Local Law 17 Obligations for Gold Coast Waterfront

Local Law 17 in the Gold Coast City Council area imposes specific obligations on Sellers of waterfront properties or those with certain structures like revetment walls, jetties, or pontoons. If your property falls within these categories, you must ensure that the Contract includes required disclosures before a Buyer becomes bound. This law aims to inform Buyers of their ongoing maintenance responsibilities related to these structures. While failing to include the necessary disclosures doesn’t give Buyers the right to terminate the Contract, it could result in fines for the Seller. It’s crucial for Buyers to conduct thorough due diligence, including consulting with the Gold Coast City Council or professionals, to understand any potential maintenance obligations and associated costs.

What are the disclosure requirements for Sellers under Local Law 17 in the Gold Coast City Council area?

Under Local Law 17 Sellers of property in the Gold Coast City Council local government area that:

1. has a revetment wall, training wall, jetty or pontoon (“specified prescribed works”) located completely or partially on the Property; or
2. is waterfront land (land adjacent to a waterway area) or is land connected or near to a waterway and which has the benefit of one of these specified prescribed works;

must ensure that prior to a Buyer becoming bound the Contract contains a clause making required disclosures.

What is the definition of a waterway under Local Law 17?

A waterway is a very broad definition and can include tidal and non-tidal waterways, lakes, artificial waterways, coastal wetlands and some stormwater drains and channels.

How broadly does Local Law 17 apply to properties and structures?

The application of Local Law 17 is extremely wide. For example, it may apply to a pontoon which benefits the Property and that is located on the other side of a road or park. The purpose of the law is to ensure that buyers are made aware of their obligations in relation to the future maintenance of the prescribed works.

What if Local Law 17 disclosures are missing?

Failure to include a clause in the Contract making the required disclosures does not provide a buyer with any termination right in relation to the Contract (although it may expose the Seller to a fine).

What are the maintenance obligations under Local Law 17 for Buyers?

Local Law 17 imposes maintenance obligations on certain prescribed works regardless of whether they are disclosed to a buyer. Buyers should make their own enquiries of Gold Coast City Council or engage an engineer or building inspector to advise on whether the Property may have works relevant to Local Law 17 and any maintenance obligations. Buyers should consider the potential on-going cost of complying with any maintenance obligations.

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