| CRYSTAL WATERS PERMACULTURE VILLAGE
By - Laws Group Title Plan No1833
BY-LAW 1
PRINCIPLES OF USE
For the purpose of interpretation in the Bylaws the following shall apply:
'Resident' shall be a proprietor or occupier of a lot.
'Ranger' shall be the duly appointed agent of the Body Corporate.Principles for the use of the lots and common areas:
The lots contained in the Group Titles Plan and the common property contained therein shall at all times be used, managed and controlled so as to conform with the following principles based upon the ethics of:
Care for the Earth and
Care for the People and
No use or activity upon any lot or upon the common property shall be performed or conducted contrary to such principles:
(a) the flora and fauna are to be observed and enjoyed at all times and in such manner as will preserve the environment with full recognition of the environmental sensitivity of the area.
(b) a resident shall co-operate with the overall property policy and design in relation to general landscape, re-afforestation, forestry, agriculture and aquaculture.
(c) a resident shall obtain the permission of the Body Corporate Ranger and/or obtain appropriate permits and/or licences for the use of non-lethal traps or to hunt or fish. These animal management activities are to be in accordance with all current laws, regulations, guidelines an by-laws of government, appropriate non government bodies and the Crystal Waters Body Corporate. Fishing by net or line is prohibited in the Mary River, Kilcoy Creek and Scrub Creek both within and adjacent to the property comprising the Group Title Plan. The keeping of firearms by a resident on his or her lot or the common property, requires the consent of the Body Corporate.
(d) no resident shall do or permit to be done or omitted, any act which might obstruct or tend to disrupt access to the common property or the surrounding area by any persons. Further, the resident of a lot must obtain permission of the Ranger for the lighting of fires on his or her lot or the common property.
(e) a resident shall obtain permission of the Ranger for M removal of a living or dead tree on his or her lot or the common property.
(f) a resident shall obtain permission of the Ranger for the use of an undesirable chemical as provided in the list of such chemicals provided by the Body Corporate from time to time.
(g) a resident shall use his or her best endeavours to preserve now and at all times in the future the principles for use or activity over a lot or common property.
Any act or omission done or omitted to be done in contravention of the principles expressed in this by-law shall constitute a breach of these by-laws.
In the event of a dispute arising between residents then in accordance with these principles the matter may be referred in confidence to the Elders as elected by the Body Corporate.
BY-LAW 2
BREACH OF BY-LAWS
The reasonable determination of the Ranger as to whether or not there has been a breach of the provisions of the above by-laws, shall be respected by the residents of all lots. Any dispute as to whether or not the decision of the Ranger is correct shail be referred to the Body Corporate whose decisions shall be binding on the residents of all lots.
BY-LAW 3
BUILDING APPLICATION APPROVAL
In recognition of the above principles, and for the protection of the interests of all residents, each resident shall submit for approval to the Body Corporate or to such persons who shall from time to time be appointed as agent on behalf of the Body Corporate, site and layout plans for excavation and landscaping and plans for all constructions and/or alterations to the subject land prior to submission for approval with the Caloundra City Council.
In recognition of the above principles, and in particular by-law 1(f), no building approval will be given to any plan for/or construction and/or alterations specifically requiring the application of those chemicals referred to in bylaw 1 (I). Where there has been a deemed contravention of by-law 1(f), the Body Corporate at the defaulting resident's cost, is to conduct the appropriate testing of the site to assess the damage caused and recommend the appropriate action to be taken by the resident at fault with respect to same.
Each resident shall ensure that on the construction of a dwelling, a rainwater tank for the supply of potable water is installed.
BY-LAW 4
BUSINESS APPLICATION APPROVAL
In recognition of the above principles and for the protection of the interests of all residents, each resident shall Submit for approval to the he who shall Body Corporate or to such person from time to time be appointed as agent on behalf of the Body Corporate, detailed proposals for the conduct of any business from any lot within the Group Titles Plan.
BY-LAW 5
NOISE AND BEHAVIOUR
A resident shall not upon the Jot or the common property create any noise and/or behaviour likely to interfere with the peaceful enjoyment of the resident of another lot or any person lawfully using common property
BY-LAW 6
VEHICLES
A resident shall endeavour to avoid parking or standing any motor vehicle or other vehicle upon common property except with the consent in writing of the Ranger. Nor shall any person drive or cause to be driven a motor vehicle within or upon the common property at a speed in excess of 40 kilometres per hour.
Any motor or other vehicle driven upon a lot or common area shall comply with the Traffic Act or other statute in that it must be in a roadworthy condition, the driver to be duly licenced and have the vehicle duly registered.
BY-LAW 7 -Deleted
BY-LAW 8
ERADICATION OF WEEDS AND FIRE RISK
A resident shall abide by the Body Corporate policy, which may issue from time to time regarding the eradication of noxious weeds and minimisation of fire risks.
BEHAVIOUR OF INVITEES
A resident shall take all reasonable steps to ensure that his or her invitees behave in a manner not likely to interfere with the peaceful enjoyment of the resident of another lot or of any person lawfully using common property, nor to cause or contribute to any breach of these by-laws.
