City of Brisbane Town Planning Act Amendment Act 1981 (Qld)

480 Qu rts Ltnb ANNO TRICESIMO ELIZABETHAE SECUNDAE REGINAE No. 56 of 1981 An Act to amend the City of Brisbane Town Planning Act 1964 - 1980 in certain particulars [ASSENTED TO 12TH JUNE. 1981 ]

City of Brisbane Town Planning Act Amendment Act 1981, No. 56 481 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 1981. (2) In this Act the City of Brisbane Town Planning Act 1964-1980 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 1964-1981. 2. Amendment of s. 20C. Section 20c of the Principal Act is amended by, in subsection (2), omitting paragraph (c) and substituting the following paragraph:- (c) in the case of an application for approval, consent or permission to use or erect any building or other structure for a purpose other than a service station or to use land for a purpose other than a service station, to subject the approval, consent or permission to any condition requiring any building or other structure to be set back from a road alignment except as prescribed by the Plan or by ordinance:". 3. Repeal of and new s. 31 . The Principal Act is amended by repealing section 31 and substituting the following section:- " 31. Costs. (1) Subject to this section, the Court shall not make an order for costs in proceedings commenced in the Court under this Act, the Local Government Act 1936-1981, or the Building Act1975-1981 and the parties to such proceedings shall each bear his own costs. (2) The Court may, upon application made to it, award costs- (a) in the case where an appeal is withdrawn before it is determined and the Court considers that the appeal was frivolous or vexatious, against the appellant: (b) in the case where a party has not been given reasonable prior notice of intention to apply for an adjournment of an appeal or other proceedings, against the party seeking the adjournment. (3) The Court may make an order for costs in proceedings commenced in the Court under any Act other than one specified in subsection (1). (4) The Court may make an order for costs in proceedings commenced in the Court under the Local Government Act 1936-1979 before the commencement of the City of Brisbane Town Planning Actand Another Act Amendment Act1980 or under the BuildingAct1975-1979 before the commencement of the Building Act AmendmentAct1981.

482 City of Brisbane Town Planning Act Amendment Act 1981, No. 56 (5) Where the Court has jurisdiction to make an order for costs- (a) the Court may, in its discretion, order that such costs be ascertained and fixed by the appropriate taxing officer of the Supreme Court at Brisbane, according to the scale of costs prescribed by law for the time being in respect of proceedings in the District Court and in every such case it shall be in the discretion of the taxing officer to decide the proper scale to be adopted by him in taxing such costs; (b) any such order made shall include (unless otherwise ordered) costs in respect of allowances to witnesses attending to give evidence in the proceedings to which the order relates; (c) any such order made may be made an order of the District Court and enforced accordingly.".