QueenslandSouth Bank
Corporation Act 1989SOUTHBANKCORPORATIONREGULATION1992Reprinted as in force on 2 December
1999(includes amendments up to SL No. 88 of
1999)Reprint No. 1BThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThisregulationisreprintedasat2December1999.Thereprintshowsthelawasamendedbyallamendmentsthatcommencedonorbeforethatday(ReprintsAct1992 s
5(c)).Thereprintincludesareferencetothelawbywhicheachamendmentwasmade—see list of legislation and list of
annotations in endnotes.Thispageisspecifictothisreprint.SeepreviousreprintsforinformationaboutearlierchangesmadeundertheReprintsAct1992.Atableofearlierreprintsisincluded in the endnotes.Also
see endnotes for information about—•when
provisions commenced•editorial changes made in earlier
reprints.
s15s3South
Bank Corporation Regulation 1992SOUTH BANK
CORPORATION REGULATION1992[as amended by
all amendments that commenced on or before 2 December 1999]†PART 1—PRELIMINARY˙Short
title1.ThisregulationmaybecitedastheSouthBankCorporationRegulation
1992.˙Commencement2.This
regulation commences on the day that section 26 of theSouthBank Corporation
Amendment Act 1991commences.˙Definitions3.In
this regulation—“appropriate fee”means the fee
determined by an appropriate authorityunder section 6
(Determination of appropriate fee);“approved
form”means a form approved by the chief executive
of theLandDepartmentortheCorporationManagerundersection4(Approved forms);“Development
Approval Guidelines”has the meaning given by section
7(Development Approval Guidelines);“easement plan”means a plan
mentioned in section 25G of the Act;“Land
Department”means the department that deals with matters
arisingunder the Real Property Acts;“plan”means—(a)a plan for the subdivision or
amalgamation of land under section25(4) of the
Act; or
s46s4South
Bank Corporation Regulation 1992(b)a
stratum plan; or(c)a boundary adjustment plan; or(d)a stratum plan of subdivision;
or(e)a stratum plan of amalgamation;
or(f)an easement plan;“PlanApprovalGuidelines”has the meaning
given by section 8 (PlanApproval Guidelines);“schedule of revised unimproved value
proportions”means a schedule,under section
25A(7) of the Act, showing the proposed unimprovedvalue proportion for each of the stratum
lots created by a stratum planof
subdivision;“schedule of unimproved value
proportions”means the particulars, in amanagement statement, showing the
apportionment of the unimprovedvalue of land
comprised in the relevant stratum plan between stratumlots
in the stratum plan;“Town Clerk”has the meaning
given by theCity of Brisbane Act 1924.˙Approved
forms4.(1)In this
section—“approving officer”means—(a)in relation to a form to be used in
the Office of the Registrar ofTitles—the chief
executive of the Land Department; or(b)in
relation to any other form—the Corporation Manager.(2)If this regulation allows or requires
a person to give a form in theapproved form,
the approving officer must approve a form for that purpose.(3)A person may request the approving
officer to give to the person adocument setting
out an approved form.(4)The approving
officer must promptly comply with a request undersubsection (3).
