City of Brisbane Town Planning Act Amendment Act 1983 (Qld)

224 Quecueihtxth ANNO TRICESIMO SECUNDO ELIZABETHAE SECUNDAE REGINAE No. 21 of 1983 An Act to amend the City of Brisbane Town Planning Act 1964-1982 in certain particulars [ASSENTED TO 19TH APRIL, 1983]

City of Brisbane Town Planning Act Amendment Act 1983, No. 21 225 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. This Act may be cited as the City of Brisbane Town Planning Act Amendment Act 1983. 2. Commencement . (1) Section 1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act or the provisions thereof specified in the Proclamation shall commence on the day or days appointed by Proclamation for the commencement of this Act or, as the case may be, those provisions. 3. Principal Act and Citation as amended . (1) In this Act the City of Brisbane Town Planning Act 1964-1982, is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the City of Brisbane Town Planning Act 1964-1983. 4. Amendment of s. 6. Brisbane City Council may propose amendments of Town Plan. Section 6 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the first paragraph and substituting the following paragraph:- " Brisbane City Council may at any time and from time to time make application to the Minister for amendment of the Plan by- (a) excluding land from a zone and including the land so excluded in another zone; (b) where pursuant to section 95 (1) of the Harbours Act 1955-1982 any reclaimed land is part of the City of Brisbane, including that land in a zone; or (c) making any other amendment to the Plan that the Council considers desirable."; (ii) in the second paragraph inserting after the words " town planning " the following expression:- " , other than a policy determination made pursuant to the provisions of section 22E (5),"; (b) in subsection (2) omitting paragraph (b) and substituting the following paragraph:- (b) subsection (4), in a case where the amendment relates to a proposal referred to in subparagraph (a) or (b) of the first paragraph of subsection (1) (other than a proposal to exclude land from a zone and to include the land so excluded in another zone for the purposes of a development control plan).";

226 City of Brisbane Town Planning Act Amendment Act 1983, No. 21 (c) in subsection (4)- (i) inserting in paragraph (b) (ii) (C) before the words " the zone " the words " where the land is included in a zone,"; (ii) inserting in paragraph (b) (ii) (E) after the word " rezoning " the words " or its inclusion in a zone, as the case may be "; (iii) inserting in paragraph (c) (i) (B) before the words " the zone " the words " where the land is included in a zone,". 5. Amendment of s. 7. Amendments , etc., of Town Plan on recommendation of Minister . Section 7 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- " (1) The Governor in Council, on the recommendation of the Minister, may at any time and from time to time amend the Plan by- (a) excluding land from a zone and including the land so excluded in another zone; (b) where pursuant to section 95 (1) of the Harbours Act 1955-1982 any reclaimed land is part of the City of Brisbane, including that land in a zone; or (c) making any other amendment to the Plan that he considers desirable."; (b) in subsection (2) omitting paragraph (b) and substituting the following paragraph:- (b) where the recommendation is for an amendment of the type referred to in paragraph (a) or (b) of subsection (1), shall comply with the requirements of subsection (4)."; (c) in subsection (4)- (i) inserting in paragraph (b) (ii) (C) before the words " the zone " the words " where the land is included in a zone,"; (ii) inserting in paragraph (b) (ii) (E) after the word " rezoning " the words " or its inclusion in a zone, as the case may be "; (iii) inserting in paragraph (c) (i) (B) before the words " the zone " the words " where the land is included in a zone,". 6. Amendment of s. 8. Application for rezoning of land. Section 8 of the Principal Act is amended by, in subsection (2), in subparagraph (iv) of paragraph (d) inserting after the word " land " the words " and whether it is proposed to subdivide it to facilitate that use". 7. Amendment of s. 20C. Unlawful conditions . Section 20c of the Principal Act is amended by in subsection (1)- (a) omitting the word " relates." and substituting the word " relates:";

