City of Brisbane (Town Plan) Act of 1959 (8 Eliz Ii No. 18) (Qld)

II. LOCAL, PEESONAL, AND PEIYATE ACTS OF THE PAELIAMENT OF QUEENSLAND. 7° AND 8° ELIZ. II. BRISBANE. (1) City of Brisbane (Town Plan) Act of 1959 8 Eliz. II. No. 18 (2) City of Brisbane (Water Supply) Act of 1959 8 Eliz. II. No. 29 An Act relating to a Town Plan for the pity of 8!£Izi8n Brisbane, and for other purposes. JS j SK b J A ct of 1959. [A ssented to 10 th A pril , 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:— 1. (1.) This Act may be cited as “ The City of short title. Brisbane (Tenon Plan) Act of 1959.” (2.) This Act shall be read as one with *“ The interprets- City of Brisbane Acts, 1924 to 1958.” tlon' f(3.) This Act shall come into operation on a Commence- date to be fixed by the Governor in Council bymen ° c Order in Council published in the Gazette. 2. (1.) *“ The City of Brisbane Acts, 1924 to 1958,” Amendments *i i Ox J O vj 0O# are amended — v. No. 32. (a) By repealing in section two thereof the words and numerals “P art III.—C ity of B risbane P lanning S cheme ”; * 15 G. 5 No. 32 and amending Acts. t Commenced 15 Oct., 1959. (Proc. pubd. Gaz. 17 Oct., 1959, p. 1007).

800 BRISBANE. City of Brisbane (Town Plan) Act. 8 E liz . II. No. 18, Collective title. ( b) By repealing the headnote appearing immediately before section fifty-six thereof; and (c) By repealing sections fifty-six to sixty-one, both inclusive, thereof. ( 2 .) *“The City of Brisbane Acts, 1924 to 1958,” and this section may be collectively cited as “ The City of Brisbane Acts, 1924 to 1959.” Greater 3. (1.) There shall be established in accordance TBoriwsbnane with this Act a committee to be called “ The Greater Planning Brisbane Town Planning Committee ” (herein referred to Committee. as “ the Committee ”). ( 2 .) The Committee shall consist of— (а) A chairman; ( б ) A deputy chairman; and (c) Three other members, each of whom shall, subject to subsection three of this section, be appointed by the Governor in Council. (3.) The chairman, deputy chairman and one other member shall be appointed respectively on the nomination of Brisbane City Council. One member, who shall be a person experienced in matters pertaining to town planning, shall be appointed on the recommendation of the Senate of the University of Queensland. One member shall be appointed on the recommendation of the Minister for Local Government. (4.) Any nomination for appointment and appointment as chairman, deputy chairman or other member of the Committee on the nomination of Brisbane City Council may be made by the nomination and appointment to be such chairman, deputy chairman or other member of the holder for the time being of an office under Brisbane City Council, specifying the office but without naming the holder; and in every such case each successive holder of the office in question and each person who for the time being occupies, or performs the duties 15 G. 5 No. 32 and amending Acts.

BRISBANE. 1959. City of Brisbane (Town Plan) Act. of, that office shall without further appointment or other authority and while he holds or occupies or performs the duties of that office, be a member of the Committee in terms of such appointment. (5.) Appointments of the chairman, deputy chairman and other members of the Committee shall be notified in the Gazette. 801 4. The Governor in Council may appoint a^3jj)rs person to act temporarily as chairman, deputymem ’ chairman or other member of the Committee during any absence from duty of the holder of, or vacancy in, the office in question. Such an appointment shall be notified in the Gazette. 5. (1.) Three members, one of whom shall be Meetings of the chairman or deputy chairman, shall be a quorum committee, at any meeting of the committee. ( 2 .) Meetings of the Committee shall be held at such times and places as the Committee from time to time determines. (3.) The chairman, or in his absence the deputy chairman, shall preside at a meeting of the Committee. | (4.) Subject to this section procedure, voting, order of business and other matters connected with meetings of the Committee shall be as determined from time to time by it. 6 . (1.) The function of the Committee is to functions, prepare a Town Plan for the City of Brisbane (herein committee, referred to as “ the Plan ”). ( 2 .) For carrying out that function the Committee shall— (a) Determine the personnel and qualifications of the staff necessary to prepare the Plan and recommend to the Council the appointment of that staff; b !

802 BRISBANE. City of Brisbane (Town Plan) Act. 8 E liz . II. No. 18, ( b ) Cause to be carried out such civic survey, inquiries and investigations as it deems necessary for or in connection with the preparation of the Plan; (c) Consult with such persons and associations of persons as it deems capable of informing it concerning matters pertaining to the preparation of the Plan; and ( d) Have regard to representations, if any, made to it by any person or association of persons concerning matters pertaining to the preparation of the Plan. (3.) Forthwith upon completing the preparation of the Plan the Committee shall— (a) Submit the Plan to the Council; and (b) Furnish to the Council with the Plan a full report thereon. Duty of the 7. (1.) Forthwith upon receiving the Plan and re°eipt 1 of>on report of the Committee thereon the Council shall the Plan. open and, for a period of at least ninety days, keep open to inspection at the office of the Council the Plan and that report (or true copies thereof respectively). ( 2 .) Before the commencement of the aforesaid period the Council shall, by advertisement published at least once in at least one newspaper printed and circulating in the City, give public notice that the Plan and aforementioned report (or true copies thereof respectively) are open to inspection as aforesaid and that objections thereto may be lodged in pursuance of the provisions of this Act. Objections. 8 . (1.) During the period that the Plan and report of the Committeethereon (or true copies thereof respectively) are open to inspection any person may lodge at the office of the Council any objection to the Plan. (2.) Every such objection shall be in writing, be addressed to the Town Clerk, and shall state the grounds of objection and the facts and circumstances relied on by the objector in support of those grounds.

