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Page 1: “Queensland Statute Reprints” · Brisbane, 20th August, 1987 IN pursuance of the provisions of the Sanctuary Cove Resort Act 1985-1987, I hereby notify that I have approved of

Warning

“Queensland Statute Reprints” QUT Digital Collections

This copy is not an authorised reprint within the meaning of the Reprints Act 1992 (Qld).

This digitized copy of a Queensland legislation pamphlet reprint is made available for non-commercial educational and research purposes only. It may not be reproduced for commercial gain.

©State of Queensland

Page 2: “Queensland Statute Reprints” · Brisbane, 20th August, 1987 IN pursuance of the provisions of the Sanctuary Cove Resort Act 1985-1987, I hereby notify that I have approved of

QUEENSLAND

RESIDENTIAL ZONE ACTIVITIES BY-LAWS

WITH

AN INDEX

(Compiled to 1 August, 1990)

This reprint has been prepared under the Authority of the Parliamentary Counsel's Office

BY AUTHORITY · S. R. HAMPSON, GOVERNMENT PRINTER, QUEENSLAND-1990

Page 3: “Queensland Statute Reprints” · Brisbane, 20th August, 1987 IN pursuance of the provisions of the Sanctuary Cove Resort Act 1985-1987, I hereby notify that I have approved of

RESIDENTIAL ZONE ACTIVITIES BY-LAWS

ANALYSIS OF CONTENTS

PART I-PRELIMINARY 1.1 Definitions 1.2 Severability 1.3 Application

PART 2-TREE PRESERVATION 2.1 Application of By-laws 2.2 Prohibition Against Destruction etc. 2.3 Exemption from Compliance 2.4 Obtaining of Certificate 2.5 Consent of Registered Proprietor 2.6 Penalty

PART 3-REPAIR AND MAINTENANCE 3.1 Obligations 3.2 Restrictions

PART 4-USE RESTRICTIONS 4.1 Prohibition of Commercial Use 4.2 Signs 4.3 Nuisance 4.4 Vehicles 4.5 Animals 4.6 Responsibility for Invitees 4.7 Mining 4.8 Unsightly Items 4.9 Antennae 4.10 Security Systems 4.11 Window Covers 4.12 Single-Family Residential 4.13 Temporary Building 4.14 Insurance Rates 4.15 Leasing 4.16 Penalty

PART 5-SECURITY CONTROLS 5.1 Security Cards 5.2 Admission to the Site 5.3 Right to Refuse Admission 5.4 Right to Enter Lots 5.5 Garbage Collection

PART 6-USE OF PARTS OF SECONDARY THOROUGHFARES FOR JETTIES

PART 7-INSECT CONTROL

PART 8-RULES

Page 4: “Queensland Statute Reprints” · Brisbane, 20th August, 1987 IN pursuance of the provisions of the Sanctuary Cove Resort Act 1985-1987, I hereby notify that I have approved of

QUEENSLAND

RESIDENTIAL ZONE ACTIVITIES BY -LAWS [Reprinted as at 1 August, 1990]

[By-laws published Gazette 22 August 1987, pp. 3391-3395.)

Department of Local Government Brisbane, 20th August, 1987

IN pursuance of the provisions of the Sanctuary Cove Resort Act 1985-1987, I hereby notify that I have approved of the followin~ Residential Zone Activities By-laws made by the Sanctuary Cove Pnncipal Body Corporate under the said Act.

The by-laws are arranged as follows:­

PART 1-PRELIMINARY 1.1 Definitions 1.2 Severability 1.3 Application

PART 2-TREE PRESERVATION 2.1 Application of By-laws 2.2 Prohibition against Destruction etc. 2.3 Exemption from Compliance 2.4 Obtaining of Certificate 2.5 Consent of Registered Proprietor 2.6 Penalty

PART 3-REPAIR AND MAINTENANCE 3.1 Obligations 3.2 Restrictions

PART 4-USE RESTRICTIONS 4.1 Prohibition of Commercial Use 4.2 Signs 4.3 Nuisance

R. J. HINZE

Page 5: “Queensland Statute Reprints” · Brisbane, 20th August, 1987 IN pursuance of the provisions of the Sanctuary Cove Resort Act 1985-1987, I hereby notify that I have approved of

