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2.3.3 Community Facilities

Sources: Lake Bennett (Land Title) Act 2005 (Schedules 3–5); Articles of Corporation — Units Plan 97/026.

Overview

Community and shared facilities at Lake Bennett fall into three legal / ownership settings:

  • Common property on created section 1252 (body corporate / units plan)
  • Lake and foreshore (created sections 1254 and 1255) used for recreation under registered easements
  • Resort / tourist land (created section 1253) with its own permitted uses under Schedule 5, clause 13

Public Spaces and Recreation

Common Property (Section 1252)

  • Benefited owners may enter and use the shaded common property easement area for recreational purposes consistent with quiet enjoyment by others (Act Schedule 3, clause 1).
  • Recreational rights exclude areas containing service infrastructure and the area needed to maintain it.
  • Proprietors must not deposit rubbish on common property, obstruct lawful use, park vehicles/boats without written consent, or damage gardens/plants (Articles 9).
  • Invitees must not interfere with peaceful enjoyment of other proprietors or lawful users of common property or the lake (Articles 9.5).

Lake and Foreshore (Sections 1254 and 1255)

  • Use is limited to recreational purposes that do not detrimentally affect amenity of adjoining land through noise or disturbance (Schedule 5, clause 14).
  • Further development (including caravans or camping) is not permitted other than a complying pontoon (or as allowed under Act s 23).
  • Houseboats are not permitted on the lake (Schedule 5, clause 14(3)).
  • Benefited owners may leave a boat on the lake, and (where land adjoins Chinner Road or section 1255) may leave one pontoon/ramp subject to foreshore owner approval, Planning Scheme limits, vegetation clearance within 3 m of the pontoon, and public liability insurance (Act Schedule 4).

Pontoons (community water access)

  • Maximum size: 4 m × 8 m, ramp not exceeding 20 m; highest point of pontoon no more than 600 mm above water; ramp permanently fixed above high water mark (Schedule 5, clause 22).
  • Building permits for complying pontoons have special consent rules under Act s 22.

Special Purpose Areas

Resort / Tourist Facilities (Section 1253)

With consent, section 1253 may be developed for business sign, caravan park, hostel, hotel, motel, multiple dwellings, promotion sign, restaurant or shop (Schedule 5, clause 13), subject to lake-protection conditions (100 m waste setback, livestock rules).

Estate / Body Corporate Facilities

  • Fire extinguishers must be kept fully charged and fitted near the kitchen area of each unit (Articles 8).
  • Corporation-approved improvements may include shared landscaping and access paths; fences/screens must be mass planting only (Articles 5.2.7).

Emergency and Maintenance Access

Usage Guidelines (summary)

Activity Rule
Common property recreation Allowed if consistent with quiet enjoyment; not over service infrastructure
Lake recreation Allowed under easement; no houseboats; no amenity-damaging noise/disturbance
Parking on common property Corporation written consent required
Rubbish on common property Prohibited
Pontoon One per eligible owner; size/mooring/insurance rules apply

Version Control

Version Date Description
1.0 2025-10-06 Initial Release
1.1 2026-08-11 Content from Act Schedules 3–5 and Articles

Next Review Date: 2027-02-11