City of Brisbane Town Planning Act Amendment Act 1969 (Qld)

173 ANNO OCTODECIMO ELIZABETHAE SECUNDAE REGINAE No. 27 of 1969 An Act to Amend the City of Brisbane Town Planning Act 1964 -1968 in certain particulars [ASSENTED TO 18TH DECEMBER, 1969] 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. Short title and citation . (1) This Act may be cited as the City of Brisbane Town Planning Act Amendment Act 1969. (2) The City of Brisbane Town Planning Act 1964-1968 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the City of Brisbane Town Planning Act 1964-1969.

174 City of Brisbane Town Planning Act Amendment Act 1969, No. 27 2. Amendment of s. 6-Brisbane City Council may propose amendments of the Plan . Section 6 of the Principal Act is amended- (a) by omitting subsection (2) and inserting in its stead the following subsection:- `` (2) Before making any such application the Council shall, by advertisement published at least once in at least one newspaper printed and circulating in the City, give public notice- (a) of its intention to make the application; (b) that particulars, including relevant maps, if any, of the amendments of the Plan for which the Council proposes to apply are open to inspection by any person at the office of the Council at the City Hall on or before the date specified in the advertisement which date- (i) where the advertisement relates to amendments determined by the Council to be required upon any review made pursuant to subsection (2) of section 5 of this Act, shall be a date not less than ninety days after the date of the publication of the advertisement or where the advertisement is published more than once on different dates, not less than ninety days after the date of the first publication of the advertisement; (ii) in any other case , shall be a date not less than thirty days after the date of the publication of the advertisement or where the advertisement is published more than once on different dates, not less than thirty days after the date of the first publication of the advertisement; (iii) in this section is called " the last day for the receipt of objections (c) that a copy of such particulars. other than the relevant maps, if any, may be procured from the Council on or before a date specified in the advertisement in that behalf being the date of the last day for the receipt of objections upon payment of such sum as the Council may fix by resolution but not exceeding the cost of printing or otherwise reproducing the copy, which sum shall be specified in the advertisement; and (d) that objections to such proposals may be lodged with the Town Clerk on or before a date specified in the advertisement in that behalf being the date of the last day for the receipt of objections. The Council shall, at all times during which its office at the City Hall is open for the conduct of public business, keep open to

City of Brisbane Town Planning Act Amendment Act 1969 , No. 27 175 inspection as advertised under this subsection, particulars, including relevant maps, if any, of any amendments of the Plan for which it proposes to apply. Any person may at any time before the expiration of the last day for the receipt of objections, request the Council to furnish him with a copy of the particulars of the amendments of the Plan for which the Council proposes to apply, other than the relevant maps, if any, on payment of the sum specified in the notice advertised in accordance with this subsection, and the Council shall cause the copy of such particulars so requested by any person 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 particulars has been, then and there, delivered to that person or to the person making the request on his behalf, as the case may be."; and (b) by inserting in subsection (5), after subparagraph (a) of the second paragraph, the following subparagraph:- " (aa) a copy of each advertisement published in accordance with subsection (2) of this section with the name of the newspaper in which the advertisement was published and the date on which the advertisement was published endorsed thereon;". 3. Amendment of s. 7. Amendments , etc., of the Plan on recommendation of Minister . Section 7 of the Principal Act is amended by omitting subsection (2) and inserting in its stead the following subsection:- . (2) Before making any such recommendation the Minister shall, by advertisement published at least once in at least one newspaper printed and circulating in the City, give public notice- (a) of his intention to make the recommendation; (b) that particulars, including relevant maps, if any, of the amendments of the Plan which he proposes to recommend are open to inspection by any person at the Department of Local Government on or before the date specified in the advertisement which date- (i) shall be a date not less than thirty days after the date of the publication of the advertisement or where the advertisement is published more than once on different dates, not less than thirty days after the date of the first publication of the advertisement; (ii) in this section is called " the last day for the receipt of objections ". (c) that a copy of such particulars, other than the relevant maps, if any, may be procured from the Director of Local Government on or before a date specified in

176 City of 'Brisbane Town Planning Act Amendment Act 1969, No. 27 the advertisement in that behalf being the date of the last day for the receipt of objections upon payment of such sum as he may fix not exceeding the cost of printing or otherwise reproducing the copy, which sum shall be specified in the notice; and (d) that objections to such recommendation may be lodged in the Department of Local Government on or before a date specified in the advertisement in that behalf being the date of the last day for the receipt of objections. The Director of Local Government shall, at all times during which his office is open for the conduct of public business, keep open to inspection as advertised under this subsection, particulars, including relevant maps, if any, of any amendments of the Plan which the Minister proposes to recommend. Any person may at any time before the expiration of the last day for the receipt of objections, request the Director of Local Government to furnish him with a copy of the particulars of the amendments of the Plan which the Minister proposes to recommend, other than the relevant maps, if any, on payment of the sum specified in the notice advertised in accordance with this subsection, and the Director of Local Government shall cause the copy of such particulars so requested by any person to be sent by post to that person forthwith upon receipt of the request by him except where the request is made personally by or on behalf of the person so requesting and a copy of such particulars has been, then and there, delivered to that person or, as the case may be, to the person making the request on his behalf.". 4. Amendment of s. 8 . Rezoning of land in Future Urban Zone. Section 8 of the Principal Act is amended by omitting from subsection (4) the first paragraph and inserting in its stead the following paragraphs:- " The map, if any, prepared pursuant to subsection (2) of this section and statement in writing prepared pursuant to subsection (3) of this section shall be open to inspection at the office of the Council at the City Hall in accordance with the requirements of section 6 of this Act and any person may procure from the Council a copy of such statement in writing in accordance with the requirements of that section. The relevant advertisement under the said section 6 in relation to the proposed amendment shall give public notice to that effect accordingly.".

City of Brisbane Town Planning Act Amendment Act 1969 , No. 27 177 5. Transitional . Where prior to the commencement of the City of Brisbane Town Planning Act Amendment Act 1969, Brisbane City Council had commenced to amend the Plan pursuant to the provisions of the Principal Act as in force immediately before that commencement, Brisbane City Council may continue and complete the amendment of the Plan in accordance with those provisions which for that purpose shall be deemed to have force and effect.