2 b.l.l

4.4 Vehicles 4.5 Animals

RESIDENTIAL ZONE ACTIVITIES BY-LAWS

4.6 Responsibility for Invitees 4.7 Mining 4.8 Unsightly Items 4.9 Antennae 4.10 Security Systems 4.11 Window Covers 4.12 Single-Family Residential 4.13 Temporary Building 4.14 Insurance Rates 4.15 Leasing 4.16 Penalty

PART 5-SECURITY CONTROLS 5.1 Security Cards 5.2 Admission to the Site 5.3 Right to Refuse Admission 5.4 Right to Enter Lots 5.5 Garbage Collection

b.l.l

PART 6-USE OF PARTS OF SECONDARY THOROUGHFARES FOR JETTIES;

PART 7-INSECT CONTROL;

PART 8-RULES.

PART 1-PRELIMINARY 1.1 Definitions-In these By-laws unless the contrary intention

appears:-"Act" shall mean Sanctuary Cove Resort Act 1985 as amended. "Allotment", "allotment" or "Lot", "lot" shall mean a parcel of

land designated as such on the Plan or on any subdivisional plan and shall include a Development Parcel.

"Committee" shall mean the Architectural Review Committee established pursuant to the Principal Body Corporate's Development Control By-laws.

"Company" means Discovery Bay Developments Pty Ltd being a Company duly incorporated in Queensland and having its registered office at Casey Road, Hope Island, Queensland, and includes its successors and assigns.

-"Controlled Aspect Allotment" shall mean an allotment so designated on the Plan.

Page 6: “Queensland Statute Reprints” · Brisbane, 20th August, 1987 IN pursuance of the provisions of the Sanctuary Cove Resort Act 1985-1987, I hereby notify that I have approved of

b.1.2 RESIDENTIAL ZONE ACTIVITIES BY-LAWS b.1.2 3

"Conventional Aspect Allotment" shall mean an allotment so designated on the Plan.

"Development Parcel" shall mean a parcel of land so designated on the Plan.

"Eastern Neighbourhood" shall mean the area designated as such on the Plan.

"Estate Allotment" shall mean an allotment so designated on the Plan.

"Golf Course" shall mean the golf course established within the Site.

"Injuring" means the administering of a chemical or other artificial substance to a tree or part of the same or the alteration of the ground level or water table within the branch spread of the tree or trees concerned, with the result that such a. tree or part dies.

"Local Authority" shall mean Albert Shire Council or such other Local Authority as may from time to time have jurisdiction over the Site.

"Owner" or "Member" or "Resident" shall mean the registered proprietor, or mortgagee in possession, of any allotment within the Site.

"Plan" shall mean the Plan or Plans annexed hereto. "Principal Body Corporate" shall mean. the Sanctuary Cove

Principal Body Corporate established pursuant to the Act. "Principal Structure" shall mean a building designed constructed

or adapted for activities normally associated with domestic living and shall include all normal interior floor areas but shall exclude verandah floor areas and areas intended for the use of vehicular storage and separate outbuildings to the extent permitted by the floor space ratio as defined herein.

"Residence" or "residence" shall mean any dwelling erected on any allotment.

"Resort Community" shall mean the community contained within the General Residential, Harbour, River and Waterfront Residential, Floating Dwelling House, Recreation Club, Golf Course, International Hotel, Village and [Habour]* Zones as defined in the Act.

"the Site" shall mean that part of the site defined in the Act shown on the Plan.

"Thoroughfare Alignment" shall mean the alignment to any primary thoroughfare or secondary thoroughfare.

1.2 Severability-The provisions of these by-laws shall as far as possible, be construed as severable provisions to the intent that where any such provision would, but for this By-law, be invalid or unenforceable,

*Sic.

Page 7: “Queensland Statute Reprints” · Brisbane, 20th August, 1987 IN pursuance of the provisions of the Sanctuary Cove Resort Act 1985-1987, I hereby notify that I have approved of

4 b.1.3 RESIDENTIAL ZONE ACTIVITIES BY-LAWS b.2.3

then the remaining provisions of these By-laws shall nevertheless be valid and enforceable.

