City of Brisbane Town Planning Act Amendment Act 1974 (Qld)

386 ANNO VICESIMO TERTIO ELIZABETHAE SECUNDAE REGINAE No. 39 of 1974 An. Act to amend the City of Brisbane Town Planning Act 1964-1973 in certain particulars [ASSENTED TO 2ND MAY, 19741 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 1974. (2) In this Act the City of Brisbane Town Planning Act 1964-1973 is referred to as the Principal Act.

City of Brisbane Town Planning Act Amendment Act 1974 , No. 39 387 (3) The Principal Act as amended by this Act may be cited as the City of Brisbane Town Planning Act 1964-1974. 2. Amendment of s. 4 . Section 4 of the Principal Act is amended by inserting after subsection (4) the following subsection:- " (4A) In every Town Plan prepared pursuant to subsection (3)- (a) the broad policies required by subsection 4 (a) (ii) to be stated therein are not intended to include and shall not include any determination prescribed by this subsection; and (b) the Scheme Maps required by subsection (4) (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 or its delegate 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." 3. Amendment of s. 6. Section 6 of the Principal Act is amended by- (a) adding at the end of subsection (1) the following paragraph:- " When the Council or its delegate makes a policy determination 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 the Council shall, within 30 days after the date of such making, take action prescribed by this section to be taken with a view to amendment of the Plan and thereafter, unless it abandons such policy determination, shall apply to the Minister for amendment of the Plan in accordance with this subsection." (b) in subsection (2), omitting from provision (b) all words from and including the words " which date-" to and including the words " " the last day for the receipt of objections ";" and substituting the following words:-- whhiicchh date shall be a date not less than 30 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 30 days after the date of the first publication of the advertisement and in this section the date so specified is called " the last day for the receipt of objections ";"; (c) inserting after subsection (2) the following subsection:- " (2A) Before making any such application to exclude land from any zone and to include the land so excluded in another zone the Council or its delegate shall serve on the owner of the land to which the application will relate or apply, where such owner is other than the Council. notice of its intention to make the application. It shall be sufficient compliance with this subsection to give the notice by post addressed to the owner at his address as shown in the records of the Council relating to the levying of rates. Such notice shall state such particulars of the application as are prescribed by subsection (2) to be contained in an

388 City of Brisbane Town Planning Act Amendment Act 1974, No. 39 advertisement published in accordance with that subsection in respect of such application and shall be given at the same time as or within seven days before such advertisement is published.". 4. Amendment of s. 7. Section 7 of the Principal Act is amended by inserting after subsection (2) the following section:- " (2A) Before making any such recommendation to exclude land from any zone and to include the land so excluded in another zone the Minister shall cause to be served on the owner of the land to which the recommendation will relate or apply notice of his intention to make the recommendation. It shall be sufficient compliance with this subsection to give the notice by post addressed to the owner at his address as shown in the records of the Council relating to the levying of rates or as last known to the Minister. Such notice shall state such particulars of the recommendation as are prescribed by subsection (2) to be contained in an advertisement published in accordance with that subsection in respect of such recommendation and shall be given at the same time as or within seven days before such advertisement is published.". 5. Amendment of s. 11 . Section 11 of the Principal Act is amended by adding at the end thereof the following paragraph:- " In this section the expression " current Council policies " does not include any policy determination made by the Council or its delegate 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 and which is duly incorporated in the Plan in accordance with section 4 (4A) or 6 (1)." 6. Amendment of s. 20C. Section 20c of the Principal Act is amended by adding after provision (iv) of paragraph (c) the following symbol and paragraph:- f< , (d) in the case of any application for approval to use or subdivide any land, to rely wholly or partly, for the purpose of disposing of such application, on a policy of the Council that was formulated by one or more policy determinations that is or are required by section 4 (4A) or 6 (1) to be incorporated in the Plan and that is or are not duly so incorporated ". 7. Amendment of s. 21 . Section 21 of the Principal Act is amended by, in subsection (1), omitting from paragraph (b) the words " subsection (4) " and substituting the words " subsections (11), (12) and (13) ". 8. Amendment of s. 30. Section 30 of the Principal Act is amended by adding at the end thereof the following subsection:- " (7) In any appeal made to the Court against the decision of Brisbane City Council or its delegate, the existence of a policy of the Council that was formulated by one or more policy determinations, that is or are required by section 4 (4A) or 6 (1)

City of Brisbane Town Planning Act Amendment Act 1974, No. 39 389 to be incorporated in the Plan and that is or are not duly so incorporated shall not be relevant to the proper hearing and determination by the Court of such appeal and the Court shall hear and determine such appeal as if such a policy did not exist."