City of Brisbane Town Planning Act Amendment Act 1983, No. 21 227 (b) inserting at the end thereof the following proviso:- " Provided that the foregoing provisions of this subsection shall not apply to a requirement imposed by the Council or its delegate pursuant to section 22E.". 8. Amendment of s. 20E. Agreements as to works. Section 20e of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:- " (1) Where the approval, consent or permission given by the Council or its delegate in respect of an application to exclude land from a zone and to include the land so excluded in another zone or to subdivide land or for approval, consent or permission to use any land or to erect or use any building or other structure for any purpose is lawfully subjected to a condition that the applicant shall pay to the Council the cost of or a contribution towards the cost of works (other than a contribution towards the cost of water supply headworks or sewerage headworks under section 22E), an agreement shall be entered into between the applicant and the Council setting forth- (a) the nature and extent of the works for which payment is to be made (including a general specification thereof); (b) all sums that the applicant is required to pay to the Council; (c) the time within which each such sum shall be paid; (d) provisions relating to appropriation of interest accrued on sums held in the Council's Trust Fund in accordance with this section; (e) the amount and nature of any security required to be lodged and maintained by the applicant with the Council, the circumstances in which the security may be applied and the conditions under which it shall be released; (f) the date on or before which the Council shall commence to perform the works; and (g) the date on or before which the works shall be completed by the Council. No moneys shall be paid to or accepted by the Council until the agreement in writing has been made between the applicant and the Council.". 9. New s. 22E. The Principal Act is amended by inserting after section 22D the following section:- "22E. Applicant may be required to pay or contribute towards cost of works . (1) Where, after the commencement of section 9 of the City of Brisbane Town Planning Act Amendment Act1983- (a) an application is made to the Council or its delegate- (i) to exclude land from a zone and to include the land so excluded in another zone;

228 City of Brisbane Town Planning Act Amendment Act 1983, No. 21 (ii) under the Plan, to subdivide land; or (iii) under the Plan, for approval, consent or permission to use any land or to erect or use any building or other structure; (b) the Council or its delegate decides that water or sewerage or water and sewerage should be made available to the land (hereinafter in this section referred to as " the relevant land ") the subject of the application or, as the case may be, whereon the building or other structure, the subject of the application, is to be erected or used; (c) the Council has constructed or is constructing a water supply scheme or a sewerage scheme or both a water supply scheme and a sewerage scheme that is, are or, as the case may be, will be, with or without augmentation, capable of servicing the relevant land; and (d) the Council is prepared to provide or has already provided as a part of that scheme or, as the case may be, those schemes headworks that are adequate to make available water or sewerage or both water and sewerage to land that includes or comprises the relevant land, the Council or its delegate may, as a condition of its or his granting the application, require the applicant to pay to the Council- (e) in the case of an application referred to in paragraph (a) (i) wherein it is stated that, having regard to the use which is desired to be made of the relevant land, it is proposed to subdivide the relevant land- (i) where the Council is prepared to make available water to the relevant land, a contribution towards the cost incurred or to be incurred by the Council in providing the appropriate water supply headworks ; (ii) where the Council is prepared to make available sewerage to the relevant land, a contribution towards the cost incurred or to be incurred by the Council in providing the appropriate sewerage headworks; (f) in the case of an application referred to in paragraph (a) (i) wherein it is stated that, having regard to the use which is desired to be made of the relevant land, it is not proposed to subdivide the relevant land- (i) where the Council is prepared to make available water to the relevant land- (A) a contribution towards the cost incurred or to be incurred by the Council in providing the appropriate water supply headworks; and (B) the cost or a contribution towards the cost, as provided for in subsection (3), incurred or to be incurred by the Council in providing the appropriate water supply works external;

City of Brisbane Town Planning Act Amendment Act 1983, No. 21 229 (ii) where the Council is prepared to make available sewerage to the relevant land- (A) a contribution towards the cost incurred or to be incurred by the Council in providing the appropriate sewerage headworks; and (B) the cost or a contribution towards the cost, as provided for in subsection (3), incurred or to be incurred by the Council in providing the appropriate sewerage works external; (g) in the case of an application referred to in paragraph (a) (ii)- (i) where the Council is prepared to make available water to the relevant land- (A) a contribution towards the cost incurred or to be incurred by the Council in providing the appropriate water supply headworks; (B) the cost or a contribution towards the cost, as provided for in subsection (3), incurred or to be incurred by the Council in providing the appropriate water supply works external; and (C) the cost of providing the appropriate water supply works internal; (ii) where the Council is prepared to make available sewerage to the relevant land- (A) a contribution towards the cost incurred or to be incurred by the Council in providing the appropriate sewerage headworks; (B) the cost or a contribution towards the cost, as provided for in subsection (3), incurred or to be incurred by the Council in providing the appropriate sewerage works external; and (C) the cost of providing the appropriate sewerage works internal; (h) in the case of an application referred to in paragraph (a) (iii)- (i) where the Council is prepared to make available water to the relevant land- (A) a contribution towards the cost incurred or to be incurred by the Council in providing the appropriate water supply headworks; and (B) the cost or a contribution towards the cost, as provided for in subsection (3), incurred or to be incurred by the Council in providing the appropriate water supply works external; (ii) where the Council is prepared to make available sewerage to the relevant land- (A) a contribution towards the cost incurred or to be incurred by the Council in providing the appropriate sewerage headworks; and