1.3 Application-These By-laws shall apply in respect of all lots within residential zones in the Site.

PART 2-TREE PRESERVATION

2.1 Application of By-laws-These Tree Preservation by-laws apply to all of the residential zones within the Site (hereinafter called "the protected area").

2.2 Prohibition Against Destruction etc.-The ring-barking, cutting down, topping, lopping, removing, poisoning, injuring or wilful destruction of any tree or trees of 0.4 metres or more girth (defined as the circumference measured at waist height) or of any tree or trees as the Principal Body Corporate from time to time may specify is prohibited in the protected area save and except if a Certificate of the Principal Body Corporate exempting compliance has been obtained.

2.3 Exemption from Compliance-The Principal Body Corporate may grant a Certificate of exemption from compliance in the following circumstances:-

(a) Where the tree or trees are to be relocated on the site and where they are of a size and species which would provide a reasonable chance of survival;

(b) Where the tree or trees are either dying, dead, diseased, potentially dangerous or the root system of the tree or trees is endangering the foundations ofbuildings and/or sewer or water pipes or other underground devices;

(c) Where the tree or trees are so located that they may threaten the operation of services in the area and the work is being carried out by a person or persons authorised by the Council or relevant service agency;

(d) Where the tree or trees are within the path of:­(i) proposed thoroughfares; or

(ii) proposed water supply sewerage and electricity works; or (iii) proposed drainage works; or (iv) any other works of a similar nature that have been

approved by the Principal Body Corporate for the benefit of residents in the area; or

(e) Where the tree or trees are:-(i) within the bounds of a proposed building; or

(ii) within three (3) metres of any existing or proposed building or foundations,

the plans for which building have been approved by the Local Authority.

Page 8: “Queensland Statute Reprints” · Brisbane, 20th August, 1987 IN pursuance of the provisions of the Sanctuary Cove Resort Act 1985-1987, I hereby notify that I have approved of

b.2.4 RESIDENTIAL ZONE ACTIVITIES BY-LAWS b.3.1 5

2.4 Obtaining of Certificate-Any person desiring to obtain the certificate of the Principal Body Corporate that circumstances set out in By-law 2.3 hereof apply to any tree, shall apply in writing to the Principal Body Corporate truly setting out the following particulars:-

(a) The reason for wishing to remove the tree or trees; (b) The real property description of the land upon which the

tree or trees is or are situated; (c) The location (accompanied by a diagram) of the tree or

trees alleged to be dying, dead, diseased, dangerous, potentially dangerous or whose root system is allegedly entering the foundations of buildings and/or sewer or water pipes or other underground devices or which are referred to in By-law 2.3 (d) or 2.3 (e) hereof as the case may be.

2.5 Consent of Registered Proprietor-Where the application is made by any person, firm or company who or which is hot the registered proprietor of such land, the written consent of such registered proprietor must accompany such application.

2.6 Penalty-(a) Any person who wilfully ring-barks, cuts down, tops, lops,

removes, poisons, injures or destroys any tree to which By­law 2.2 hereof applies or who procures or is [knowinlgy]* concerned in the ring-barking, cuttin~ down, topping, lopping, removal, poisoning, injuring or wilful destruction or any such tree shall be guilty of an offence under these By-laws.

(b) A person shall not be guilty of an offence under these By­laws if the Principal Body Corporate has certified (prior to any such activity) that one of the circumstances set forth in By-law 2.3 (a)-(e) applied to the said tree.

PART 3-REPAIR AND MAINTENANCE 3.1 Obligations-Every owner shall:-

(a) Maintain in good condition and repair the exterior of his residence including without limitation all fences walls windows gates sidewalls walkways and driveways located on the lot.

(b) Maintain in a clean condition the interior of his residence and take all practicable steps to prevent infestation by vermin or insects.

(c) Maintain in good condition and repair all yard landscaping irrigation facilities drainage facilities spas and fountains located on the lot.

(d) Have the duty and obligation to make any necessary arrangements for sufficient water required for the maintenance and irrigation of all yard landscaping, including without limitation, the duty and obligation to pay for such water.

*Sic.

