles usually passing on public roads.

"secondary lot" means a lot (other than a lot constituting a secondary thoroughfare) shown on a plan of subdivision of an initial lot or of subdivision of a secondary lot but does not include a building unit lot or a group title lot.

"secondary thoroughfare" means the lots within the residential zones that comprise the secondary thoroughfare as shown on—
(a) the plans of survey subdividing or resubdividing initial lots; and
(b) any group titles plans subdividing or resubdividing a secondary lot; and
(c) any group titles plans resubdividing a lot or common property or a lot and common property shown on a group titles plan.

"secondary thoroughfare by-laws" means the secondary thoroughfare by-laws for the time being in force pursuant to section 28 .

"service contract" see section 94A .

"service contractor" , for the resort or part of the resort, see section 94D .

"site" see section 5 .

"subject land" , in relation to an amendment application under part 2AA , means each zone, or other land within the resort, to which the application relates.

"subsidiary body corporate"
(a) of, or in relation to, the primary thoroughfare body corporate, means—
(i) the principal body corporate; or
(ii) a body corporate created by the registration of a building units plan or group titles plan that is a member of the primary thoroughfare body corporate; or
(b) of, or in relation to, the principal body corporate, means a body corporate created by the registration of a building units plan or group titles plan that is a member of the principal body corporate.

"transfer notice" , for part 5A , see section 94K (b) (ii) .

"use" , for a zone, means a use mentioned in schedule 1 , part 2 .

"voting member"
(a) of the executive committee of the principal body corporate—see section 41A (1) ; or
(b) of the executive committee of the primary thoroughfare body corporate—see section 85A (1) .

"zone" means a part of the site or adjacent site that—
(a) has a name mentioned in schedule 1 , part 1 ; and
(b) is shown as a zone on the proposed use plan of the site or the proposed use plan of the adjacent site.



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