City of Brisbane Town Plan Modification Act 1976 (Qld)

441 ANNO VICESIMO QUINTO ELIZABETHAE SECUNDAE REGINAE No. 44 of 1976 An Act to provide for the modification of the proposed new Town Plan for the City of Brisbane and various other related matters [ASSENTED TO 5TH MAY, 19761 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Citation . This Act may be cited as the City of Brisbane Town Plan Modification Act 1976. 2. Interpretation . (1) Subject to subsection (2) and unless the contrary intention appears, an expression used in this Act that is used in the City of Brisbane Town Planning Act 1964-1975 has the meaning assigned to it by that Act. (2) Unless the contrary intention appears- Council " means Brisbane City Council; " major Act " means the City of Brisbane Town Planning Act 1964-1975; " Minister " means the Minister for Local Government and Main Roads or other Minister of the Crown for the time being charged with the administration of this Act; is

442 City of Brisbane Town Plan Modification Act 1976, No. 44 "modified plan" means the new plan as modified, amended or altered by the Council pursuant to this Act; " new plan" means the proposed new Town Plan prepared by the Council in accordance with section 4 (3) of the major Act and placed on public exhibition on the 28th day of February 1975; " present plan" means the Town Plan for the City of Brisbane at present in force by virtue of subsections (1) and (2) of section 4 of the major Act. 3. Reference of new plan back to Council . (1) Notwithstanding the provisions of section 4 of the major Act the new plan shall be returned forthwith by the Minister to the Council for preparation of the modified plan, by delivery to the Town Clerk. (2) When returning the new plan to the Council, the Minister shall provide the Council with guidelines as to the modifications, amendments or alterations he considers to be warranted. (3) Upon receipt of the new plan by the Town Clerk, he shall cause to be prepared for presentation to the. Council submissions relevant to the preparation of the modified plan. (4) The Council shall prepare the modified plan and, in doing so, shall consider the new plan, the guidelines provided by the Minister, and all other matters it considers to be warranted in the, preparation of the modified plan, including any submissions caused to be prepared pursuant to subsection (3), at a special meeting or special meetings of the Council called for that purpose. The consideration of the new plan, the guidelines and those other matters and submissions referred to shall not-come within the functions of any Standing Committee or Special Committee of the Council. Nothing contained in this subsection shall preclude the Council at a special meeting from resolving itself into a Committee of the Whole. (5) Upon the preparation of the modified plan the Council shall, at a special meeting of the Council called for that purpose, adopt the same and cause it to be placed on public exhibition. The modified plan shall be placed on public exhibition within 90 days of the commencement of this Act, or if,.upon application by the Council in that behalf, the Minister who is hereby thereunto authorized 'allows a longer period, within such longer period as the Minister may allow. (6) The modified plan so placed on public exhibition shall consist of the following:- (a) a Statement of intent setting out- (i) the goals the modified plan is intended to achieve; (ii) the broad policies which will be implemented to achieve these goals; (iii) the data which has been used in the formulation of the modified plan including a summary of all surveys carried out and an analysis of the survey data; (iv) the standards adopted as a basis for determining the various provisions made in the modified plan;

Cltr of Brisbane Town Plan M odification Act 1976, No. 44 443 (v) the programme for implementing the modified plan including an economic assessment of the provisions of the modified plan; (vi) the principal physical and economic characteristics of the Area of the City of Brisbane (including the principal purposes for which land is used) and, so far as they may be expected to affect that Area, of any neighbouring areas; (vii) the size, composition and distribution of the population of the Area of the City of Brisbane (whether resident or otherwise); (viii) without prejudice to subparagraph (vi) above, the communications, transport system and traffic of the Area and, so far as they may be expected to affect the Area, of any neighbouring areas; (ix) any other matters which are necessary for a clear understanding of the modified plan; (x) any further matters which the Governor in Council requires to be included; (b) the Schedule to the proposed Order in Council to approve the modified plan; (c) the series of maps which are comprised in the modified plan; (d) the Planning Ordinances within the meaning of section 25 of the major Act; (e) Development Control Plans, Land Use Indices and other similar documents, if any, which are needed to implement the modified plan. (7) In the modified plan- (a) the broad policies required by subsection (6) (a) (ii) to be stated therein are not intended to include and shall not include any determination prescribed by this subsection; and (b) the series of maps required by subsection (6) (c) to be contained therein shall include every determination prescribed by this subsection. The determination referred to in provisions (a) and (b) is any policy determination made by the Council on town planning or land use, which determination cannot be adequately presented or interpreted save by means of reference to, delineation on or marking of a map. 4. Provisions relating to the modified plan on public exhibition. (1) On the first day on which the Council places the modified plan on public exhibition, it shall, by advertisement published in at least one newspaper printed and circulating in the City give public notice- (a) of its intention to seek approval of the modified plan; (b) that the modified plan is on public exhibition at the place determined in accordance with subsection (2) and for the times prescribed in that subsection, during the period of 60 days from the date of the publication of the advertisement (the last day of the period being in this section and in sections 5 and 6 called the " last day for the receipt of objections ");

