City of Brisbane Town Planning Act Amendment Act 1975 (Qld)

332 ANNO VICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE ---------------------- No. 21 of 1975 An Act to amend the City of Brisbane Town Planning Act 1964-1974 in certain particulars [ASSENTED TO 15TH MAY, 1975] 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. abort tide and citation . (1) This Act may be cited as the City of Brisbane Town Planning Act Amendment Act 1975. (2) In this Act the City of Brisbane Town Planning Act 1964-1974 is 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 1964-1975.

Cit}' of Brisbane Town Planning Act Amendment Act 1975, No. 21 333 2. Amendment of s. 6 . Section 6 of the Principal Act is amended by- (a) numbering the provisions of subsection (2) from and including the words " The Council shall ", where they occur after subparagraph (d), to the end of the subsection as subsection (2B); (b) omitting subsection (2A), and inserting before subsection (2B) 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- (a) the Council or its delegate shall serve on the owner of the land to which the application will relate or apply and the owner of any land abutting on such land, where such owner is other than the Council, notice of its intention to make the application, which notice- (i) shall state such particulars of the application as are prescribed by subsection (2) and by this subsection to be contained in an advertisement published in accordance with that subsection and this subsection in respect of the application to be made; (ii) shall be given at the same time as or within seven days before such advertisement is published; and (iii) shall be sufficiently served on any such owner if it is sent by post addressed to him at his address as shown in the records of the Council relating to the levying of rates; (b) the Council shall include in the advertisement published in accordance with subsection (2) the following particulars:- (i) the postal address and real property description of the land to which the application will relate or apply; (ii) the area of the land ; (iii) the zone from which the land is proposed to be excluded; (iv) the zone in which the land is proposed to be included: and (v) the use desired to be made of the land following rezoning; (c) the Council shall cause a notice that complies with this subsection to be posted in accordance with this subsection on the land to which the application will relate or apply. The notice required by subparagraph ( c) to be posted shall contain a copy of the advertisement whereby public notice is given of the particulars specified in subparagraph (b) and shall be not less than 600 millimetres in height and not less than 0-56 square metres in area. All lettering thereof shall be not less than 25 millimetres in height . Such notice shall be posted not more than 1-5 metres from the road alignment of the land and so as to be clearly visible from the road and shall be kept so posted at all times during the period of 30 days next preceding the date specified in the advertisement as the date on or before which objections may be lodged with the Town Clerk.";

City of Brisbane Town Planning Act Amendment Act 1975, No. 21 33-+ (c), in subsection (5), inserting after the words " of this section " in subparagraph (aa) the words " and, where the case requires it, in accordance with subsection (2A)"; (d) omitting subsection (9), and substituting the following subsection:- " (9) (i) subsections (2), (2A), (2s). (3), (4) and (5) shall not apply to an application to exclude land from any zone and to include the land so excluded in another zone, where such application is made- (a) in respect of an application to the Council for such rezoning, and such application has been duly dealt with pursuant to section 22, and either no objections were received or no appeal was duly initiated pursuant to that section within the prescribed time; or (b) as a result of and in accordance with a decision of the Local Government Court in an appeal brought pursuant to section 9 or 22. (ii) In the case of an application to which, pursuant to this subsection, subsection (5) does not apply, such application to the Minister for amendment of the Plan shall be made to the Minister within forty days or, if the Minister (who is hereby thereunto authorised) allows a longer period, within the period allowed by the Minister, after the day upon which the Council shall have made a decision pursuant to section 22 (13) . or after the date of the decision of the Local Government Court as referred to in paragraph (i) (b) of this subsection whichever time is the later to expire. The application shall be accompanied by- (a) a statement of the grounds on which the application is made and of the facts and circumstances relied on by the Council in support of those grounds ; (b) all objections which may have been made and lodged as prescribed pursuant to section 22, and the Council's representations thereon ; (c) details of the relevant decision of the Local Government Court, and the date of such decision, in any case referred to in paragraph (i) (b) of this subsection; (d) particulars , including relevant maps, of the rezoning; and (e) a copy of each advertisement published in accordance with section 22 , at the time the proposed rezoning was dealt with' pursuant to that section. (iii) The application when received by the Minister shall be dealt with as prescribed by subsections (6) and (7). The Governor in Council, in his consideration of the application pursuant to subsection (6) shall have regard , where applicable, to the decision of the Local Government Court, and the grounds thereof but shall not be bound thereby.". 3. Am endment of s. 7. Section 7 of the Principal Act is amended by- (a) numbering the provisions of subsection (2) from and including the words " The Director of Local Government shall ", where they occur after subparagraph (d), to the end of the subsection as subsection (2s);

City of Brisbane Town Planning Act Amendment Act 1975, No. 21 335 (b) omitting subsection ( 2A) and inserting after subsection (2B) the following subsection:- "(2A) Before making any such recommendation to exclude land from any zone and to include the land so excluded in another zone- (a) the Minister shall cause to be served on the owner of the land to which the recommendation will relate or apply, and on the owner of any land abutting on such land, notice of his intention to make the recommendation, which notice- (i) shall state such particulars of the recommendation as are prescribed by subsection (2) and by this subsection to be contained in an advertisement published in accordance with that subsection and this subsection in respect of the recommendation to be made; (ii) shall be given at the same time as or within seven days before such advertisement is published; and (iii) shall be sufficiently served on any such owner if it is sent by post addressed to him at his address as shown in the records of the Council relating to the levying of rates or as last known to the Minister; (b) the Minister shall include in the advertisement published in accordance with subsection (2) the following particulars :- (i) the postal address and real property description of the land to which the recommendation will relate or apply; (ii) the area of the land; (iii) the zone from which the land is proposed to be excluded; (iv) the zone in which the land is proposed to be included; and ' (v) the use desired to be made of the land following rezoning; (c) the Minister shall cause a notice that complies with this subsection to be posted in accordance with this subsection on the land to which the recommendation will relate or apply. The notice required by subparagraph (c) to be posted shall contain a copy of the advertisement whereby public notice is given of the particulars specified in subparagraph , ( b) and shall be not less than 600 millimetres in height and not less than 0.56 square metres in area. All lettering thereof shall be not less than 25 millimetres in height. Such notice shall be posted not more than 1.5 metres from the road alignment of the land and so as to be clearly visible from the road and shall be kept so posted at all times during the period of 30 days next preceding the date specified in the advertisement as the date on or before which objections may be lodged in the Department of Local Government.".

336 City of Brisbane Town Planning Act Amendment Act 1975, No. 21 4. 'Anwadment of s. 22. Section 22 of the Principal Act is amended by inserting after subsection (IA) the following subsection:- " (IAA) An applicant for approval by the Council or its delegate to open any new road or to subdivide any land shall, where by written notice to the Town Clerk he so claims, be exempted from the operation of this section if (a) the application is for approval to subdivide the land into not more than 5 allotments; (b) no new road (other than by corner truncation) is sought to be created by the application; (c) no part of the land to be subdivided is within an Existing Open Space Zone or a Proposed Open Space Zone at the date of the passing of the City of Brisbane Town Planning Act Amendment Act 1975; and (d) the applicant or a predecessor in title has not claimed an exemption under this subsection in respect of an application to subdivide the same land or a part thereof within the previous two years.". 5. Saving operation of s. 22. Section 22 of the Principal Act shall continue to apply in respect of any application to which it purports to apply, which application was made before. the date of the passing of this Act, and in respect of objections relating to or appeals arising out of such an application, as if this Act had not been passed and such application, objections and appeals shall be dealt with and disposed of accordingly.