Friday, October 30, 2020

Body Corporate And Community Management Act 1997

Chapter 2
Part 6
Section 60

Community management statement notation | Section 60

(1)Subject to subsection (6), a community management statement proposed to be recorded for a community titles scheme may be recorded only if each relevant planning body for the scheme has endorsed on the statement a certificate (a community management statement notation).

(2)In a community management statement notation a relevant planning body for a community titles scheme states only that it has noted the community management statement.

(3)Subject to subsection (4), a relevant planning body must endorse a community management statement notation on the proposed community management statement.

(4)For a community titles scheme intended to be developed progressively, a relevant planning body for the scheme is not required to endorse a community management statement notation on the proposed community management statement if there is an inconsistency between a provision of the statement and—

(a)if the relevant planning body is a local government—a lawful requirement of, or an approval given by, the local government under the Planning Act; or

(b)if the relevant planning body is MEDQ—a lawful requirement of, or an approval given by—

(i)a local government under the Planning Act; or

(ii)MEDQ under the Economic Development Act 2012; or

(c)the planning instrument of the relevant planning body; or

(d)a lawful requirement of, or an approval given by, the relevant planning body under the planning instrument of the relevant planning body.

Example for subsection (4)—

A relevant planning body that is a local government would be expected to refuse to endorse a proposed community management statement with a community management statement notation if the statement envisages development of part of the scheme land in a way prohibited under its planning instrument. However, the relevant planning body would be expected to endorse the proposed statement with a community management statement notation if the proposed community management statement acknowledges that development of the part of the land in the way proposed will proceed only if and when a suitable amendment of the planning instrument is made.

(5)For subsection (4), a provision of the statement is not inconsistent with a planning instrument only because—

(a)the planning instrument allows a person to do an act or engage in an activity in the area in which the community titles scheme is established; and

(b)the provision requires the person to obtain the body corporate’s permission before doing the act or engaging in the activity on scheme land.

(6)Despite subsection (1), a new community management statement may be recorded without the endorsement on it of any community management statement notation that is otherwise required if—

(a)there is no difference between the existing statement for the scheme and the new statement for any issue that a relevant planning body for the scheme could have regard to for identifying an inconsistency mentioned in subsection (4); or

Example for paragraph (a)—

The new statement includes an interest schedule that is different from the interest schedule included in the existing statement, but there is otherwise no difference between the 2 statements.

(b)any difference between the statements is limited to changes to reflect—

(i)a lot entitlement adjustment agreed to under section 50; or

(ii)a formal acquisition affecting the scheme; or

(iii)a change in a services location diagram for the scheme; or

(iv)the incorporation of a lot with common property, or conversion of lessee common property to a lot, under section 40.

(7)If a relevant planning body for the scheme does not endorse a community management statement notation within 40 days after the community management statement is submitted for endorsement under this section, or refuses to endorse the notation—

(a)the person who submitted the community management statement for endorsement of the notation may appeal to the Planning and Environment Court; and

(b)the court is required to hear and decide the appeal.

(8)An appeal under subsection (7) is started by lodging a written notice of appeal with the registrar of the court.

(9)The notice of appeal must be in the approved form and succinctly state the grounds of the appeal.

(10)The Planning and Environment Court Act 2016part 5 applies, with necessary changes, to the appeal as if—

(a)the appeal were a Planning Act appeal under that Act; and

(b)the relevant planning body were the only other party to the appeal.

(11)The appellant for the appeal must give a copy of the notice of appeal to the relevant planning body within 10 business days after starting the appeal.

(12)In this section—

planning instrument, of a relevant planning body, means—

(a)if the body is a local government—

(i)its planning scheme under the Planning Act; or

(ii)an instrument of the local government having effect as if it were a planning scheme of the local government; or

(b)if the body is MEDQ—a relevant development instrument under the Economic Development Act 2012.

relevant planning body, for a community titles scheme, means—

(a)to the extent scheme land is or is proposed to be located in a priority development area—MEDQ; and

(b)to the extent scheme land is or is proposed to be located in a local government area but not in a priority development area—the local government for the local government area.

© Sourced from the Queensland Legislation website at 1 April 2020. For the latest information on Queensland Government legislation please go to https://www.legislation.qld.gov.au.

Disclaimer: Reproduced from the Body Corporate and Community Management Act 1997. This website does not give legal advice or other professional advice. You should seek legal or other professional advice before acting and not rely on any of the content on this website.

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