4.1 Prohibition on commercial use
No part of a Lot may be used in any way (directly or indirectly) for any business, commercial,
manufacturing, mercantile, storing or vending purposes which are not consistent with the Lot being
used for the purpose of human habitation or otherwise in contravention of the Local Authority By-
Laws or regulations.. This Part does not prevent the use of a Lot for professional and administrative
(a) there is no external evidence of the use; and
(b) the use is in conformity with all relevant legislation and government requirements;
(c) the use is incidental to the use of the Lot for the purposes of human habitation; and
(d) the Principal Body Corporate approves such use in writing. Such approval not to be
4.1.1 For the purposes of By-Law 4.1 the following words shall, without limiting the generality
thereof, include the following meanings:
“Indirectly” includes any activity which is for the purpose of reward or promotion for or to
employees and/or clients of any business operated by a resident or in which a resident
“Business” includes any activity for the purpose of generating income whether or not for
profit or charitable purposes.
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“Commercial” includes any activity, including but without limiting the generality thereof a
business, for the purpose of generating income.
(a) No signs or billboard of any kind may be displayed to the public view on any portion of a
Lot except information signs that:
(i) may be used by the Company in connection with the development of the Site and
sale of residential real estate; or
(ii) are approved by the Principal Body Corporate.
(b) The use by the Company of signs or billboards permitted by by-law 4.2(a), may not be for a
period beyond the sale by the Company of all its Residential Lots in the Residential Area.
(c) A resident may display on the Resident’s Lot, a sign advertising the Lot for sale or lease by
the Resident if the sign complies with the reasonable standards published by the Principal
Body Corporate as to the size, colour, shape or other qualification for permitted signs.
(a) No person may carry out activities that amount to a General Nuisance or a Specific Nuisance
without the prior written approval of the Principal Body Corporate.
(b) The Principal Body Corporate may determine if a particular activity is a General Nuisance or
a Specific Nuisance.
(c) For the purposes of this by-law 4.3(a), ‘General Nuisance’ means any activity which:
(i) is or may become a unreasonable annoyance or nuisance to Residents; or
(ii) in any way unreasonably interferes with the quiet enjoyment of Residents; or
(iii) in any way increases the insurance premiums of any Resident, Residential Body
Corporate or the Principal Body Corporate.
‘Specific Nuisance’ includes:
(i) conducting auction sales; and
(ii) making loud noises or emitting noxious odours; and
(iii) operating exterior speakers, horns, whistles, bells or other sound devices (other than
a security or warning devices used exclusively for the purposes) at unreasonable and
excessive noise levels; and
(iv) using unreasonably noisy or smoky vehicles, large power equipment or large power
tools and marine craft; and
(v) using unlicensed motor vehicles, except motorised golf carts where all requirements
of operating those golf carts are complied with; and
(vi) using items which may unreasonably interfere with television or radio reception of
but does not include, where the Company is the registered proprietor of a Lot, the use by the
Company of a Lot as a display unit.
(a) No vehicle may be parked, stored or kept on a Lot other than wholly within the Lot’s
designated parking area.
(b) A recreational vehicle (which includes, but is not limited to a camper unit, house car, motor
home, boat or boat trailer) may be parked, stored or kept elsewhere on a Lot (other than on
the Lot’s designated parking area) if the recreational vehicle is screened so it is not visible
from any other Lot.
(c) Commercial vehicles (which includes, but is not limited to a dump truck, cement mixer
truck, coach, bus, inoperable vehicle equipment, whether mobile or otherwise) must not be
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parked, stored or kept in the Eastern Neighbourhood or the Northern Neighbourhood except
for the purpose of commercial deliveries.
(d) A resident must not conduct repairs or restorations of any motor vehicle, boat, trailer, aircraft
or other vehicle on any portion of any Lot (or on any common Property) except within the
Resident’s garage and then only if the activity is determined by the Principal Body Corporate
not to be an unreasonable nuisance.
(e) Except where the Principal Body Corporate approves in writing, garages may only be used
for garage and general storage purposes and must not be converted to other uses.
(f) Each Resident must to the extent possible, ensure the Resident’s garage can accommodate
the number of car parking spaces designated for the Resident’s Lot under the Development
(g) Recreational vehicles referred to in by-law 4.4(b) and vehicles for sale and items associated
with them must only be parked, stored or kept in such areas as designated by the Principal
Body Corporate on approval of an application by the owners of those vehicles or items.
