City of Brisbane Acts Amendment Act of 1952 (1 Eliz Ii No. 52) (Qld)

II. LOCAL, PERSONAL, AND PRIVATE ACTS OE THE PARLIAMENT OF QUEENSLAND. 1° ELIZ. II. BRISBANE. (1) City of Brisbane Acts Amendment Act of 1952 .. 1 Eliz. II. No. 52 (2) City of Brisbane (Flood Mitigation Works Approval) Act of 1952 .. . . .. 1 Eliz. II. No. 29 1 N E o l . iz 5 . 2I. I. An Act to Amend “ The City of Brisbane Acts, 1924 T he C ity of B risbane A cts to 1951,” in certain particulars; and for A mendment A ct of other purposes. 1952. [A ssented to 18 th D ecember , 1952.] E it enacted by the Queen’s Most Excellent Majesty, B 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 and con­ struction. Collective title. 1. This Act may be cited as “ The City of Brisbane Acts Amendment Act of 1952,” and shall be read as one with *“ The City of Brisbane Acts, 1924 to 1951,” herein referred to as the Principal Act. The Principal Act and this Act may be cited collectively as “ The City of Brisbane Acts, 1924 to 1952.” Amendment 2. The following words are added to section two of s. 2. of the Principal Act:— “ P art III.—C ity of . B risbane P lanning S cheme .” New head note and s. 56. Proposed Town Planning Scheme. 3. The following head-note and section are added to the Principal Act:— “ P art III.—C ity of B risbane P lanning S cheme . [56.] (1.) The draft ordinance and the several plans thereto which the Council, by resolution passed at a meeting of the said Council held on the twenty-fifth day of November, one thousand nine hundred and fifty-two, decided to lay open for inspection shall, for * 15 G. 5 No. 32 and amending Acts.

BRISBANE. 457 1 E liz . II. No. 52, 1952. City of Brisbane Acts Amendment Act. the purposes of this Part of this Act and for the purposes of ordinance twenty-nine of Part I. of Chapter VIII, of the ordinances, be the Proposed Town Planning Scheme for the City (and is hereinafter referred to as “ the Proposed Planning Scheme ”). (2.) All acts of the Council in connection with the Ratification, preparation and making of the Proposed Planning Scheme and all acts relative and preliminary to the resolution referred to in subsection one of this section are hereby authorised, approved, and ratified.” 4. The following sections are added to the Principal New ss. 57 , Act after section fifty-six as previously added thereto 59> 60> by this Act— ‘ “ [57.] (1.) The Council shall— Objectionsto (i.) Keep the Proposed Planning Scheme and all pjn.,^£g08ed plans connected therewith at the office ofScheme- the Council open to inspection within the meaning of *“ The Local Government Acts, 1936 to 1951,” for a period of ninety days commencing on the day next following the date upon which f“The City of Brisbane Acts Amendment Act of 1952 ” comes into operation and for such longer period, if any, as the Governor in Council, by Order in Council published in the Gazette before the expiration of the ninety days aforesaid, may fix (the Governor in Council being hereby authorised to fix a longer period if and as he deems fit); (ii.) Forthwith upon the coming into operation of f“ The City of Brisbane Acts Amendment Act of 1952,” by advertisement published at least once in at least one newspaper printed and circulating in the City give public notice that the Proposed Planning Scheme is open to inspection as aforesaid and that objections thereto may be lodged in pursuance of the provisions of subsection two of this section ; (iii.) Where the Proposed Planning Scheme affects any Department or Sub-Department of the Government of this State or any corporation or instrumentality of or representing the * 1 G. 6 No. 1 and amending Acts, t This Act.

458 BRISBANE. City of Brisbane Acts Amendment Act. 1 E liz . II. No. 52, Crown in right of this State, forthwith upon the coming into operation of *“ The City of Brisbane Acts Amendment Act of 1952,” lodge with the Minister of the Crown for the time being administering or concerned in that Department, Sub-Department, corporation, or, as the case may be, instrumentality a copy of so much of the Proposed Planning Scheme as affects such Department, Sub-Department, corporation, or instrumentality. (2.) During the period that pursuant to this section the Proposed Planning Scheme is open to inspection any person may lodge at the office of the Council an objection to the Proposed Planning Scheme or to any part thereof. Every such objection shall be in writing addressed to the Town Clerk and shall state the nature of the objection and the facts and circumstances on which the objector relies to support his objection. (3.) Forthwith upon the expiration of the period that pursuant to this section the Proposed Planning Scheme is open to inspection the Council shall consider all objections thereto lodged pursuant to this section and shall then forward to the Minister the Proposed Planning Scheme together with all such objections and its representations thereon for the consideration of the Governor in Council. (4.) The Governor in Council shall have full power and authority to determine in such manner as he deems fit all objections lodged pursuant to this section to the Proposed Planning Scheme, including power to refer all or any objections to any one or more persons for the purpose of his or their inquiring into and investigating the same and furnishing to him a report thereon. In every such case the determination of the Governor in Council shall be final. Power of (5.) The Governor in Council may require the CGoouvnercnilotroin Council to make such amendments, alterations, additions require to, and modifications of the Proposed Planning Scheme mamenentsd, ­ &c. or any of these, as he may deem fit, whereupon the Council shall comply with every such requirement in every respect. * This Act.

