By-laws of Strata Plan 36965
Billen Cliffs Village
All by-laws are under revision due to recent changes to the Strata Act and are provided here only as a guideline of the general principles to which Billen Cliffs Village aspires.
Clause 1 Noticeboard
The Executive Committee shall cause a notice-board to be affixed
to some part of the common property and a copy of the minutes of a meeting
of the executive committee to be displayed on the notice board within
days after that meeting; and to be kept so displayed for a period of
not less than 14 days.
Clause 2 Noises or Nuisance
An owner or occupier of a lot shall not upon the parcel or upon common
property create any noise or nuisance likely to interfere with the peaceful
enjoyment of the owner or occupier of another lot or any person lawfully
using common property.
Clause 3 Vehicles
An owner or occupier of a lot shall not dispose of any motor or other
vehicle upon common property. If the owner's corporation is satisfied
that any vehicle deposited on common property is abandoned it has the
authority to have the vehicle removed at the owner's expense. Vehicles
parked temporarily on commons are to be parked in such a manner as to
not impede the flow of traffic nor interfere with any person lawfully
using any lot or the common property.
Clause 4 Obstruction of common property
An owner or occupier of a lot shall not obstruct lawful use of common
property by any person.
Clause 5 Damage to trees etc on common property
An owner or occupier of a lot shall not, except with written consent
of the owner’s corporation cut down, lop ringbark or otherwise
damage any living trees being part of or situated upon common property.
Clause 6 Damage to common property
An owner or occupier of a lot shall not excavate, modify or otherwise
damage or deface, any land or structure that forms part of the common
property without the approval in writing of the owners corporation,
and consultation with immediate neighbours.
Clause 7 Behaviour of owners and occupiers
An owner or occupier of a lot when upon common property shall be adequately
clothed and shall not use language or behaviour in a manner likely to
cause offence or embarrassment to the owner or occupier of another lot
or to any person lawfully using common property.
Clause 8 Children playing on common property or in buildings
An owner or occupier shall not permit any child of whom he or she has
control, unless accompanied by an adult exercising effective control,
to play within the common property buildings or to be on or to remain
upon common property comprising workshops, machinery sheds, parking
areas, quarry, dams or other areas of possible danger or hazard to children.
Clause 9 Behaviour of invitees
An owner or occupier of a lot shall take reasonable steps to ensure
that his or her invitees do not behave in a manner likely to interfere
with the peaceful enjoyment of the owner or occupier of another lot
or any person lawfully using common property.
Clause 10 Depositing rubbish etc on common property
An owner or occupier of a lot shall not deposit or throw upon the common
property any rubbish, dirt, dust, vehicle wrecks or any other material
likely to interfere with the peaceful enjoyment of the owner or occupier
of another lot or any person lawfully using the common property.
Clause 11 Storage and use of inflammable liquids and poisons etc
(a) An owner or occupier of a lot shall not, except with the written
approval in writing of the owners corporation use, store or dispose
of upon his or her lot or the common property any chemicals, poisons
or environmentally damaging substances or other liquids or gasses of
an inflammable nature, other than those permitted under section (b)
of clause 11.
(b) Chemicals and gasses commonly used for fuel or domestic purposes
which can be stored and used in moderation and with due care, with the
exceptions of synthetic insecticides, pesticides, herbicides and other
Clause 12 Garbage disposal
An owner or occupier of a lot shall keep his or her lot clean and free
from rubbish, vermin and noxious weeds.
Clause 13 Keeping of animals
The owners or occupiers of a lot shall be entitled to keep any animal
upon their lot provided that:
(a) No dogs or cats shall be allowed upon any lot or the common property
other than existing animals already duly approved as at 7/6/92.These
animals may not be replaced.
(b) his or her animal is adequately restrained to prevent that animal
entering or encroaching upon common property or any other lot, and
(c) no cat shall be allowed onto any lot or the common property unless
it has been de-sexed, and
(d) the keeping of such animal is not otherwise prohibited by law.
Clause 14 Erection of signs
An owner of a lot shall not, except with the written consent of the
owners corporation erect a sign, signal or advertisement on the lot.
Clause 15 Erection of telephone, electricity or other service cables
An owner or occupier of a lot shall not be entitled to erect above ground
telephone, electricity or other service cables on the common property
without the written consent of the owners’ corporation as agreed
upon in general meeting.
Clause 16 Firearms
An owner or occupier of a lot or his or her invitees shall not be entitled
to bring any firearms onto the lot or common property, or use any firearms
on the lot or the common property.
Clause 17 Water and other services
An owner or occupier of a lot shall not-
(a) do any act manner or thing which may or could cause damage to or
break down any water, electrical, telephone or other services used in
common with owners or occupiers of other lots, and
(b) unnecessarily waste water supplied to and used in common with owners
or occupiers of other lots.
Clause 18 Speed limit
No vehicle shall travel at a speed greater than 20kph whilst on any
roadway on common property.
Clause 19 Use of lot
An owner of a lot must notify the owners corporation if the occupier
intends to change the existing use of the lot in a way that may affect
the insurance premiums for the strata scheme (for example, if the change
of use results in a hazardous activity being carried out on the lot,
or results in the lot being used for commercial or industrial purposes)
Clause 20 Additional authorities of the Owners
In addition to the authorities and duties conferred or imposed upon
the owners’ corporation by the Act and the By-Laws the Owners
Corporation shall in general meeting have:
(a) the authority to construct buildings and acquire and install appliances
on the common property,
(b) the authority to create fire breaks, dams, playing fields, walking
tracks, quarry, burial grounds etc on common property,
(c) the authority to change the appearance of the common property,
(d) the authority to acquire vehicles, machinery and equipment and dispose
of such items as deemed necessary.
