City of Brisbane Town Planning Act Amendment Act 1982 (Qld)

757 (Quecustttub ANNO TRICESIMO PRIMO ELIZABETHAE SE C UNDAE REGINAE No. 48 of 1982 An Act to amend the City of Brisbane Town Planning Act 1964-1981 in certain particulars and for related purposes [ASSENTED TO 21ST OCTOBER, 1982]

758 City of Brisbane Town Planning Act Amendment Act 1982 , No. 48 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:- PART I-PRELIMINARY 1. Short title . This Act may be cited as the City of Brisbane Town Planning Act Amendment Act 1982. 2. Commencement . The Governor, by Proclamation- (a) may appoint a date on which this Act shall commence; (b) may appoint dates on which the provisions of this Act specified in the Proclamation shall commence. Such dates may be appointed in one Proclamation or in different Proclamations. This Act or a provision thereof specified in the Proclamation shall commence on the date appointed by Proclamation made under this section for the commencement of this Act, or, as the case may be that provision. 3. Arrangement . This Act is divided into Parts as follows:- PART I-PRELIMINARY; PART II-AMENDMENTS TO THE CITY OF BRISBANE TOWN PLANNING ACT 1964-1981; PART III-PROVISIONS RELATING TO THE USE OF LAND BY MORETON TUG & BARGE CO. PTY. LTD. PART II-AMENDMENTS TO THE CITY OF BRISBANE TOWN PLANNING ACT 1964-1981 4. Citation . (1) In this Part the City of Brisbane Town Planning Act 1964-1981 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the City of Brisbane Town Planning Act 1964-1982. 5. Amendment of s. 8. Application for rezoning of land . Section 8 of the Principal Act is amended by in subsection (5) omitting from paragraph (e) (i) the words " would be available " and substituting the words " should be made available ". 6. Amendment of s. 22. Objection to certain applications and appeals by objectors. Section 22 of the Principal Act is amended by adding at the end thereof the following subsection:- " (18) (a) Subject to paragraph (e), where an application referred to in subsection (1) (b) or (1) (c) is made to the Council, the application may be amended by the applicant prior to the application being decided by the Council or its delegate or with the consent of the applicant by the Council or its delegate when deciding the application, if the Council or its delegate is of the opinion that- (i) the amendment is of a minor nature; and

City of Brisbane Town Planning Act Amendment Act 1982, No. 48 759 (ii) the amendment would not adversely affect any person: Provided that the Council or its delegate shall have no power under this subsection to amend an application that has been the subject of an appeal to the Court and the Court has made a determination on the appeal. (b) A person who seeks an amendment of an application referred to in paragraph (a) shall make application to the Council for that amendment and the application shall set forth full particulars of the proposed amendment. (c) The Council or its delegate shall decide the application within 30 days from the date of receipt by the Council of the application. (d) The Town Clerk shall notify the applicant of that decision within 7 days from the date of the making of the decision. (e) In respect of an application referred to in subsection (1) (c) a proposed amendment shall be taken to be not of a minor nature if- (i) the proposed use to be made of the land the subject of the application is to be varied by the addition of other uses; (ii) the gross floor area of buildings or proposed buildings on the site, is to be increased by more than five per centum; (iii) the number of storeys to be contained in any building or proposed building or part thereof on the site is to be added to; (iv) the location of the proposed ingress to or egress from the site is to be substantially altered; (v) the proposed ingress to or egress from the site is to be to or from roads other than roads specified in the original application; (vi) the amenity or the likely future amenity of the locality would, in the opinion of the Council or its delegate be adversely affected by the proposed amendment: Provided that an alteration in a particular referred to in provision (iv) or an amendment referred to in provision (v) shall be deemed to be an amendment of a minor nature if- (vii) the location of the proposed ingress or egress as altered or the road from or to which ingress or egress is to be had if the proposed amendment is made is a road declared under the Main Roads Act 1920-1979 and the approval of the Commissioner of Main Roads has been obtained to the location of the points of ingress and egress; and (viii) the Court, upon an application being made to it, determines that the proposed amendment is of a minor nature and would not adversely affect any person.". 7. New ss. 22AA and 22AB . The Principal Act is amended by inserting after section 22A the following sections:- " 22AA. Modification of approvals granted . (1) (a) Subject to subsections (2) and (3) where under the Plan or a superseded town plan within the meaning of section 22B an application for consent in respect of the erection or use of a building or other structure on land or the use of land or an application for approval to open a new road or to subdivide land has