s57s7South
Bank Corporation Regulation 1992˙Fees5.The fees payable
to the Registrar of Titles, for the lodgment of variousforms
for registration in the Office of the Registrar of Titles, are set
out inthe Schedule.˙Determination of appropriate fee6.(1)Anappropriateauthoritymaydeterminethefeepayableforanapplication for its approval of—(a)a plan; or(b)a
development; or(c)a variation of a development
approval;of a particular type.(2)An
appropriate fee for an application must not exceed the amount
thattheappropriateauthorityestimateswouldbeitstotalcostsinproperlydetermining the
application in compliance with the Act and any regulationsmade
under the Act.†PART 2—GUIDELINES˙Development Approval Guidelines7.(1)The Corporation
may publish guidelines in relation to an applicationfor—(a)approval of a
development under section 22(2)(a) of the Act; or(b)variation of a development approval
under section 22A(1) of theAct.(2)Withoutlimitingsubsection(1),theguidelinesmayrelatetothefollowing aspects of such an
application—(a)forms and procedures to be followed by
the applicant;(b)consideration of the application by
the Corporation;
s
88s 10South Bank
Corporation Regulation 1992(c)notification of the Corporation’s
decision;(d)an appropriate fee to be paid by the
applicant.(3)TheCorporationmay,initsconsiderationofanapplicationfordevelopment approval, take into account the
extent to which the applicationcomplies with the
Development Approval Guidelines.˙Plan
Approval Guidelines8.(1)An appropriate
authority may publish guidelines in relation to anapplication for approval of a plan.(2)Withoutlimitingsubsection(1),theguidelinesmayrelatetothefollowing aspects of such an
application—(a)forms and procedures to be followed by
the applicant;(b)consideration of the application by
the appropriate authority;(c)notification of
the appropriate authority’s decision;(d)an
appropriate fee to be paid by the applicant.(3)The
appropriate authority may, in its consideration of an
applicationfor approval of a plan, take into account the
extent to which the applicationcomplies with the
Plan Approval Guidelines.†PART 3—GENERAL
PLAN REQUIREMENTS˙Application for approval9.A plan submitted to an appropriate
authority for approval under theAct must be
accompanied by—(a)an application for approval in the
approved form; and(b)the appropriate fee.
s
119s 12South Bank
Corporation Regulation 1992˙Plan
numbers10.The Registrar of Titles must allot a
number to—(a)a stratum plan; or(b)a
boundary adjustment plan; or(c)a
stratum plan of subdivision; or(d)a
stratum plan of amalgamation;on or before its
registration.˙Numbering of plan sheets11.(1)A plan may
comprise 1 or more sheets.(2)Each sheet must
be consecutively numbered as part of a series, forexample, ‘sheet 1 of 4 sheets’.˙Signing etc. of plans12.(1)A plan (other
than a plan mentioned in section 14) must include—(a)a certificate by the licensed surveyor
who prepared the plan; and(b)an approval by
the appropriate authority; and(c)a
certificate by the registered proprietor of the freehold estate
inthe land the subject of the plan;in
the approved form.(2)A plan, instrument or other dealing
that is required to be signed by anappropriate
authority may be signed—(a)in the case of
the Corporation—by the Corporation Manager; or(b)in
the case of the Council—by the Town Clerk.(3)If—(a)aperson,exceptapersonsigningonbehalfofanappropriateauthority, is
required to sign an instrument required under section25G
of the Act to accompany an easement plan; or(b)an
appropriate authority is required to sign an instrument
under
s
1310s 15South Bank
Corporation Regulation 1992theAct,otherthanaplan,tobelodgedintheOfficeoftheRegistrar of Titles;the
person or the appropriate authority must have his, her or its
signatureattested in accordance with section 115 of
theReal Property Act 1861, as ifthe
instrument were executed under that Act.˙Consent of body corporate, registered lessees
and registeredmortgagees13.TheRegistrarofTitlesmustnotregisteraplanunlessitisaccompanied by a
consent in the approved form, given by—(a)iftheplanaffectscommonpropertycomprisedinaleaseholdbuilding units plan—the body corporate of
the leasehold buildingunits plan; and(b)if