BKISBANE. 803 1959. City of Brisbane (Town Plan) Act. (3.) Forthwith upon the expiration of the period during which the Plan and report of the Committee thereon (or true copies thereof respectively) are open to inspection the Council shall refer any and every objection to the Plan duly lodged at its office to the Committee. The Committee, as soon as may be, shall consider any and every such objection so referred to it and shall report thereon to the Council. 9. (1.) As soon as may be after the Council Submission receives the Committee’s report upon objections to the 1611 the Plan, the Council shall submit to the Minister Governor in for consideration by the Governor in Council— Council. (а) The Plan; ( б ) The report by the Committee on the Plan; (c) Any and every objection to the Plan duly lodged at the office of the Council; (d) The report by the Committee upon such objections; and (e) Such representations pertaining to any of the things specified in paragraphs (a), ( 6 ), (c) and ( d ) of this subsection as the Council deems fit. ( 2 .) The Governor in Council shall consider the Plan and the things pertaining thereto submitted to him pursuant to subsection one of this section. The Governor in Council may approve the Plan either as submitted to him or with and subject to such amendments, alterations, additions, or modifications otherwise howsoever as he deems fit. (3.) A notification that the Governor in Council has approved of the Plan shall be published in the Gazette. (4.) Upon the publication of such notification the Plan as approved by the Governor in Council shall become and be the Town Plan for the City of Brisbane and thereupon and thereafter shall have the force of law and be binding upon and obeyed by the Crown, Brisbane City Council and all persons whomsoever.

804 BRISBANE. City of Brisbane (Town Plan ) Act. 8 E liz . II. No. 18, Further 10. The Council shall have power, upon the d°tie£s 0 fnd recommendation of the Committee— Council. («) To appoint a secretary to the Committee and the staff necessary to prepare the Plan ; and (b) To enter into such contracts and other arrangements as it deems necessary or expedient to carry out the civic survey and any inquiry or investigation pertaining to the preparation of the Plan. Finance. 11 . The Council shall pay from the City Fund all expenditure incurred by it or the Committee for the purposes of this Act. interim ment°P" 12. ( 1 .) The power of the Council to make ordinances shall include power to make all such ordinances as are necessary or convenient to provide for, regulate and control the development and use of land in the City of Brisbane or in any part thereof during the period on and from the date of the coming into operation of this Act and thereafter until the Plan (being approved by the Governor in Council) shall become and be the Town Plan for the City of Brisbane and have the force of law. ( 2 .) Any such ordinance may be limited in its application to the development and use of land for the purpose or purposes prescribed by that ordinance, or to the development and use of land for any and every purpose save the purpose or purposes prescribed by that ordinance. (3.) The power to regulate and control shall include power to prevent and prohibit. (4.) Any ordinance may be made pursuant to this section at any time after the passing of this Act. Appeals. 13. (1.) Any person who is dissatisfied with any requirement or decision of the Council or its delegate under any ordinance made pursuant to section twelve of this Act may, within thirty days of being notified thereof by the Council, appeal to the Minister.

BRISBANE. 1959. City of Brisbane (Town Plan) Act. (2.) Every such appeal shall be in writing, and shall state the grounds of the appeal and the facts and circumstances relied on by the applicant in support of those grounds. (3.) The Minister, or a person or persons thereunto appointed by him, shall have full power and authority to hear and determine any such appeal having regard to the applicable ordinance, the facts and circumstances of the case, and public interest. (4.) For the purpose of hearing and determining any such appeal the Minister, or person or persons thereunto appointed by him, shall be a Commission under and within the meaning of *“ The Commissions of Inquiry Acts, 1950 to 1954,” and all of the provisions of those Acts, save the provisions! thereof relating to a Judge of the Supreme Court, shall apply and extend accordingly. (5.) The decision of the Minister, or of the person or persons appointed by him as hereinbefore Specified in this section, upon any appeal under this section shall be final and conclusive, and shall be deemed to be the decision in the matter of the Counpil, and shall have force and effect accordingly. | ( 6 .) The Minister or the person or persons appointed by him to hear and determine any appeal under this section may make such order as to costs to be paid by either party to the appeal as he or they deems or deem just. (7.) For the purpose of enforcing any such order for the payment of costs, a duplicate of the order certified as such by the Minister or person or persons by whom the order was made may be filed by the person to whom the costs are payable in the registry of the Magistrates Court at Brisbane, and thereupon such order shall be deemed an order for the payment of costs made by that court and may be enforced accordingly. ( 8 .) The provisions of subsection fifteen of section thirty-four of f“ The Local Government Acts, 1936 to 1958,” do not apply with respect to any requirement or decision of the Council or its delegate under any ordinance made pursuant to section twelve of this Act. * 15 G. 6 No. 2 and amending Act. t 1 G. 6 No. 1 and amending Acts. 805