Queensland Consolidated Acts

BUILDING UNITS AND GROUP TITLES ACT 1980 - SECT 24

24 Approval of subdivision

(1) The provisions relating to subdivision of land contained in the Local Government (Planning and Environment) Act 1990 , or any other Act, shall not apply to—

(a) a subdivision of land into lots effected by the registration of a building units plan; or

(b) a resubdivision of lots or common property or lots and common property effected by the registration of a building units plan of resubdivision.

Editor’s note—

Local Government (Planning and Environment) Act 1990 —see the Acts Interpretation Act 1954 , section 14H and the Integrated Planning Act 1997 .

(1A) Provided always that the boundaries of the parcel correspond with boundaries of a lawful subdivision within the meaning of the Local Government (Planning and Environment) Act 1990 .

Editor’s note—

Local Government (Planning and Environment) Act 1990 —see the Acts Interpretation Act 1954 , section 14H and the Integrated Planning Act 1997 .

(2) Subject to this section, the local government may direct the issue of a certificate for the purposes of section 9 (7) in relation to—

(a) a subdivision of land into lots effected by the registration of a group titles plan; or

(b) a resubdivision of lots or common property or lots and common property effected by the registration of a group titles plan of resubdivision;

notwithstanding that it does not comply with the provisions relating to subdivision contained in the Local Government (Planning and Environment) Act 1990 .

Editor’s note—

Local Government (Planning and Environment) Act 1990 —see the Acts Interpretation Act 1954 , section 14H and the Integrated Planning Act 1997 .

(3) To the extent to which the local government, on application stating the specific provisions from which waiver is required and the reason therefor and having regard to all the circumstances of the case, considers that waiver of compliance with those provisions is warranted, the local government is hereby authorised to waive such compliance, but the boundaries of the parcel shall correspond with the boundaries of a lawful subdivision within the meaning of the Local Government (Planning and Environment) Act 1990 .

Editor’s note—

Local Government (Planning and Environment) Act 1990 —see the Acts Interpretation Act 1954 , section 14H and the Integrated Planning Act 1997 .

(4) In respect of an application for a certificate for the purposes of section 9 (7) the local government shall, subject to subsections (5) and (5A) , direct the issue of the certificate if it is satisfied that—

(a) the subdivision complies with the applicable provisions referred to in subsections (1) and (2) ; and

(b) separate occupation of the proposed lots will not contravene—

(i) a planning scheme; or

(ii) a local law; or

(iii) interim development control provisions within the meaning of the Local Government (Planning and Environment) Act 1990 (the
"control provisions" ); or

Editor’s note—

Local Government (Planning and Environment) Act 1990 —see the Acts Interpretation Act 1954 , section 14H and the Integrated Planning Act 1997 .

(iv) the policies of the local government in force—

(A) in the case of a building units plan—at the date of the approval given by the local government to the erection of the building; or

(B) in the case of a group titles plan—at the date of lodgement of the application; and

(c) any consent or approval required under a planning scheme, a local law or control provisions has been given for the separate occupation of the proposed lots; and

(d) the proposed subdivision of the parcel into lots for separate occupation will not interfere with the existing or likely future amenity of the neighbourhood, having regard to the circumstances of the case, the public interest and the adequacy of access drives and parking areas within the common property.

(5) Within 40 days (or such longer period as may be approved by the Minister for the time being charged with the administration of the Local Government (Planning and Environment) Act 1990 ) after the date of receipt of the application in respect of a group titles plan for a certificate for the purposes of section 9 (7) , the local government shall notify the applicant in writing of its decision to approve and the conditions imposed (if any) or refuse the application but the local government shall not issue such a certificate until it is satisfied that any necessary works lawfully required by the conditions of approval are completed and any money lawfully required to be paid to the local government is paid and that the applicant has entered into any necessary agreement with the local government lawfully required and has furnished any security lawfully required and that all other conditions of approval lawfully required have been complied with in every respect.

Editor’s note—

Local Government (Planning and Environment) Act 1990 —see the Acts Interpretation Act 1954 , section 14H and the Integrated Planning Act 1997 .

(5A) Where the application has been approved pursuant to subsection (5) and the applicant has complied in every respect with the lawful requirements of the local government, the local government shall within 14 days of notice being given to it of such compliance or, if the relevant plan is submitted to it at a later date, within 14 days of such later date, issue or endorse on the plan the certificate required for the purposes of section 9 (7) .

(6) An applicant for a certificate required for the purposes of section 9 (7) who feels aggrieved by—

(a) the refusal of a local government to direct the issue of the certificate; or

(b) the failure of a local government to—

(i) direct the issue of a certificate; or

(ii) notify approval and conditions imposed (if any) pursuant to subsection (5) ;

within 40 days (or such longer period as may be approved by the Minister for the time being charged with the administration of the Local Government (Planning and Environment) Act 1990 ) after the receipt by the local government of the application for that certificate; or

Editor’s note—

Local Government (Planning and Environment) Act 1990 —see the Acts Interpretation Act 1954 , section 14H and the Integrated Planning Act 1997 .

(c) the conditions imposed by a local government pursuant to subsection (5) ; or

(d) the failure of a local government to comply with the provisions of subsection (5A) ;

may appeal to the Planning and Environment Court.

(7) The Local Government (Planning and Environment) Act 1990 , part 7 (Appeals) applies to an appeal under subsection (6) as if the right to appeal was given by that Act.

Editor’s note—

Local Government (Planning and Environment) Act 1990 —see the Acts Interpretation Act 1954 , section 14H and the Integrated Planning Act 1997 .