BY-LAW 10
BEHAVIOUR OF CHILDREN
A resident shall take all reasonable steps to ensure that his or her children or children of an invites behave in a manner not likely to interfere with the peaceful enjoyment of the resident of another lot or of any person lawfully using common property, nor to cause or contribute to any breach of these by-laws.
BY-LAW 1 1
DEPOSITING RUBBISH ETC. ON COMMON PROPERTY (see by law 1)
No resident shall deposit or throw upon the common property any rubbish, dirt, dust or other material likely to interfere with the peaceful enjoyment of the resident of another lot or of any person lawfully using common property.
BY-LAW 12
STORAGE OF FLAMMABLE LIQUIDS ETC.
A resident shall obtain the consent in writing of the Ranger to use or store upon his or her lot or upon the common property any flammable chemical, liquid or gas or other flammable material, other than chemicals, liquids, gases or other material used or intended to be used for domestic purposes.
BY-LAW 13
GARBAGE DISPOSAL
(see by-law 1)
A resident shall in accordance with a refuse recycling programme as provided by the Body Corporate from time to time maintain on the lot receptacles for garbage.
BY-LAW 14
KEEPING OF ANIMALS
In accordance with the principles of use, a resident may, with the consent of the Cornmittee of the Body Corporate only, keep certain domestic animals or fowl on a lot or the common property
The keeping of cats and dogs is prohibited, and a resident must ensure that the provisions of this by-law are strictly adhered to by both a resident and any invites to a lot or the common property
BY-LAW 15
ILLEGAL USE OF LOT PROHIBITED
A resident shall not use his or her lot for any purpose which may be illegal or injurious to the reputation of the parcel.
BY-LAW 16
POWERS AND DUTIES OF THE BODY CORPORATE
(a) Payment for committee office holders. Any members of the committee, particularly those in the positions of Chairman, Secretary and/or Treasurer, may receive remuneration for work done in holding that position as agreed by the Body Corporate from time to time.(b) Term of office.Committee members may, within any 10 year period, hold any position on the Body Corporate for a period of 5 years, be it for a period of 5 consecutive or separated years only.(c) Members' conflict of interest.In the event that members of the Body Corporate committee in any matter discussed or composed by the Body Corporate have specific or declared interest, that interest must be revealed prior to further discussion or decisions of the Body Corporate being made on that matter.Such a member of the committee shall cause a notice of declaration of the interest to be placed in some public place in accordance with the terms of this Act. Such a member shall refrain from voting on related decisions.
ESTABLISHMENT OF A PRIVATE CEMETERY
(a) That the Body Corporate be empowered to establish a private cemetery on that part of the common property delineated and hatched in the sketch plan annexed hereto and marked "A" in accordance with the Cemetery Act 1865 (as amended) and the by-laws of the Caloundra City Council for the use of any proprietor of any lot on Group Titles Plan 1833 or any lineal relative or spouse and/ or de-facto spouse of a proprietor of such a lot.
(b) The Committee of the Body Corporate shall be empowered to administer the area designated as the cemetery in accordance with By-law 17(a) hereof pursuant to the terms of the Cemetery Act 1865 (as amended) or By-laws of the Caloundra City Council and to obtain all necessary consents and permits for the establishment and conduct of a cemetery pursuant thereto and to collect all such fees as may be payable to any competent authority from time to time on account of the establishment and conduct of a cemetery.
(c) The Body Corporate may at the request of a deceased person interred in the cemetery, and upon payment of the relevant cost, erect such monument, plaque or headstone as requested provided the Committee of the Body Corporate may decline to erect such monument, plaque, or headstone which it considers to be inappropriate.
(d) No Proprietor and/or occupier of any lot shall alter, damage, or deface any such monument, plaque, or headstone erected by the Body Corporate pursuant to Bylaw 17(c) thereof.
(a) Proprietors and/or occupiers of lots shall show all due respect for the area of the cemetery at all times including but not limited to the conduct of any burial or interment.
(f) Proprietors and/or occupiers of' lots shall comply in all respects with the terms of the Cemetery Act 1865 (as amended) and the By-laws of the Caloundra City Council relating to the establishment of a cemetery.
Sketch plan of cemetery, east of lot 51, and dated 13th November 95, is held in file.
BY-LAW 18
RECEIPT OF OFFICIAL NOTICES
That a notification of receipt of any' official notices served on the Body Corporate by either any government departments, developers or their agents, relating to planning issues that may have some impact on residents, be distributed to all proprietors within two working days of receipt, and that copies of the official notices be promptly made available at cost and on the request of proprietors or residents, and that the committee be responsible to clear the Body Corporate mail box a minimum of three times per week.
LIST OF UNDESIRABLE CHEMICALS
(See by-law 1(f))
All synthetically compounded substances except for those allowed for in the Crystal Waters Land Use Policy and/or NASAA Standards.
|