the plan affects any other land—the registered lessee and
anyregistered mortgagee of the leasehold estate
in the affected land.˙Real Property Acts
apply to certain plans14.The provisions
of the Real Property Acts that relate to plans applyto—(a)a plan for the
subdivision or amalgamation of land mentioned insection 25(4) of the Act; and(b)an easement plan.˙Definition of stratum lots15.(1)A stratum lot
must be defined—(a)by regular planes, which may be
horizontal or inclined, fixed byreference to
levels in relation to Australian height datum; or(b)inanyothermannerthatcomplieswiththeprovisionsoftheSurveyors Act 1977relating to a
lot.(2)If a stratum lot is defined by an
inclined plane, elevations or sectionsor both must be
shown, identifying the plane with sufficient information
to
s
1611s 17South Bank
Corporation Regulation 1992enable the level
of any point on the plane to be calculated.(3)A
stratum lot must be illustrated in—(a)orthographic form or isometric form;
or(b)anyothermannerthatcomplieswiththeprovisionsoftheSurveyors Act 1977relating to a
lot.†PART 4—SPECIFIC PLAN
REQUIREMENTS˙Stratum plan16.A
stratum plan must comprise—(a)a
first sheet in the approved form; and(b)a
further sheet or sheets that—(i)showtheboundariesofthelandbeingsubdividedbythestratum plan; and(ii)establish the precise dimensions and
location of—(A)thestratumlotstobecreatedbyregistrationofthestratum plan; and(B)any
roads to be dedicated to public use; and(c)the
certificates and approvals mentioned in section 12(1)
(Signingetc. of plans).˙Boundary adjustment plan17.(1)A
boundary adjustment plan must comprise—(a)a
first sheet in the approved form; and(b)a
further sheet or sheets that—(i)show
the redefined boundaries as alterations to the sheet orsheets required under section 16(b) (Stratum
plan); and(ii)establishtheprecisedimensionsandlocationsofthe
s
1812s 19South Bank
Corporation Regulation 1992boundaries of
the redefined lots; and(c)the certificates
and approvals mentioned in section 12(1) (Signingetc.
of plans).(2)In the sheets mentioned in subsection
(1)(b), the boundaries shownontheboundaryadjustmentplanthathavenotbeenalteredmaybecompiled from the
stratum plan.˙Stratum plan of subdivision18.A stratum plan of subdivision must
comprise—(a)a first sheet in the approved form;
and(b)a further sheet or sheets that—(i)show the boundaries of the stratum lot
being subdivided; and(ii)establish the
precise dimensions and locations of the stratumlots being
created; and(c)the certificates and approvals
mentioned in section 12(1) (Signingetc. of
plans).˙Stratum plan of amalgamation19.(1)A stratum plan
of amalgamation must comprise—(a)a
first sheet in the approved form; and(b)a
further sheet or sheets that—(i)show
the boundaries of the stratum lots being amalgamated;and(ii)establish the
precise dimensions and locations of the stratumlot being
created; and(c)the certificates and approvals
mentioned in section 12(1) (Signingetc. of
plans).(2)If a stratum plan of amalgamation that
amalgamates all the lots in astratum plan is
lodged for registration with the Registrar of Titles, it must
beaccompaniedbyarequesttoterminatethemanagementstatementthatrelates to the
stratum plan.
s
2013s 21South Bank
Corporation Regulation 1992˙Easement plan20.(1)An
easement plan must comprise—(a)a
plan of survey in the approved form; and(b)the
certificates and approvals mentioned in section 12(1)
(Signingetc. of plans); and(c)a
statement of intention to create the easements, complying
withsubsection (4).(2)The
location and nature of an easement on an easement plan must
beclearlydefinedsothatitcanbeeasilydistinguishedfromanyothereasements on the
plan.(3)Any limits of an easement as to height
or depth must be related toAustralian height
datum.(4)The statement of intention mentioned
in subsection (1)—(a)must be legibly printed in dense black
non-copying record ink onthe easement plan; and(b)mustsetoutbrieflythenatureandlocationofeacheasementbeing created; and(c)must
not—(i)incorporate the text of an easement;
or(ii)specify the lots
intended to be benefited or burdened by aneasement.˙Instrument required to accompany
easement plan21.An instrument required under section
25G of the Act to accompanyan easement plan
must be in the approved form.