230 City of Brisbane Town Planning Act Amendment Act 1983, No. 21 (B) the cost or a contribution towards the cost, as provided for in subsection (3), incurred or to be incurred by the Council in providing the appropriate sewerage works external. (2) Where after the commencement of section 9 of the Cityof Brisbane Town Planning Act Amendment Act1983- (a) an application referred to in subsection (1) (a) (i) is made to the Council or its delegate; (b) the Council or its delegate decides that water or sewerage or water and sewerage should be made available to the relevant land; (c) the Council does not operate and is not presently constructing a water supply scheme or a sewerage scheme or both a water supply scheme and a sewerage scheme that is, are or will be capable of servicing the relevant land; and (d) the Council is prepared to construct a scheme or schemes referred to in paragraph (c) and to provide as part of that scheme or, as the case may be, those schemes headworks that are adequate to make available water or sewerage or both water and sewerage to land that includes or comprises the relevant land, the Council or its delegate may, as a condition of its or his granting the application, require the applicant- (e) where the relevant land is the only land that will be serviced by the water supply headworks or sewerage headworks or water supply headworks and sewerage headworks, to pay to the Council the cost of providing the headworks concerned; (f) where the relevant land and other land will be serviced by the water supply headworks or sewerage headworks or water supply headworks and sewerage headworks, to pay to the Council a contribution towards the cost of providing the headworks concerned. (3) For the purposes of subsection (1)- (a) where the relevant land is the only land that will be serviced by the water supply works external or, as the case may be, the sewerage works external, the applicant may be required to pay the costs incurred or to be incurred by the Council in providing those works; (b) where the relevant land and other land will be serviced by the water supply works external or, as the case may be, sewerage works external, the applicant may be required to pay a contribution towards the costs incurred or to be incurred by the Council in providing those works. (4) Where consequent upon the making of an application referred to in subsection (1) (a) the Council or its delegate requires

City of Brisbane Town Planning Act Amendment Act 1983, No. 21 231 the applicant to pay pursuant to subsection (1) or (2) the cost or a contribution towards the cost of any works provided or to be provided in connexion with the use of the relevant land and that requirement is satisfied then if a further such application is made which relates to the relevant land, the Council or its delegate shall not in relation to that further application require the applicant to pay the cost or a contribution towards the cost of any such works unless- (a) the use then to be made of the relevant land will, in the opinion of the Council or its delegate, create a greater demand on the works; and (b) the amount of any such cost or contribution does not exceed the cost of satisfying that. greater demand. (5) The amount of any contribution required to be paid to the Council under this section shall be determined in accordance with a policy fixed from time to time by the Council by resolution. (6) A policy fixed by the Council pursuant to subsection (5) shall- (a) specify the method or methods adopted by the Council for determining the amount of any contribution to be made by an applicant towards the cost of water supply headworks, sewerage headworks, water supply works external or sewerage works external under this section; (b) specify the works, structures or equipment which the Council determines to be water supply headworks or sewerage headworks, as the case may be for the purposes of this section; (c) supersede any provision of the Plan or decision made by the Council in relation to a matter contained in the policy. (7) In fixing a policy pursuant to subsection (5), the Council shall have regard to the following matters- (a) the estimated cost of constructing the water supply scheme or sewerage scheme in respect of which contributions are to be made under this section; (b) the need for augmentation (if any) of the water supply scheme or sewerage scheme in respect of which contributions are to be made under this section; (c) the estimated cost of such augmentation; (d) the area of land, the estimated population and the estimated number of allotments, or lots (if any) under the BuildingUnits and Group Titles Act1980, to be serviced by such augmentation; (e) the application of the policy in relation to applications or classes of applications in respect of which contributions are to be made under this section so as to secure a