760 City of Brisbane Town Planning Act Amendment Act 1982, No. 48 been approved by the Council or its delegate, with or without conditions, the Council or its delegate may, upon the application of the person in whom the benefit of the approval for the time being vests, modify the approval granted or any condition applicable to the approval provided the Council or its delegate is of the opinion that- (i) the modification is of a minor nature; and (ii) the modification would not adversely affect any person. (b) A person who seeks the modification of an approval referred to in paragraph (a) shall make application to the Council for that modification and the application shall set forth full particulars of the proposed modification. (c) The Council or its delegate shall decide the application within 30 days from the date of receipt by the Council of the application. (d) The Town Clerk shall notify the applicant of that decision within 7 days from the date of the making of the decision. (2) For the purposes of this section a proposed modification shall be taken to be not of a minor nature if- (a) the proposed use to be made of the land the subject of the modification is to be varied by the addition of other uses; (b) the gross floor area of the buildings or proposed buildings on the site, is to be increased by more than five per centum; (c) the number of storeys to be contained in any building or proposed building or part thereof on the site is to be added to; (d) the location of the proposed ingress to or egress from the site is to be substantially altered; (e) the proposed ingress to or egress from the site is to be to or from roads other than roads specified in the original application; or (f) the amenity or the likely future amenity of the locality would, in the opinion of the Council or its delegate be adversely affected by the proposed modification: Provided that an alteration in a particular referred to in provision (d) or an amendment referred to in provision (e) shall be deemed to be a modification of a minor nature if- (g) the location of the proposed ingress or egress as altered or the road from or to which ingress or egress is to be had if the proposed modification is made is a road declared under the Alain Roads Act 1920-1979 and the approval of the Commissioner of Main Roads has been obtained to the location of the points of ingress and egress; and (h) the Court, upon an application being made to it, determines that the proposed modification is of a minor nature and would not adversely affect any person.

City of Brisbane Town Planning Act Amendment Act 1982, No. 48 761 (3) The Council or its delegate shall have no power under this section to modify- (a) an approval of an application referred to in subsection (1) where the approval- (i) relates to the erection of a building, after the erection is substantially commenced; (ii) relates to the use of any land, building or other structure, after that use is commenced; or (iii) was granted following the determination of an appeal by the Court; or (b) a condition of approval of an application referred to in subsection (1) (not being an approval referred to in subparagraph (a)) where that condition was imposed as the result of an objection lodged against the granting of the application after public notice of the application was given pursuant to section 22. 22AB. Application to Court in respect of amendment or modification. (1) An applicant who is dissatisfied with the decision of the Council or its delegate on an application made by him pursuant to section 22 (18) (a) (ii) or section 22AA (1) (b) may apply to the Court for a review of the decision and the Court is hereby vested with jurisdiction to review a particular matter brought before it pursuant to this section and make a determination thereon. (2) An application for review shall be instituted within 30 days from the date when the decision of the Council or its delegate first comes to the notice of the applicant but not later. (3) Proceedings before the Court in respect of an application for review pursuant to this subsection shall be had in accordance with the Local Government Court Rules.". 8. Amendment of s. 22B. Applications and appeals concerning superseded town plans , etc. Section 22B of the Principal Act is amended by- (a) inserting after subsection (7) the following subsection:- (7A) Where the rights conferred by an approval referred to in subparagraph (ii) of paragraph (b) of subsection (7) are exercised in accordance with that approval, the building or other structure the subject of the approval and the land on which the same is to be or was erected may, and it is hereby declared always could be used for the purpose for which the building or other structure is to be or was erected, whether or not the erection thereof was commenced before or after the prescribed date, and notwithstanding anything contained in the Plan."; 25

762 City of Brisbane Town Planning Act Amendment Act 1982, No. 48 (b) in subsection (8) inserting after the words " lawfully commenced the words " before or ". PART III-PROVISIONS RELATING TO THE USE OF LAND BY MORETON TUG & BARGE CO. PTY. LTD. 9. Interpretation . In this Part, save where the contrary intention appears- " the Council " means Brisbane City Council constituted under the City of Brisbane Act1924-1981; " the Company " means Moreton Tug & Barge Co. Pty. Ltd., a Company incorporated in the State. 10. Use of land etc ., deemed lawful . It is hereby declared that, for the purpose of assessing, pursuant to the provisions of the Acquisitionof Land Act1967-1977, compensation payable to the Company by the Council under that Act in respect of the acquisition by the Council of the land described in the Schedule hereto and any improvements thereon, the use being made of that land and any building or other structure thereon at the time the Bill for the City of Brisbane Town Planning Act Amendment Act 1982 was read for the First time in the Legislative Assembly shall be deemed to be a lawful use of the land, building or other structure. SCHEDULE [s. 10] Subdivision A of allotment 8 and subdivision 2 of allotments 9 and 10 of section 27, County of Stanley, Parish of South Brisbane being land described in Certificate of Title No. 504167 Volume 2539 Folio 152.