s
2214s 25South Bank
Corporation Regulation 1992†PART
5—SCHEDULE OF REVISED UNlMPROVEDVALUE
PROPORTIONS˙Form and content22.A
schedule of revised unimproved value proportions must be in
theapproved form.˙Total
revised unimproved value proportions to equal former23.On registration of the stratum plan of
subdivision to which a scheduleof revised
unimproved value proportions relates, the total of the
proposedunimproved value proportions of the stratum
lots being created must equalthe unimproved
value proportion of the stratum lot being subdivided.˙Registrar of Titles to amend the
relevant schedule of unimprovedvalue
proportions24.Whenregisteringascheduleofrevisedunimprovedvalueproportions, the Registrar of Titles must
amend the relevant schedule ofunimproved value
proportions by—(a)deletingreferencetothestratumlotbeingsubdividedanditsunimproved value proportion;
and(b)recordinginitsplacethestratumlotsbeingcreatedandtheirunimproved value
proportions.†PART 6—REQUIREMENTS FOR
MANAGEMENTSTATEMENTS˙Form
and content25.(1)A management
statement must be in the approved form.(2)Amanagementstatementmustprominentlydisplayanoteinthefollowing form—
s
2615s 28South Bank
Corporation Regulation 1992‘IMPORTANT
NOTEThe terms of this management statement are
binding on—(a)the body corporate of the leasehold
building units plan for the partof the building
concerned; and(b)anylessee,sublessee,occupierormortgageeofalotintheleaseholdbuildingunitsplanforthepartofthebuildingconcerned; and(c)any
lessee, sublessee, occupier or mortgagee of any part of thebuilding or its site that does not form part
of a stratum parcel.[refer s.25E(8)South Bank
Corporation Act 1989]’.˙Request to amend or terminate a management
statement26.(1)The form for
lodging an amendment of a management statementunder section
25E(15) of the Act is a request to amend the managementstatement, in the approved form.(2)Arequesttoterminateamanagementstatementundersection25A(14) of the Act must be in the approved
form.˙Requirements for schedule of unimproved
value proportions27.Ascheduleofunimprovedvalueproportionsinamanagementstatement must be
in the approved form.†PART
7—DEVELOPMENT APPROVALS˙Application for
approval of a development28.AnapplicationtotheCorporationforapprovalofadevelopmentmust
be—
s
2916s 31South Bank
Corporation Regulation 1992(a)in
the approved form; and(b)accompanied by
the appropriate fee.˙Application for
variation of a development approval29.An
application made to the Corporation under section 22A(1) of
theAct for variation of a development approval
must be—(a)in the approved form; and(b)accompanied by the appropriate
fee.˙Certification by Corporation30.After deciding an application
mentioned in section 28 (Applicationforapprovalofadevelopment)or29(Applicationforvariationofadevelopment approval), the Corporation
must endorse on the application—(a)if
the application is approved without conditions—the decision;
or(b)if the application is approved subject
to conditions—(i)the decision; and(ii)the
conditions; and(iii)a brief
statement of the reasons for the conditions; or(c)if
the application is refused—(i)the
decision; and(ii)a brief
statement of the reasons for the refusal.†PART
8—MISCELLANEOUS˙Register31.(1)In
this section—“register”has the meaning
given by section 3 of theRealPropertyAct1861.
s
3217s 32South Bank
Corporation Regulation 1992(2)The Registrar of
Titles must record, in a separate part of the register,particulars of each plan, instrument or other
dealing that is required to beregistered under
the Act or a regulation made under the Act.˙Annexures32.(1)If a
space provided for a particular purpose in an approved form
isinsufficient to contain all the information
required to be completed for thepurpose, then,
subject to subsection (2)—(a)the information
must be set out—(i)in the case of a panel—in an enlarged
panel in the approvedform; or(ii)in
any other case—in a schedule in the approved form; and(b)a reference to the first mentioned
approved form must be insertedon the enlarged
panel or schedule.(2)If information to be set out on an
enlarged panel or schedule requiresmore than 1
page—(a)the first page containing the
information must be in the approvedform for an
enlarged panel or schedule; and(b)each
subsequent page containing the information must be in theapproved form for that purpose; and(c)the pages must be numbered
consecutively.Expiry date for Act, pt 3A32A.(1)For the purposes
of section 15I of the Act, the date prescribed is10
December 1997.(2)This section expires on 11 December
1997.11This section has
expired and is included in this reprint for informational
purposesonly. It will be omitted in the next
reprint.