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6 b.3.2 RESIDENTIAL ZONE ACTIVITIES BY-LAWS b.4.3

3.2 Restrictions-No owner shall:-(a) Erect any external blinds provided that the Committee may

recommend and the Principal Body Corporate may (in its discretion) permit non-compliance with this By-law upon written request.

(b) Obstruct any way provided for the carriage of vehicles so as to prevent the passage of any vehicles over any such way.

(c) Permit any clothing bedding or other articles to be hung on the balconies or on the outside of any residence or from the windows of any residence.

PART 4-USE RESTRICTIONS 4.1 Prohibition of Commercial Use-No part of a Residence shall

be caused, allowed or authorized to be used in any way, directly or indirectly, for any business, commercial, manufacturing, mercantile, storing, vending, or any nonresidential purposes. The provisions of this Part shall not preclude professional and administrative occupations without external evidence thereof, for so long as such occupations are in conformity with all applicable governmental requirements and are merely incidential to the use of the dwelling unit as a residential home.

4.2 Signs-No sign or billboard of any kind shall be displayed to the public view on any portion of the property except information signs as may be used by the Company or approved by the Company or its sales agents in connection with the development of the Resort Community and sale of the residences. Such use shall not be for a period beyond the sale by the Company of all residences within the site, and an Owner may display in his residence, a sign advertising its sale or lease by him so long as such sign shall comply with any customary and reasonable standards promulgated by the Committee as to the size, colour, shape or other qualification for permitted signs. ·

4.3 Nuisance-No noxious or offensive trade or activity shall be carried on upon any lot in a residential zone nor shall anything be done thereon which may be, or may become an annoyance or nuisance to the neighbourhood, or which shall in any way interfere with the quiet enjoyment of each of the Owners of his respective lot or which shall

. in any way increase the rate of insurance. Without limiting the generality of the foregoing provisions no auction sales, loud noises or noxious odours, no exterior speakers, horns, whistles, bells or other sound devices

' (other than security or warning devices used exclusively for such purposes), noisy or smoky vehicles, large power equipment or large power tools, unlicensed off-road motor vehicles or items which may unreasonably interfere with television or radio reception of any Residence, shall be conducted, located, used or placed on any portion of the site, or exposed to the view of other Owners without the prior written approval of the Principal Body Corporate. The Principal Body Corporate shall have the right to determine in accordance with these By-laws if

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b.4.4 RESIDENTIAL ZONE ACTIVITIES BY-LAWS b.4.5 7

any noise, [odor]*, interference or activity producing such noise, [odor]* or interference constitutes a nuisance. Nothing in this By-law shall prevent the Company from using any residence, of which it is a proprietor, as a display unit.

4.4 Vehicles-(a) No vehicle shall be parked stored or kept on an allotment

other than wholly within the parking area designated therefor provided that a recreational vehicle (which shall include but be not limited to a camper unit, house car, motorhome or boat) may be parked stored or kept elsewhere on an allotment if such vehicle is screened so as to be not visible from any other allotment within the site.

(b) No vehicle of a commercial type (including but not limited to a dump truck, cement mixer truck, delivery truck, coach bus, inoperable vehicle equipment whether mobile or otherwise) shall be parked stored or kept within the Eastern Neighbourhood shown on the Plan other than for the purpose of commercial deliveries.

(c) No vehicle of any type shall be permitted to park on the secondary thoroughfare other than the private vehicle of a visitor to an Owner but such visitor's vehicle shall not be permitted to park overnight on the secondary thoroughfare.

(d) No owner shall conduct repairs or restorations of any motor vehicle, boat, trailer, aircraft or other vehicle upon any portion of any allotment or upon any common property except wholly within the owner's garage, provided that such activity shall at no time be permitted if it is determined by the Pnncipal Body Corporate or its agent to be a nuisance. Garages shall be used for garage and general storage purposes only and shall not be converted to other uses.

(e) Each owner, to the extent necessary, shall ensure that his garage is maintained so as to be capable of accommodating at least two (2) full sized automobiles.

(f) Notwithstanding the foregoing, these restrictions shall not be interpreted in such a manner so as to permit any activity which would be contrary to any applicable By-laws of the Albert Shire Council.