(h) The restrictions in this by-law 4.4 must not be interpreted in such a manner so as to permit
any activity which would be contrary to any applicable by-laws of the Local Authority.
(a) Subject to by-law 5.2(b), insects, reptiles, animals, livestock or poultry of any kind, may not
be raised, bred or kept in the Residential Area.
(b) Dogs, cats, fish, birds or other common household pets (for the purpose of this by-law 4.5,
‘Household Pets’) may be kept on Lots if:
(i) they are not kept, bred or maintained for any commercial purpose; and
(ii) their numbers do not exceed the numbers determined from time to time by the
Principal Body Corporate; and
(iii) when on a Resident’s Lot, are kept within an enclosure or enclosed yard.
(c) Documents and similar Household Pets, when not on the Residential Lot, must be kept on a
leash held by a person capable of controlling the animal.
(d) A Household Pet may not be kept on a Lot if the Principal Body Corporate reasonably
determines that the House Pet is an unreasonable annoyance and the nature of this annoyance
is communicated to the Resident concerned.
(e) A Resident is liable for any unreasonable noise made, or damage to any person or any
property of that person, caused by any animal brought, or kept, on the Residential Areas by:
(i) a Resident; or
(ii) members of a Resident’s family; or
(iii) a Resident’s tenants; or
(iv) a Resident’s invitees.
(f) Residents must clean up after any of their animals which have gone onto any portion of the
Common Property or any portion of another Resident’s Lot.
(g) This by-law 4.5(g):
(i) does not make lawful the keeping of any animals on Residential Areas which would
otherwise be unlawful under any applicable by-laws of the Local Authority; and
(ii) must be read subject to the provisions of the Guide Dogs Act 1972.
4.6 Responsibility for invitees
(a) Residents must:
(i) take reasonable steps to ensure that their invitees comply with the provisions of these
by-laws, and if the Resident cannot for any reason do this, the Resident must ensure
that the invitee immediately leaves the site; and
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(ii) take all reasonable steps to ensure that their invitees do not behave in a manner likely
to interfere with the peaceful enjoyment of the owner of another Lot, or of any
person lawfully using the Common Property; and
(iii) if the Lot is subject to a lease or right of occupancy, take all reasonable steps,
including any action available to the Resident under the lease or right of occupancy,
to ensure that the lessee or their invitees comply with the provisions of these
(b) A Resident is liable to compensate the relevant Body Corporate or any other person for any
damage caused by the Resident, his tenants, invitees and the tenant’s invitees.
Drilling, refining, quarrying and other mining operations of any kind are prohibited on, or in, the
4.8 Unsightly Items
(a) Residents must ensure that:
(i) no rubbish (including, without limitation, trees, grass, shrubs, clippings or plant
waste, metals or bulk material) or other waste material accumulates, is kept or is
stored, in the Residential Areas except in an enclosed structure screened from view;
(ii) rubbish is kept in containers:
(A) located in appropriate areas screened from view; and
(B) maintained so that odours do not emanate from the containers, which render
the Residential Area or any part of them unsanitary, unsightly, offensive or
detrimental to any other Lots in the vicinity or to Residents
(b) Rubbish or garbage containers may be placed on Common Property for a reasonable period
of time not exceeding 24 hours before and after schedule garbage collections.
(c) Exterior fires are prohibited in Residential Areas, except for barbeque fires contained within
receptacles in enclosed yards, which are designed in such a manner that they do not create a
(d) Clothing or household fabrics must not be hung, dried or aired in such a way as to be visible
from any other property.
(e) Any screen required by this by-law 4.8 must comply with standards made under 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.
(f) Plants and seeds infected with noxious insects or plant diseases must not be brought upon,
grown or maintained on the Residential Areas.
Television, radio and other electronic antenna and devices of any type may not be erected,
constructed, placed or permitted to remain on any Lot unless:
(a) they have been approved in writing by the Principal Body Corporate; or
(b) they are contained within a Principal Structure.
4.10 Security systems
Except for any security system installed by the Company, security systems of any sort must not be
erected, placed or permitted to remain on any Lot or Common Property, unless they have been
approved in writing by the Principal Body Corporate.
4.11 Temporary building
(a) Except for children’s recreational facilities only, out-buildings, tents, shacks, sheds and other
temporary buildings or improvements, may not be placed on any part of the Residential
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Areas temporarily or permanently unless the Principal Body Corporate has approved the
placement in writing and then only as set out in the Principal Body Corporate’s approval.