s
32B18South Bank Corporation Regulation
1992s 35˙Date prescribed
for Act, s 15F32B.(1)For section
15F2of the Act, the date prescribed is 1
June 1999.(2)This section expires on 30 June
1999.†PART 9—REQUIREMENTS FOR CERTAININSTRUMENTS˙Meaning of “document” in this Part33.In this Part—“document”means an instrument, other than—(a)a plan for the subdivision or
amalgamation of land under section25(4) of the
Act; or(b)an easement plan;lodged in the
Office of the Registrar of Titles under this regulation.˙Composition and condition of
paper34.The paper used for a document must
be—(a)watermarked, tub sized, azure laid
ledger paper containing at least60% rag fibre;
and(b)uncreased and free from discolouration
and blemishes; and(c)of a substance of at least 113
g/m2; and(d)of a
bursting strength of between 3.1675 and 3.8713 g/cm2.˙Typewriting35.Typewriting on a document—2Section15F(Assignmentofdesignandconstructionmanagementagreement)ofthe
Act
s
3619s 39South Bank
Corporation Regulation 1992(a)must
not overlap; and(b)must be of dense black non-copying
record ink.˙Handwriting36.Handwriting on a document must be—(a)clear and legible; and(b)written in dense black non-copying
record ink.˙Document not to be a carbon copy
etc.37.A document must not—(a)be a carbon copy; or(b)contain typewriting characters that
blur, spread or could be easilydamaged by an
adjacent sheet.˙How alterations are to be made38.An alteration to a document—(a)must be made by striking through the
matter to be altered andshowing the new information adjacent
to it; and(b)must not be made by rubbing, scraping
or cutting the surface ofthe document or by the use of
correcting fluids.˙Initialling of alterations39.An alteration to a document must be
initialled—(a)in the case of a plan—(i)by the licensed surveyor who prepared
the plan; and(ii)ifthealterationaffectsaboundaryofland—bytheappropriateauthorityandtheregisteredproprietorofthefreehold estate in the land; or(b)inanyothercase—bytheregisteredproprietorofthefreeholdestate in the
land.
20South Bank Corporation Regulation
1992¡SCHEDULE†FEESsection 5$1For lodgment in
the Office of the Registrar of Titles, forregistration,
of—(a)a plan for the subdivision or
amalgamation of landmentioned in section 25(4) of the
Act. . . . . . . .50.00(b)
a stratum plan. . . . . . . . . . . . . . . . . . . . . .
. . . .120.00(c)a
boundary adjustment plan . . . . . . . . . . . . . . . .120.00(d) a stratum
plan of subdivision . . . . . . . . . . . . . . .120.00(e)a
stratum plan of amalgamation . . . . . . . . . . . . .120.00(f)an
easement plan. . . . . . . . . . . . . . . . . . . . . .
. .50.00(g) ascheduleofrevisedunimprovedvalueproportions. . . . . . . .
. . . . . . . . . . . . . . . . . . . .78.00(h)
an instrument under section 25G of the Act. . .78.00(i)a
management statement. . . . . . . . . . . . . . . . .
.78.00(j)an
amendment of a management statement . . . .78.00(k)
a request to terminate a management statement .78.002If a plan mentioned in item 1(a), (b)
or (c) contains morethan 9 lots, then, for each additional
lot. . . . . . . . . . . . .15.703If
an instrument under section 25G of the Act containsmore
than 9 easements, then, for each additional easement15.70