232 City of Brisbane Town Planning Act Amendment Act 1983, No. 21 reasonable contribution by the applicant concerned towards the cost of water supply headworks, sewerage headworks, water supply works external or sewerage works external taking into account such of the following matters as are applicable to the application in question- (i) the area of the relevant land; (ii) the estimated population to be serviced by the proposed development the subject of the application, (iii) the estimated number of allotments, or lots (if any) under the Building Units and Group Titles Act1980, to be created in connexion with the proposed development; (iv) the proposed use of the relevant land ; (v) any other matter that the Council considers should be taken into account for the purpose of securing a reasonable contribution by the applicant towards the cost of water supply headworks, sewerage headworks, water supply works external or sewerage works external, as the case may be. (8) A copy of the policy fixed by the Council under subsection (5) shall be placed on exhibition at the prescribed place and a copy of such policy shall be procurable from the Council for such sum as is fixed by it by resolution. (9) Where the Council or its delegate decides to require an applicant to pay the cost or, as the case may be, a contribution towards the cost of water supply headworks, sewerage headworks, water supply works external or sewerage works external or to pay the cost of water supply works internal or sewerage works internal under this section, the amount of the payment shall be payable to the Council- (a) in the case of an application referred to in paragraph (e) or (g) of subsection (1) or, in paragraph (h) of subsection (1) wherein it is stated that having regard to the use which is desired to be made of the relevant land it is proposed to subdivide the relevant land- (i) within 14 days after the date of receipt by the applicant of notification of the approval by the Council or its delegate of an application for the subdivision of the land in question or such longer period or periods as may be agreed upon between the Council or its delegate and the applicant; or (ii) where the applicant appeals to the Court pursuant to section 18 against the decision of the Council or its delegate on the application for the subdivision of the relevant land and the Court allows the appeal, within 14 days after the date of receipt by the applicant of notification of the determination of the Court on such appeal or such longer period or periods as may be agreed upon between the Council or its delegate and the applicant;

City of Brisbane Town Planning Act Amendment Act 1983, No. 21 233 (b) in the case of an application referred to in paragraph (f) of subsection (1)- (i) within 14 days after the date of the granting by the Council or its delegate of approval under the BuildingAct1975-1981 to the carrying out of building work associated with the development the rezoning of the land in question is intended to facilitate or such longer period or periods as may be agreed upon between the Council or its delegate and the applicant; or (ii) where no building work is associated with the development the rezoning of the land in question is intended to facilitate, within 14 days after the date on which notification is published in the Gazette of approval or approval in part by the Governor in Council of the rezoning of the land or such longer period or periods as may be agreed upon between the Council or its delegate and the applicant; (c) in the case of an application referred to in paragraph (h) of subsection (1) other than an application referred to in paragraph (a) of this subsection- (i) within 14 days after the date of the granting by the Council or its delegate of approval under the BuildingAct1975-1981 to the carrying out of building work associated with the proposed development the subject of the application or such longer period or periods as may be agreed upon between the Council or its delegate and the applicant; or (ii) where no building work is associated with the proposed development, within 14 days after the date of receipt by the applicant of notification of the approval by the Council or its delegate of the application or such longer period or periods as may be agreed upon between the Council or its delegate and the applicant. (10) The approval of an application referred to in subsection (1) (a) may include a condition requiring the applicant to lodge and maintain with the Council a security approved by the Council or its delegate for the amount of any cost or contribution required to be paid by the applicant. (11) Nothing in this section contained shall preclude the Council and an applicant from entering into an agreement under which the applicant, instead of paying to the Council the cost or a contribution towards the cost of water supply headworks, sewerage headworks, water supply works external or sewerage works external or the cost of water supply works internal or sewerage works internal, that are reasonably required in connexion with the making available of water or sewerage or both water

234 City of Brisbane Town Planning Act Amendment Act 1983, No. 21 and sewerage to the relevant land, will carry out such works at his expense and to the satisfaction of the Council and within the time specified in the agreement. (12) An agreement entered into between the Council and an applicant under subsection (11) may be subjected to a condition requiring the applicant to give to the Council security to its satisfaction that he will fulfil his obligations under the agreement. (13) In this section and in section 20E, unless a contrary intention appears- sewerage headworks " means those works, structures or equipment determined by the Council pursuant to subsection (6) (b) to be sewerage headworks; sewerage works external " means all works, structures or equipment necessary for connecting land to the Council's sewerage scheme: The term does not include sewerage headworks or sewerage works internal; " sewerage works internal " means, in the case of an application to subdivide land, works necessary for the reticulation of sewerage to each allotment into which the land is proposed to be subdivided ; " water supply headworks " means those works, structures or equipment determined by the Council pursuant to subsection (6) (b) to be water supply headworks; " water supply works external " means all works, structures or equipment necessary for connecting land to the Council's water supply scheme: The term does not include water supply headworks or water supply works internal; " water supply works internal " means, in the case of an application to subdivide land, works necessary for the reticulation of water supply to each allotment into which the land is proposed to be subdivided.".