Earlier this month, the Gold Coast City Council has considered a Local Law to specifically impose an obligation on private land owners to maintain the private ‘prescribed works’ (ie. private structures in canals and other waterway areas, including but not limited to revetment walls, pontoons and jetties) that are on private land or which are connected to or benefit that land.
The Local Law was put before Council on 11 June 2013 for making after the sealing of the consent of the Minister for Local Government.
The most critical aspect is clause 15 of Local Law No. 17 which states that any Seller who enters into a Contract must ensure that the Contract includes a clause stating or specifying the following matters:
(a) The Contract is a Contract to which this section applies;
(b) The actual specified prescribed work (the actual specified work) that is completely or partly situated on or which is connected to the relevant lot; and
(c) Under this Local Law a person who is responsible is a responsible person for the specified prescribed work is, at the person’s cost, required to maintain and keep the specified prescribed work in:
(i) A safe condition; and
(ii) Good working order, repair and condition including so that the prescribed work can continue to perform its intended function; and
(d) Whether or not there is an outstanding notice issued by Local Government and that this Local Law is in relation to the actual specified work and if so the contents of that notice.
If the Seller does not comply with the above, a Buyer may terminate the Contract by notice in writing to the Seller at any stage before settlement of the Contract and the Seller must repay to the Buyer any amounts paid by the Buyer to the Seller towards the purchase of the lot.
There are also 50 penalty units for the Seller who does not comply with this new Local Law.
The Council will within one month from 11 June 2013 publish a notice in the Government Gazette about the new Local Law.
It is therefore important for all Agents who act for Sellers with houses on any waterways and/or canals to ensure that the Contracts comply with this new Local Law.
Should you require any assistance in this matter, please contact our Property and Commercial Department on 07 5536 9777 or email firstname.lastname@example.org.