4.5 Animals-No insects, reptiles, animals, livestock or poultry of any kind, shall be raised, bred or kept upon the site, except that dogs, cats, fish, birds or other common household pets may be kept on the lots provided they are not kept, bred or maintained for any commercial purpose, or in numbers deemed unreasonable by the Principal Body Corporate. Notwithstandin~ the foregoing, no animals may be kept on the lots which in the good faith judgment of the Principal Body Corporate or a committee selected by the Principal Body Corporate for this purpose,

*Sic.

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8 b.4.6 RESIDENTIAL ZONE ACTIVITIES BY-LAWS b.4.8

result in any annoyance or are obnoxious to residents in the vicinity. Animals belonging to Owners, occupants or their licensees, tenants or invitees within the site must be either kept within an enclosure or an enclosed yard provided by the owner of such animals or provided for the purpose or on a leash being held by a person capable of controlling the animals.

Any owner shall be absolutely liable to each and all remaining Owners, their families, guests, tenants and invitees, for any unreasonable noise or damage to person or property caused by any animals brought or kept upon the site by an owner or by members of his family, his tenants or his invitees.

It shall be the absolute duty and responsibility of each such owner to clean up after such animals which have used any portion of the common property or any portion of another's allotment. Notwithstanding the foregoing, these restrictions shall not be interpreted in such a manner so as to permit the maintenance of any animals which are not permitted to be maintained on the site, under the By-laws of the Albert Shire Council which apply to other parts of the Shire area. This By-law shall be read subject to the provisions of the Guide Dogs Act 1972.

4.6 Responsibility for Invitees-(a) An owner of an allotment shall take reasonable steps to

ensure that his invitees comply with the provisions of all By-laws, and in the event of his inability for any reason to ensure such compliance by any invitee, he shall ensure that such invitee leaves the site.

(b) An Owner of an allotment shall take all reasonable steps to ensure that his invitees do not behave in a manner likely to interfere with the peaceful enjoyment of the owner of another allotment, or of any person lawfully using the common property.

(c) An Owner of an allotment shall be liable to compensate the relevant Body Corporate or any other person, for all or any damage caused by such Owner, his tenants, his invitees, or his tenant's invitees.

(d) An Owner of an allotment which is the subject of a lease or agreement, shall take all reasonable steps, including any action available to him under any such lease or agreement, to ensure that any lessee or their invitees comply with the provisions of all By-laws.

4.7 Mining-No drilling, development operations, refining, quarrying, or mining operations of any kind shall be conducted upon or in the site.

4.8 Unsightly Items-No rubbish, trash or garbage or other waste material shall accumulate on the site or be kept or permitted upon the site except in containers located in appropriate areas screened and concealed from view and shall be maintained so that odours do not emanate from such containers so as to render the site, or any portion

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b.4.9 RESIDENTIAL ZONE ACTIVITIES BY-LAWS b. 4.14 9

thereof, unsanitary, unsightly, offensive or detrimental to any other property in the vicinity thereof or to its occupants. Such containers may be placed on common property or upon secondary thoroughfares for a reasonable period of time not exceeding twenty-four (24) hours before and after scheduled garbage collection hours.

There shall be no exterior fires whatsoever except barbecue fires contained within receptacles therefor in the enclosed yards designed in such a manner that they do not create a fire hazard.

No clothing or household fabrics shall be hung, dried or aired in such a way as to be visible from any other property, and no tree, grass, shrub or tree clippings or plant waste, metals, bulk material or scrap or refuse or garbage shall be kept, stored or allowed to accumulate on any portion of the site except within an enclosed structure or apropriately screened from view. Any fence or screen required by this· Section shall comply with any standards promulgated pursuant to these By-laws or the Principal Body Corporate's Development Control By-laws as to size, colour or other qualification for permitted fences or screens.

No plants or seeds infected with noxious insects or plant diseases shall be brought upon, grown or maintained upon the site.

4.9 Antennae-No television, radio, or other electronic antenna or device of any type shall be erected, constructed, placed or permitted to remain on any residence unless and until the same has been approved in writing by the Committee, or unless the same be contained within a building.