BKISBANE. 459 1952. City of Brisbane Acts Amendment Act. , (6.) Upon complying with every requirement of Council to the Governor in Council under subsection five of this “finance section (or, if no amendment, alteration, addition to, or embodying modification of the Scheme is so required, whenScheme- authorised so to do by the Governor in Council) the Council shall forthwith make an ordinance embodying the Scheme (and if amended, altered, added to, or modified as so amended, altered, added to, or modified) and submit that ordinance for the approval of the Governor in Council, and, if so approved, the provisions of subsections three and four of section thirty-eight of this Act shall apply with respect to the publication, and the laying before the Legislative Assembly, of such ordinance. (7.) Notwithstanding anything to the contrary Effect of contained in any other enactment, the Scheme embodied approval, in the ordinance as aforesaid, upon its approval by the Governor in Council, shall, without further or other authority, be the Planning Scheme for the City and shall not be subsequently amended, altered, added to, or modified otherwise than pursuant to this Part of this Act. Such Scheme (and if subsequently amended, altered, added to, or modified pursuant to this Part of this Act, as so amended, altered, added to, or modified) shall be called the “ City of Brisbane Planning Scheme ” and shall have the force of law and be obeyed by the Council and all persons (including the Crown and all statutory authorities) concerned, and its legality shall not be questioned in any proceedings in any court whatsoever. The City of Brisbane Planning Scheme shall be deemed to commence on the date of its publication in the Gazette after its approval by the Governor in Council. [55.] (1.) The City of Brisbane Planning Scheme Amendment shall not be amended, altered, added to, or modified °frP^Jn°f- otherwise than in pursuance of this section. Planning {2.) Whenever the Council is of the opinion thatScheme- it is necessary or desirable to amend, alter, add to, or modify the City of Brisbane Planning Scheme the Council shall— (i.) Keep the proposed amendment, alteration, addition, or modification and all plans, if any, connected therewith at the office of the Council open to inspection within the meaning of *“ The Local Government Acts, 1936 to 1951,” for a period of at least ninety days ; * 1 G. 6 No. 1 and amending Acts.

460 BRISBANE. City of Brisbane Acts Amendment Act. 1 E liz . II. No. 52, (ii.) Before the commencement of the period as aforesaid by advertisement published at least once in at least one newspaper printed and circulating in the City give public notice that the proposed amendment, alteration, addition, or modification is open to inspection as aforesaid and that objections thereto may be lodged in pursuance of the provisions of subsection three of this section ; (iii.) Where the proposed amendment, alteration, addition, or modification affects any Department or Sub-Department of the Government of this State or any corporation or instrumentality of or representing the Crown in right of this State, before or forthwith upon the commencement of the period as aforesaid lodge with the Minister of the Crown for the time being administering or concerned in that Department, Sub­ Department, corporation, or, as the case may be, instrumentality, a copy of so much of the proposed amendment, alteration, addition, or, as the case may be, modification as affects such Department, Sub-Department, corporation, or instrumentality. (3.) During the period that the proposed amendment* alteration, addition, or modification is open to inspection any person may lodge at the office of the Council an objection thereto or to any part thereof. Every such objection shall be in writing addressed to the Town Clerk and shall state the nature of the objection, and the facts and circumstances on which the objector relies to support his objection. (4.) Forthwith upon the expiration of the period that the proposed amendment, alteration, addition, or modification is open to inspection the Council shall consider all objections thereto lodged pursuant to this section and forward to the Minister the proposed amendment, alteration, addition, or as the case may be, modification, together with all such objections and its representations thereon for the consideration of the Governor in Council.

