Canals Act Amendment Act of 1959 (8 Eliz Ii No. 76) (Qld)

566 (©ueeitslanb ANNO OCTAVO ELIZABETHAN SECUNDAE REGINAE. No. 76. An Act to Amend "The Canals Act of 1958/' in certain particulars. [A ssented to 23 rd D ecember , 1959.] B E it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— Short title. Principal Act. Collective title. 1. (1.) This Act may be cited as “ The Canals Act Amendment Act of 1959.” (2.) “ The Canals Act of 1958 ” is in this Act referred to as the Principal Act. ‘ (3.) The Principal Act and this Act may be collectively cited as “ The Canals Acts, 1958 to 1959.”

8 Ei.iz. II. No. 76, 1959. CanalsAct Amendment Act. 567 2. The Principal Act is amended by inserting, New s. 13 a after section thirteen, the following section :— ' “ [15 a .] (1.) Subject to this section, any canal provided in respect of the subdivisions of land within Estate and the Area of the City of Gold Coast called respectively p]^fae Palm Gardens Estate and Anglers’ Paradise Estate Estate, shall be an “ existing canal ” for the purposes of the provisions of section thirteen, as applied with modifications by this section, and section fourteen of this Act. (2.) For the purposes of applying the provisions of section thirteen of this Act as prescribed by this section, that section shall be read and construed as if— (a) The words “ passing of “ The Canals Act Amendment Act of 1959,” ” were substituted for the words “ passing of this Act ”, wherever those words occur; ( b ) The words “ City of Gold Coast ” were substituted for the words “ Shire of Albert ” wherever those words occur ; and (c) The words “ in respect whereof permissions for the purposes of section fifty-nine of “ The Harbour Acts, 1955 to 1956,” were applied for and granted prior to the passing of this Act ” were omitted from the first paragraph of subsection one.” 3. The following section is added to the Principal New s. 20 Act:— a e' “ [20.1 (!•) In this section “ town planning scheme ” means a town planning scheme made by any Local planning Authority for the whole or part of its Area and finally SaT approved by the Governor in Council by Order in Council for and notification whereof has been published in the Gazette pursuant to the provisions of “ The Local Government Acts, 1936 to 1959.”

568 Canals Act Amendment Act. 8 E liz . II. No. 76, (2.) Where with respect to the subdivision of any land a town planning scheme requires that such land, if subdivided, shall be subdivided with the provision of a canal or system of canals, any owner of any parcel of such land who satisfies the Local Authority— (а) That he desires and has the finance available to subdivide, with provision for part of such canal or system of canals, such parcel in accordance with the requirements of this Act, such town planning scheme, and the Local Authority ; and (б) That he cannot so provide until the owner of some other parcel of land provides in respect of such parcel a part of such canal or system of canals, the Local Authority may, if it deems desirable in the public interest, serve upon the owner of such other parcel the notice prescribed by subsection three of this section. (3.) The notice referred to in subsection two of this section shall inform any owner upon whom it is served that the Local Authority is satisfied as prescribed by subsection two of this section (specifying the parcel of land and owner thereof as respects which and whom it is so satisfied) and shall call upon the owner upon whom it is served to show cause why such Local Authority should not, in the public interest, resume the whole or any part of the land comprised in the parcel thereof owned by him for the purpose of enabling the Local Authority to subdivide and develop such land in accordance with the requirements of this Act and the town planning scheme. For that purpose the Local Authority shall specify in the notice a day and time (not earlier than sixty days after the service of the notice) and place when and where such owner may appear before it and show cause as aforesaid.

1959. CanalsAct Amendment Act. Such owner may, in lieu of appearing before the Local Authority, elect to so show cause in writing and may do so by serving the writing upon the Local Authority on or before the day and time notified to him as aforesaid. (4.) If any owner of any land fails to answer any notice served upon him under subsection three of this section or, in answer to such notice, fails to satisfy the Local Authority as required thereby, the Local Authority may resolve that it will take such land under, subject to and in accordance with the provisions of “ The Public Works Land Resumption Acts, 1906 to 1955.” (5.) The Local Authority shall serve upon the owner concerned notice of any decision referred to in subsection four of this section. Such owner may appeal to the Minister for the time being administering “ The Local Government Acts, 1936 to 1959,” against such decision within forty days, or such further time as such Minister may allow, after the service upon him of notice of the decision. Such Minister, or some person appointed by him in that behalf, shall hear and determine the appeal having regard to this Act, the town planning scheme, the circumstances of the case and the public interest, and for such purpose shall have the same powers, authorities and protection as a Commission under “ The Commissions of Inquiry Acts, 1950 to 1954,” save the provisions thereof which are thereby expressed to be limited in their application to a Judge of the Supreme Court. The decision of such Minister or person appointed by him as aforesaid upon any such appeal shall be final and shall be binding upon the Local Authority and all persons concerned. i. i The costs of such appeal shall be in the discretion of such Minister or person appointed by him as aforesaid. 569

570 Canals Act Amendment Act. 8 E liz . II. No. 76, (6.) If any owner of any land does not appeal against a decision of the Local Authority under subsection four of this section or if, having appealed, the appeal is determined in favour of the Local Authority, then the Local Authority may take such land under, subject to and in accordance with the provisions of “ The Public Works Land Resumption Acts, 1908 to 1955.” (7.) In the assessment of compensation in respect of any land taken by the Local Authority pursuant to this section, regard shall not be had to any profits potentially derivable from the land when sub-divided and developed in accordance with the provisions of this Act and the town planning scheme, and accordingly no compensation shall be made to the claimant in respect of the loss of such potential profits. (8.) Upon application by the Local Authority, the Registrar of Titles or other authority charged with registering the instrument of title to land the subject of a notice referred to in subsection two of this section, shall enter a memorandum of such notice upon the instrument of title to such land and thereupon such notice and any notice served under subsection five of this section shall be deemed to have been served upon any owner for the time being of such land who shall be bound thereby accordingly. (9.) The Local Authority shall as a function of local government have power and authority to subdivide, with the provision of part of any canal or system of canals, and develop in accordance with the provisions of this Act and the town planning scheme any land taken by it pursuant to this section and may sell the whole or any part of the land so subdivided and developed. Any such sale may be made by the calling of public tenders under, subject to and in accordance with the provisions of “ The Local Government Acts, 1936 to 1959,” or by public auction.

1959. CanalsAct Amendment Act. The Local Authority may place a reserve price upon any such land, and may refuse to accept any tender or pass in the same from sale at auction in the event of the reserve price or a sum in excess thereof not being tendered or bid. Thereafter the Local Authority may sell or agree to sell any such land by private treaty but any such sale or agreement shall not have legal force or effect unless and until the sale price and terms and conditions, if any, of the transaction have been agreed to by the Local Authority by resolution.” 571