(b) Garages, trailers, campers, motor homes and recreational vehicles may not be used as a
residence in the Residential Areas either temporarily or permanently.
4.12 Insurance rates
(a) Nothing may be done on, or kept in, the Residential Areas without the approval in writing of
the Principal Body Corporate, which:
(i) increases the rate of insurance on any property insured by the Principal Body
(ii) would result in the cancellation of insurance on any property insured by the Principal
Body Corporate; or
(iii) would be in violation of any law.
(b) Nothing may be done on, or kept in, the Residential Ares which:
(i) increases the rate of insurance on any property insured by:
(A) a Residential Body Corporate; or
(B) the Primary Thoroughfare Body Corporate; or
(ii) would result in the cancellation of insurance on any property insured by:
(A) a Residential Body Corporate; or
(B) the Primary Thoroughfare Body Corporate.
(a) The Resident is responsible for ensuring compliance by the lessee with the lease of the
(b) A resident may not lease Family Accommodation separately from other structures on the
(c) A lease must:
(i) be in writing; and
(ii) provide that a failure by the lessee to comply with these by-laws is a default under
4.14 No rebound walls
Walls, including but without limitation, Controlled Aspect Walls, may not be used as rebound walls.
4.15 Integrated Tourism Resort – FIRB requirements
Upon a sale of a Lot, the Resident must notify the Company’s secretary (or other nominated person)
(a) the fact of the transfer; and
(b) the full name and address of the transferee (including, if the transferee is a company, its
registered office and shareholders); and
(c) whether the transferee is an Australian resident, and if not the resident status of the
(d) any other details that the Company may require for the purposes of its compliance with any
law regarding the foreign ownership of land.
Any person who contravenes or fails to comply with any provision of these by-laws commits an
offence against these bylaws and is liable as provided for in the Act.
4.17 Special events
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In the case of the Company planning a special event, of which either the whole or part of the event
requires access onto secondary thoroughfare and/or use of the Company’s undeveloped lots, the
(a) notify the PBC of a person or persons directly responsible for the planning, control and
report of security matters relating to the event (Designated Person); and
(b) the Designated Person must present to the PBC no later than 30 days prior to the event plan
(in respect of the Secondary Thoroughfares) outlining:
(i) Security Arrangements and Personal
(ii) Parking Arrangements
(iii) Access Arrangements
(iv) Contingency arrangements to cope with emergency or unexpected occurrences
including inclement weather and unexpectedly large attendances
(v) Erection of Temporary structures and fixtures; and
(c) The PBC will, within 14 days of receiving the plan, either through its Executive Committee
or its designated sub-committee, consider the plan and either approve or reject and report
back to the Designated Person with any suggestions or requirements for amendments or
additions to the plan prior to the approval being granted; if no response is received by the
Company from the PBC or a designated sub-committee within 14 days, then the plan will be
considered approved subject to the plan conforming with the requirements of Clause 4.17(j);
(d) the PBC’s consent is not to be unreasonably withheld; and
(e) the PBC will designate a person or sub-committee to approve or reject any changes to the
plan that may arise due to changes in circumstances; and
(f) the Company must, at its own expense, provide adequate and properly instructed security
personnel for the control and orderly conduct of traffic, access, behaviour and control of
visitors to and attendees to any event; and
(g) the Company may erect on its own land such temporary structures as it deems necessary for
the operation of the event provided that all such structures are not erected before 5 days prior
to the event and are removed not later than 48 hours after the event; and
(h) the Company may erect on its own land such signage, lightning and other temporary fixtures
and services as deemed necessary for the operation of the event subject to the requirements
of By-Law 4.17(c); and
(i) the Company must, at its expense, rectify any damage causes to any resident, residential
property, residential Body Corporate, Principal Body Corporate, Secondary Thoroughfare
and associated structures as a direct result of the event not later than 21 days after the
completion of the event; and
(j) Notwithstanding any approval given by the PBC under By-Law 4.17(c) the Company will be
required to conduct the special event in such a way that:
(i) it does not unreasonably interfere with the quiet enjoyment of residents;
(ii) it becomes an unreasonably annoyance or nuisance to the residents;
(iii) it does not interfere with the residents right of unhindered access to their properties;
(iv) in any way increases the insurance premiums of any resident, residential Body
Corporate or the Principal Body Corporate.