Clause 21 Committees
(1) The executive committee of the owners’ corporation may establish
committees in accordance with this By-Law.
(2) A committee shall operate for such a period of time as the executive
committee may determine.
(3) A committee established pursuant to this By-Law shall be constituted
by the following persons who shall be appointed by the executive committee
and subject to the removal and replacement thereby:
(a) A member of the executive committee (who shall also be designated
as the convenor of the committee); and
(b) Up to four (4) other persons, being members of the executive committee,
owners or registered lessees.
(4) The functions of a committee shall be confined to those of an advisory
and supervisory nature.
(5) The members of a committee shall elect a chairperson who shall preside
at its meetings wherever possible.
(6) The meetings and proceedings of a committee shall be regulated in
such a manner as the committee may from time to time determine.
Clause 22 Indemnities
That every member for the time being of the Executive Committee of the
Owners Corporation shall be indemnified by the Owners Corporation out
of its funds and assets against personal liability for the acts, receipts,
neglects or defaults of any other member of the Executive Committee
or of any managing agent or for any loss or liability occasioned to
the Owners Corporation by any error of judgement or oversight on his
part or for any loss, damage or misfortune whatever which shall happen
during the course of the execution of the duties of his office or in
relation thereto AND shall be further indemnified in similar manner
against any liability incurred by him in defending any proceedings,
whether criminal or civil, in respect of any such act, receipt, neglect,
default, error or oversight.
Clause 23 Licences
The Executive Committee may at its discretion and for and on behalf
of the Owners Corporation, grant a licence to a person or persons to
use and/or occupy, on a temporary basis, part of the improvements erected
upon the common property (excepting any improvements already leased)
upon such terms as it considers fit PROVIDED THAT-
a) the Executive Committee shall not grant a licence to any person or
persons unless it has first formed the view that the grant is either
in the interest of the Owner’s Corporation or is likely to benefit
the Owner’s Corporation and;
b) the licensee must not increase any insurance risk to the Owners Corporation
c) the licensee shall not use the premises for domestic purposes and;
d) running and maintenance costs shall be paid at least weekly and in
e) a licence shall be terminated upon a decision made in a General Meeting
f) a license shall be issued for no longer than 6 months;
g) A bond shall be payable equivalent to 8 weeks of running and maintenance
h) any such license shall not be interpreted or presented by any party
as a substitute for or a circumvention of the legal requirements for
the granting of a) a lease, b) special privilege, c) exclusive use of,
d) a delegation of management powers for any of the above mentioned
Clause 24 Existing Cemetery
(a) The graves existing on the common property as at the date of the
addition of this by-law located in the area of the common property known
as “Billen Cemetery”, the “Cemetery” or such
other name (hereinafter called “the Cemetery”) be preserved
and maintained by the owners corporation.
(b) Further burials after the addition of this by-law, that would increase
the number of burial plots or take the total number of burial plots
at the Cemetery to ten (10), are only to occur where Lismore City Council
(or such other relevant consent authority) has confirmed there is no
application necessary to be lodged, assessed and approved and approval
already exists for burial plots to be located at the Cemetery up to
a maximum of ten (10).
Clause 25 The owners corporation is authorised
(a) submit a development application to Lismore City Council applying
for approval for burial plots up to a maximum of one hundred (100) on
the common property and as surveyed and shown on the attached plan marked
“A” (hereinafter called “the Application”);
(b) add to common property, alter it and/or erect new structures on
the common property as may be required for the purpose of developing,
preserving and maintaining the additional burial plots at the Cemetery
at the cost and expense of the owners corporation, if the Application
is approved; and
(c) submit with the Application, or as a separate application, a proposal
for access in the form of an access road and to obtain quotations to
upgrade and maintain such access; and
(d) to engage surveyors and other consultants as may be necessary to
proceed with the Application.
Clause 26 Exclusive Use By-Law
1. The owners of Lot 98 are granted exclusive use of that part of the
common property presently occupied by a building otherwise situated
on lot 98.
2. The owners of Lot 98 are responsible for the maintenance, upkeep
and insurance of that part of the common property to which the exclusive
3. The owners of Lot 98 are to pay the costs of registration of this
CLAUSE 27 Route to Billen Cliffs Private Cemetery
(a) No owner or occupier of a lot may object to or interfere with the
passage along the route shown and marked on attachment “B”
to these by-laws (ROUTE), of any friends or relatives of any person
buried at the Billen Cliffs Private Cemetery (FRIENDS).
(b) The owners corporation grants a licence to Friends to pass and repass
along the Route, with or without vehicles to gain access to the Billen
Cliffs Private Cemetery.
CLAUSE 28 Peace Forum Election
At every Annual General Meeting the Owners Corporation will elect sixpeople
either unit holders and/or residents to constitute the Peace Forum;
the nominated Peace Forum persons will have their names recorded in
the AGM minutes. The Peace Forum will operate independently from the
Executive Committee and none of its Members will hold a position as
EC. The EC may refer appropriate cases requiring dispute resolution
to nominated and independent Peace Forum persons. Nominated Peace Forum
persons will be responsible for facilitating the process of internal
conflict resolution using the principles of dispute resolution a set
out in the approved policy.
CLAUSE 29 Coal Seam Gas
No coal seam gas production activities, including the exploration, drilling,
mining and other activities associated with coal seam gas production
are to be permitted on any Unit or the common property of Billen Cliffs
CLAUSE 30 Residential and Postal Address
All unit holders are required to provide the Secretary of the Owner’s
Corporation with both a residential address and a postal address within
Australia. Furthermore, unit holders are required to notify the Secretary
of the Owner’s Corporation within 30 days of any change in residential
or postal address.