4.10 Security Systems-Except for any security system installed by the Company, no security system of any sort shall be ereted, placed or permitted to remain on any lot or common property, unless and until the same has been approved in writing by the Committee.

4.11 Window Covers-Curtains, drapes, shutters or blinds may be installed as window covers. No window shall be covered with aluminium foil or similar material.

4.12 Single-Family Residential-All conventional and controlled aspect allotments shall only be used for the residential purposes of a Single-Family.

4~13 Temporary Building-Save for children's recreational facilities no outbuilding, tent, shack, shed or other temporary building· or improvement of any kind shall be placed upon any portion of the site either temporarily or permanently. No garage, trailer, camper, motor home or recreational· vehicle shall be used as a residence on the site, either temporarily or permanently.

4.14 Insurance Rates-Nothing shall be done or kept on the site which will increase the rate of insurance on any property insured by the Principal Body Corporate without the approval of the Principal Body Corporate, nor shall anything be done or kept on the site which would result in the cancellation of insurance on any property insured

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10 b. 4.15 RESIDENTIAL ZONE ACTIVITIES BY-LAWS b.5.5

[be]* the Principal Body Corporate or which would be in violation of any law.

4.15 LeasinJJ-An Owner shall be permitted to lease his residence by means of a wntten lease or rental agreement for permanent letting (being a letting of not less than twelve (12) calendar months). The lease shall provide that any failure by the lessee thereunder to comply with these By-laws shall be a default under the lease. All leases shall be in writing and any Owner who shall lease his residence shall be responsible for ensuring compliance with such lease.

4.16 Penalty-Any person who contravenes or fails to comply with any provision of these By-laws commits an offence against these By-laws and is liable as provided for in the Act.

PART 5-SECURITY CONTROLS 5.1 ·Security Cards-The Executive Committee of the Principal

Body Corporate (established pursuant to the Act) may, in its absolute discretion, make rules regarding:-

(a) the control of security cards; (b) the distribution ofsecurity cards; (c) deposits held as security for the care of security cards; (d) the right to recall security cards; and (e) the right to make security cards inoperable.

5.2 Admission to the Site-No person shall be admitted to the site without the prior notification, of the identity of the person to be admitted, being given by the relevant Owner (or by a person authorised, either expressly or impliedly, to give the notification by that Owner) to the security personnel manning the entrances to the site.

5.3 Right to Refuse Admission-The security personnel have the right (upon a complaint) to remove from the site, or (without a complaint) to refuse admission to the site, any persons that they consider will cause a nuisance as described in these By-laws. The security personnel shall not be liable for any damage caused by them, to person or property, in carrying out their responsibilities under this By-law.

5.4 Right to Enter Lots-In accordance with the power granted by each Residential Body Corporate, the Principal Body Corporate (by itself, its agents servants or contractors) is authorised, on behalf of each Residential Body Corporate, to enter onto each lot for the purpose of maintaining the security of the Owners and the site.

5.5 Garbage Collection-In accordance with the power granted by each Residential Body Corporate, the Principal Body Corporate (by itself, its agents, servants or contractors) is authorised, on behalf of each Residential Body Corporate to enter onto each lot for the purpose of the collection of garbage.

* Sic.

Page 14: “Queensland Statute Reprints” · Brisbane, 20th August, 1987 IN pursuance of the provisions of the Sanctuary Cove Resort Act 1985-1987, I hereby notify that I have approved of

b.6.1 RESIDENTIAL ZONE ACTIVITIES BY-LAWS b. 8.1 11

PART 6-USE OF PARTS OF SECONDARY THOROUGHFARES FOR JETTIES

6.1 The Executive Committee of the Principal Body Corporate may grant occupancy of a part of the secondary thoroughfare, that is inundated by water (called "the part"), to the Owner of lots adjacent to the part, for the purpose of providing mooring, landing or jetty facilities for vessels, on such terms and conditions (set out in an Occupancy Agreement between the Owner and the Principal Body Corporate) as the Executive Committee may determine from time to time (called "the occupancy").

6.2 The occupancy shall be a personal right for the benefit of the Owner who is granted the occupancy.

6.3 The occupancy shall be granted by way of resolution of the Executive Committee after written application by an Owner.