444 City of Brisbane Town P lan ;Modification Act. 1976, No. 44 (c) that, other than material exempted under subsection (4), if any, a copy of the modified plan or any part thereof and a copy of the present plan, or any part thereof may be procured from the Council at all times during which the modified plan is required to be on public exhibition upon payment of such fees as the Council may fix by resolution but not exceeding the cost of printing or otherwise reproducing the copy, which fees shall be specified in. the advertisement; (d) that objections to the modified plan may be lodged with the Town Clerk before 4 o'clock in.-the afternoon on the day specified in the advertisement as the last day for the receipt of objections; (e) that such objections must be in writing in the form specified by the Council, be addressed to the-Town Clerk and include the grounds of objection and the facts and circumstances relied on by the objector in support of those grounds. (2) The Council shall place the modified plan on public exhibition at the office of the Council or at such other place as may be specified in the advertisement referred to in subsection (1), or from time to time specified by notice in a 'newspaper printed and circulated in the Area of the City, which other place shall not be more than 1 kilometre distant from the office of the Council, and which in the opinion of the Council is centrally and convetilently, situated. The modified plan shall remain on public exhibition, during the period specified in the advertisement or subsequent notices between the hours of 10 o'clock in the forenoon and 8 o'clock in. the afternoon on one working. day of each week and on all other working days between the hours of 10 o'clock in the forenoon and 4 o'clock in the afternoon. There shall be exhibited with the modified plan a copy of the present plan in such form as the Minister may, upon the application of the Council, approve. (3) Any person shall, on application so to do during the times prescribed in subsection (2), before 4 o'clock in the afternoon on the last day for the receipt of objections, and subject to any reasonable precautions and supervision on the part of the Council to prevent undue damage to the exhibits, be permitted to reproduce or copy any of the material exhibited under this section whether by photography, tracing and colouring, copying of written material by handwriting or by tape recording. The Council may fix by resolution and charge a reasonable fee, not exceeding the cost of providing the same, for any service rendered or provided pursuant to this subsection. (4) Any person may during the times prescribed in subsection (2) before 4 o'clock in the afternoon on the last day for the receipt of objections request the Council to furnish him with a copy of any material exhibited under this section, other than material which the Minister, on the application of the Council, may exempt from the provisions of this subsection, if any, on payment of the fees specified in the advertisement

City of Brisbane Town Plan Modification Act 1976, No. 44 445 published in accordance with this section, and the Council shall cause the copy of such material to be sent by post to that person forthwith upon receipt of the request by the Council, except where the request is made personally by or on behalf of the person so requesting and a copy of such material has been, then and there, delivered to that person or to the person making the request on his behalf, as the case may be. 5. Lodgment and consideration of objections . (1) Every objection shall be in writing, shall be addressed to the Town Clerk, shall state the grounds of objection, and the facts and circumstances relied on by the objector in support of those grounds and shall be lodged before 4 o'clock in the afternoon on the last day for receipt of objections. Objections shall be lodged on the form specified by the Council, provided free of cost by the Council and procurable at the office of the Council and at the office of the Director of Local Government. An objector may attach an annexure to the specified form where he considers it necessary to do so to properly state the grounds of his objection and the facts and circumstances relied on in support of those grounds. (2) After the last day for the receipt of objections the Council shall forthwith consider at a special meeting or special meetings of the Council called for that purpose, every objection made as prescribed by subsection (1). 6. Submission of modified plan through the Minister to the Governor in Council . (1) The Council shall within sixty days after the last day for the receipt of objections, or if upon application by the Council in that behalf the Minister who is hereby thereunto authorized allows a longer period, within such longer time as the Minister may allow, submit through the Minister to the Governor in Council for his approval the modified plan together with- (a) a copy of each advertisement or notice published in accordance with subsections (1) and (2) of section (4) with the name of the newspaper in which the advertisement or notice was published and the date on which the advertisement or notice was published endorsed thereon; (b) all objections made and lodged as prescribed: (c) the representations by the Council in respect of all objections made and lodged as prescribed including representations on each ground of objection. (2) The Governor in Council shall consider the modified plan and all objections and representations in respect of the modified plan and may reject the modified plan, or may approve of the modified plan wholly or in part.