1952. BRISBANE. City of Brisbane Acts Amendment Act. 461 (5.) The Governor in Council shall have full power and authority to determine in such manner as he deems fit all objections lodged pursuant to this section to the proposed amendment, alteration, addition, or, as the case may be, modification, including power to refer all or any objections to any one or more persons for the purpose of his or their inquiring into and investigating the same and furnishing to him a report thereon. In every such case the determination of the Governor in Council shall be final. (6.) The Governor in Council may require the Council to make such amendments, alterations, additions to, and modifications of the proposed amendment, alteration, addition to, or, as the case may be, modification of the City of Brisbane Planning Scheme, or any of these, as he may deem fit, whereupon the Council shall make such amendments, alterations, additions, or modifications accordingly. (7.) Upon complying with every requirement of the Governor in Council under subsection six of this section (or, if no amendment, alteration, addition to, or modification is so required, when authorised so to do by the Governor in Council) the Council shall forthwith make an ordinance embodying the amendment, alteration, addition to, or modification of the City of Brisbane Planning Scheme and submit that ordinance for the approval of the Governor in Council, and, if so approved, the provisions of subsections three and four of section thirty-eight of this Act shall apply with respect to the publication, and the laying before the Legislative Assembly, of such ordinance. The City of Brisbane Planning Scheme shall be deemed to be amended, altered, added to, or, as the case may be, modified by the said ordinance on the date of the publication of that ordinance in the Gazette after its approval by the Governor in Council. [59 .] (I.) The Council is hereby empowered and Council authorised to execute and enforce the City of Brisbane ^execute Planning Scheme and in addition to any powers conferred city of upon it by any Act, shall have all such powers and pw.r.lng authorities as may be prescribed to enable it to give Scheme- full effect to the Scheme.

462 BKISBANE. City of Brisbane Acts Amendment Act. 1 E liz . II. No. 52, Moreover it shall be the duty of the Council to observe and enforce the observance of the requirements of the City of Brisbane Planning Scheme in respect of all new works within the City, whether by the Council or by any other person, and save with the consent of the Governor in Council the Council shall not on or after the commencement of that Scheme undertake or permit any alteration or modification of any works existing on its commencement if such alteration or modification would tend to prevent or delay their being brought into conformity with the tenor of the Scheme. Appeals by- (2.) (a) Any person who is dissatisfied with the pdeisrssaotnissf. ied requirements or decisions of the Council acting under the powers conferred by the City of Brisbane Planning Scheme may within thirty days of being notified thereof by the Council appeal to the Minister in accordance with the provisions of this subsection. Every such appeal shall be in writing addressed to the Minister and shall state the nature of the appeal and the facts and circumstances on which the appellant relies to support his appeal. (6) The Minister shall have full power and authority to determine any such appeal having regard to this Act, the City of Brisbane Planning Scheme, the facts and circumstances of the case, and the public interest or he may appoint any person or persons to act on his behalf and such person or persons shall thereupon have power and authority as aforesaid. (c) For the purposes of any such appeal the Minister or such person or persons appointed by him shall have all the powers, authorities, jurisdiction, and protection of a Commission under *“ The Commissions of Inquiry Act of 1950,” and the provisions of that Act, with all necessary adaptations thereof, shall apply with respect to the appeal accordingly. (d) The decision of the Minister or such person or persons appointed by him as aforesaid upon any such appeal shall have the force of law and shall be final, and shall be binding on the Council and the appellant, and for the purposes of this Act shall be deemed to be the final decision of the Council. * 15 G. 6 No. 2.

BRISBANE. 463 1952. City of Brisbane Acts Amendment Act. The costs of any such appeal shall be in the discretion of the Minister or such person or persons appointed by him as aforesaid. \60 .1 The Council may for any purpose of the City rower to of Brisbane Planning Scheme acquire or take any landta^e lan(L comprised in the Scheme which in its opinion is required by it for the purposes of the Scheme (whether such land is required immediately or not), including any land which is being used for a purpose inconsistent with the Scheme. The provisions of *uThe City of Brisbane Improvement Act of 1916 ” shall apply with respect to the taking of land under this section : Provided that with respect to the taking of any such land no compensation shall be payable by the Council to any person, including any body corporate or unincorporate, for any disturbance or loss of goodwill or profits in respect of any shop, trade, business, industry, manufacture, or place of amusement established or commenced upon such land subsequent to the date of the coming into operation of f “The City of Brisbane Acts Amendment Act of 1952,” without the prior approval of the Council to such establishment or commencement having been obtained. [61.] Notwithstanding anything to the contrary ^mance in this Act, an ordinance made pursuant to this Part ofpart may this Act may prescribe a penalty not exceeding oneP™3”1^® hundred pounds for any breach thereof: Provided that different maximum penalties may be prescribed for breaches of different provisions thereof.” 5. (1-) The provisions of section thirty-three of s-33 of J“ The Local Government Acts, 1936 to 1951,” shall cease No.Tnot* to have application with respect to Brisbane City Council gri®£Pj^to and the City of Brisbane constituted under §“ The City city council. of Brisbane Acts, 1924 to 1951.” (2.) Subsection twelve of section thirty-three of RePeiR of t“ The Local Government Acts, 1936 to 1951,” is repealed, of i Geo. vi. ________________________________ * 7 G. 5 No. 24. f This Act. • } 1 G. 6 No. 1 and amending Acts. § 15 G. 5 No. 32 and amending Acts.