6.4 A copy of the Executive Committee's resolution, certified by the secretary of the Executive Committee, shall be conclusive evidence of occupancy in favour of the Owner from the date of commencement of the Occupancy Agreement referred to in By-law 6.1 above.

6.5 A certified copy of the resolution of grant of occupancy shall be included by the Owner in the application for approval of the jetty facility by the Architectual Review Committee pursuant to the Principal Body Corporate's Development Control By-laws.

PART 7-INSECT CONTROL In accordance with the power granted by each Residential Body

Corporate, the Principal Body Corporate (by itself, its agents servants or contractors) is authorised, on behalf of each Residential Body Corporate to enter onto each lot and residence (after giving reasonable notice), for the purpose of treating a particular area, or all of the site, for the eradication of insects.

PART 8-RULES 8.1 The Executive Committee of the Principal Body Corporate

(established pursuant to the Act) may, in its absolute discretion, make rules relating to:-

(a) any services to be provided by the Principal Body Corporate to the site; and

(b) the use of the common property other than the Secondary Thoroughfares.

Page 15: “Queensland Statute Reprints” · Brisbane, 20th August, 1987 IN pursuance of the provisions of the Sanctuary Cove Resort Act 1985-1987, I hereby notify that I have approved of

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Page 16: “Queensland Statute Reprints” · Brisbane, 20th August, 1987 IN pursuance of the provisions of the Sanctuary Cove Resort Act 1985-1987, I hereby notify that I have approved of

INDEX

TO THE

RESIDENTIAL ZONE ACTIVITIES BY-LAWS

Act-meaning of term

Admission-to site ..

right to refuse

Allotment-meaning of term right to enter

Animals

Antennae

Application-to be made re obtaining of Certificate

A

consent of registered proprietor to accompany

By-laws­application of

B

failure to comply witb to be default under lease penalty re failure to comply with severability re ..

c Certificate-

of exemption from compliance-when Principal Body Corporate may grant obtaining of

consent of registered proprietor re

Committee­meaning of term permission of, re erection of external blinds written approval of-

re antennae re security systems ..

Company-meaning of term use of signs by ..

Controlled Aspect Allotment­meaning of term to be used for Single-Family

Conventioru.l Aspect Allotment­meaning of term to be used for Single-Family

b. 1.1

5.2 5.3

1.1 5.4

4.5

4.9

2.4 2.5

bb. 1.3, 2.1 b. 4.15

4.16 1.2

2.3 2.4 2.5

1.1 3.2 (a) ..

4.9 4.10 ..

1.1 4.2

1.1 4.12

1.1 4.12

Page

..

2

10 10

2 10

9

4 9

10 3

4 5 5

2 6

9 9

2 6

3 9

3 9

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14

Definitions. See Meaning of terms.

Destruction-prohibition against, etc ...

penaitr re ..

Development Parcel­meaning of term

Eastern Neighbourhood­meaning of term

Estate Allotment­meaning of term

Executive Committee-

INDEX

D

E

copy of resolution of, to be conclusive evidence of occupancy may grant occupancy of land inundated with water for mooring,

etc. may make certain rules . . . .

Exemption from compliance-when Certificate of, may be granted

Garbage collection-Principal Body Corporate may enter lots re

Golf Course-meaning of term

Injuring-meaning of term

Insect control ..

Insurance rates ..

Leasing

Local Authority­meaning of term

Lot. See Allotment.

G

I

L

b. 2.2 2,6

1.1

1.1

1.1

6.4

bb. 6.1, 6.3 b. 8.1

2.3

5.5

1.1

1.1

Part 7 ..

b. 4.14 ..

4.15

1.1

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3

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4

10

3

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Page 18: “Queensland Statute Reprints” · Brisbane, 20th August, 1987 IN pursuance of the provisions of the Sanctuary Cove Resort Act 1985-1987, I hereby notify that I have approved of

Meaning of terms­Act Allotment .. Committee Company .. Controlled Aspect Allotment Conventional Aspect Allotment Development Parcel Eastern Neighbourhood .. Estate Allotment Golf Course Injuring Local Authority Lot Member .... Owner Plan . . . . . . Principal Body Corporate Principal Structure .. Residence . . . . . . Resident . . . . Resort Community .. the Site Thoroughfare Alignment

Member. See Owner.