446 Citr of Brisbane Town Plan rvfodification Act 1976, No. 44 (3) The power of the Governor in Council to approve the modified plan in part includes power to make all such alterations of the modified plan as the Governor in Council thinks fit, having regard to the modified plan, the objections, the representations which accompanied the submission for approval and the public interest. (4) Where the Governor in Council approves of or rejects the modified plan, an Order in Council notifying approval or rejection shall be published in the Gazette. Such Order in Council shall describe so as to identify the modified plan thereby notified, and where such Order in Council notifies approval there shall be published therewith the PPllaannnning Ordinances approved. (5) Upon the publication of a notification of approval pursuant to subsection (4) the modified plan shall become and be the Town Plan for the City of Brisbane pursuant to the major Act and shall have the force of law and be binding upon and obeyed by the Council and all persons whomsoever accordingly, and the new plan shall be deemed to have been rejected by the Governor in Council pursuant to section 4 (19) of the major Act. 7. Transitional provisions . Where any application made or appeal instituted under the present plan or under the major Act is still pending at the time when the modified plan is approved under this Act, the application or appeal shall be dealt with and determined in all respects as though the present plan had not been superseded by the modified plan and had remained in force and effect and a person whose application has been granted or appeal allowed under this subsection shall have the same rights conferred thereby as he would have had if the application had been granted or the appeal allowed and he had commenced to exercise those rights before the coming into operation of the modified plan provided that such rights are exercised or substantially commenced to be exercised within a period of two years from the granting of the application or the determination of the appeal. 8. Certain ordinances of the Council to have no force or effect and dissolution of the Planning Advisory Committee. (1) Ordinance 9 (vi) of Part 2 of Chapter 2 of the ordinances of the Council shall be read as if the reference to the Planning Advisory Committee did not appear therein. (2) Ordinance I of Part I of Chapter 8 of the ordinances of the Council shall be read as if the definition " Committee " did not appear therein. (3) Ordinances 6 (i) and 8 to 22 of Part 2 of Chapter 8 of the ordinances of the Council shall be of no force or effect. (4) The Planning Advisory Committee established by the ordinances referred to in subsection (3) is dissolved. (5) No person other than a member of the Council may be a member of a Committee established by the Council by ordinance or otherwise to advise or report to the Council on any matters relating to the present plan. Notwithstanding Rule 170 of the Rules of Procedure made under The Brisbane City Council Business and Procedure Acts, 1939 to 1948, such a Committee may comprise any number of but not less than live members of the Council.

City of Brisbane Town Plan Modification Act 1976, No. 44 447 (6) The Council shall not by ordinance or otherwise establish any standing or special committee to advise or report to the Council on any matters relating to the new plan or the modified plan. 9. New plan and modified plan not recognized . (1) Where in relation to the present plan and pursuant to the provisions of the major Act or the present plan- (a) an application is made to the Council to exclude land from any zone and to include the land so excluded in another zone; (b) an application is made for approval by the Council or its delegate to open any new road or to subdivide any land; or (c) any building or other structure may be erected or used for any purpose on land in any zone only with the consent of the Council or its delegate or land in any zone may be so used only with such consent and an application is made for such consent; such application shall be dealt with in accordance with the present plan and the provisions of the new plan shall not be taken into account by the Council when dealing with such application, nor by the Court when dealing with appeals in respect of such application. (2) Subject to the requirement under subsection (1) that the Council or the Court on appeal therefrom shall deal with such application in accordance with the present plan, the Council or the Court (as the case may be) may give such weight as it thinks fit to the provisions of the modified plan after the modified plan is placed on public exhibition. 10. Planning ordinances . (1) Those stages in and associated with the procedure for the making of a planning ordinance wherefor provision is made in section 38 of the City of Brisbane Act1924-1974 and in the major Act up to and including the stage of the publication in the Gazette of such ordinance which has been approved by the Governor in Council shall not apply to the planning ordinances prepared and adopted by the Council as part of the modified plan and thereafter placed on public exhibition as part of such plan pursuant to this Act. (2) Upon the publication of the planning ordinances approved as provided in section 6 (4), the planning ordinances thereupon forming part of the Town Plan for the City of Brisbane shall for the purposes of subsection (4) of section 38 of the City oJ' Brisbane Act 1924-1974-- (a) be deemed to have been published in the Gazette as provided in that section 38; (b) be deemed to purport to be made in pursuance of the City ofBrisbane Act1924-1974; (c) he deemed to have been duly made pursuant to the City ofBrisbane Act1924-1974 and the major Act. 11. Implied ordinance regarding the signing of town planning certificates on behalf of the Council . (1) The provisions of subsection (2) shall be deemed an ordinance of the Council and shall have force and effect accordingly.

448 City of Brisbane Torn P1an' Modification Act, 1976, No. 44 (2) Until the Council by ordinance authorizes an officer to sign certificates pursuant to section 12 of the City of Brisbane Town Planning Act 1964-197 5 , the officer of the Council who was the Secretary of the Planning Advisory Committee prior to the commencement of the City of Brisbane Town Plan Modification Act 1976 is hereby authorized to sign on behalf of the Town Clerk. town planning certificates given by the Council pursuant to section 12 of the City of Brisbane Town Planning Act 1964-1975.