Mining-not be be carried out

Notice-to be given re insect control.

Notification-to be given re admission of person to site

Nuisance . . . .

Occupancy Agreement . . . .

Offence-re destruction, etc. of trees

Owner-accommodation, repair, etc., of vehicle by

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M

N

0

duties of, re animals .. may be granted occupancy of area inundated by water

copy of resolution re-to be conclusive evidence of occupancy to be included in application for approval of jetty

facility occupancy to be personal right of owner . to be granted by way of resolution

meaning of term . . . . . . . . obligation of, re repair and maintenance . . . . restrictions on . . . . to be permitted to lease residence to give notification re admission of person to site .. to take responsibility re invitees .. when, may use signs

b. 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 I. I

4.7

Part 7

b. 5.2

4.3

6.1

2.6

4.4 (d), (e). 4.5 6.1

6.4

6.5 6.2 6.3 1.1 3.1 3.2 4.15 5.2 4.6 4.2

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II

10

6

10

7 7

10

II

II II II 3 5 6 9

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Page 19: “Queensland Statute Reprints” · Brisbane, 20th August, 1987 IN pursuance of the provisions of the Sanctuary Cove Resort Act 1985-1987, I hereby notify that I have approved of

16

Penalty-re destruction, etc., of trees re failure to comply with By-laws

Plan .. meaning of term

Principal Body Corporate­Executive Committee-

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p

copy of resolution of, to be conclusive evidence of occupancy.

may grant occupancy of land inundated with water for moor­ing, etc.

may make certain rules .. may enter lot re eradication of insects may grant Certificate of exemption from compliance

obtaining of, from may make rules re security cards meaning of term permission of, re erection of external blinds right of, to enter lots

re garbage collection to give approval re insurance rates to give written approval re nuisances, etc. to make determinations, re animals

Principal Structure­meaning of term

Prohibition-against destruction, etc., of trees .

Registered proprietor-consent of re obtaining of Certificate .

Residence meaning of term no garage, trailer, etc., to be used as restriction re commercial use of ..

Residential Body Corporate­powers of re-

right to enter lots

Resident. See Owner.

Resort Community­meaning of term signs may be used re development of

Security-cards .. personnel-

right of, to refuse admission

R

s

to be notified by owner re admission of person to site . re admission to site systems

b. 2.6 4.16

Plan b. 1.1

6.4

bb. 6.1, 6.3 b. 8.1

Part 7 .. b. 2.3

2.4 5.1 1.1 3.2 (a) .. 5.4 5.5 4.14 4.3 4.5

1.1

2.2

2.5

1.1 4.13 4.1

bb. 5.4, 5.5, Part 7 ..

b. 1.1 4.2

5.1

5.3 5.2 5.2 4.10

Page

5 10

12 3

II

10, II 11 11 4 5

10 3 6

10 10 9 6 7

4

3 9 6

10,11

3 6

10

10 10 10 9

Page 20: “Queensland Statute Reprints” · Brisbane, 20th August, 1987 IN pursuance of the provisions of the Sanctuary Cove Resort Act 1985-1987, I hereby notify that I have approved of

Signs ..

Single-Family residential

Site. See The Site.

Temporary building

The Site­admission to meaning of term mining not to be carried out on .. no animals, etc., to be kept or bred on no rubbish, etc., to accumulate on

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T

nothing to be done or kept on, that will increase insurance responsibility of owner for invitee on restrictions re temporary building on . use of signs re ..

Thoroughfare Alignment­meaning of term

Trees-prohibition against destruction, etc., of

Certificate of exemption of compliance re penalty re . . . . . . . . . . . . . . . .

u Unsightly items

v Vehicles

w Window covers

BY AUTHORITY

b. 4.2

4.12

4.13

5.2 1.1 4.7 4.5 4.8 4.14 4.6 (a) .. 4.13 4.2

1.1

2.2 2.3 2.6

4.8

4.4

4.11 . . . .

S. R HAMPSON, GOVERNMENT PRINTER, QUEENSLAND-1990

I 03802 (IIoc15) 6/90

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