City of Brisbane Town Planning Act Amendment Act 1984 (Qld)

399 (Queenslaub ANNO TRICESIMO TERTIO ELIZABETHAE SECUNDAE REGINAE No. 36 of 1984 An Act to amend the City of Brisbane Town Planning Act 1964-1982 in certain partic ukrs [ASSENTED TO 9TH MAY, 19841

400 City of Brisbane Town Planning Act Amendment Act 1984, No. 36 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 . This Act may be cited as the City of Brisbane Town Planning Act Amendment Act 1984. 2. Citation . (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 1964-1984. 3. Amendment of s. 3. Definitions . Section 3 of the Principal Act is amended by inserting in the definition of the term " Major shopping development ", after the words " purpose of shops;", the words " the term also includes a hypermarket within the meaning of section 22AC (4);". 4. Amendment of s. 12. Town planning certificate . Section 12 of the Principal Act is amended by, in subparagraph (a), adding after the word "situated" the words "and, where the land is subject to the provisions of a development control plan or the use and development of the land are affected by provisions of the Statement of Intent prepared pursuant to section 4, information to that effect ". 5. Amendment of s. 22A. Restriction on combined use of land etc., for service station and shop etc. Section 22A of the Principal Act is amended by- (a) in subsection (2) omitting the words " this Act " where twice occurring and substituting the words " the Local Government Act andAnother Act Amendment Act1981 " in each case; (b) omitting subsection (3) and substituting the following subsection:- " (3) A use of any land, building or other structure that, by reason of subsection (2), is not prevented by subsection (1) shall be deemed, for the purposes of the Plan, to be a use that was in existence immediately before the commencement of the Plan and the provisions of the Plan shall apply to such use accordingly.". 6. Amendment of s. 22AA. Modification of approvals granted. Section 22AA of the Principal Act is amended by, in subsection (3) (a)- (a) omitting provision (i); (b) omitting the expressions " (ii) " and " (iii) " and. substituting the. expressions " (i) " and " (ii) " respectively. 7. New s. 22AC. The Principal Act is amended by inserting after section 22An the following section:- " 22AC. Restriction on use of land for hypermarket . (1) Subject to subsection (2), notwithstanding anything contained in the Plan, any land, or any building or other structure on land, shall

City of Brisbane Town Planning Act Amendment Act 1984, No. 36 401 not be used as a hypermarket unless that land is included in the Special Uses Zone and designated in red or black lettering on the relevant scheme map with the purpose " hypermarket ". (2) The provisions of subsection (1) shall not prevent the use of any land, building or other structure as a hypermarket where the use in question was an existing lawful use of the land, building or other structure at the commencement of the City of Brisbane Town Planning Act Amendment Act 1984 or consent for the use in question was granted before the commencement of that Act and the use is effected in conformity with that consent. (3) A use of any land, building or other structure that, by reason of subsection (2), is not prevented by subsection (1) shall be deemed, for the purposes of the Plan, to be a use that was in existence immediately before the commencement of the Plan and the provisions of the Plan shall apply to such use accordingly. (4) In the application of subsections (1) and (2) the term " hypermarket " means a development that is comprised of or includes any building or other structure (or part thereof) to be erected or used primarily for the purpose of shops where that building or structure (or part)- (a) has a gross floor area exceeding 7 000 square metres or such other area as the Governor in Council from time to time prescribes by regulation (he being hereby thereunto authorized); and (b) is owned or leased by an owner or lessee who principally controls merchandising in respect of at least 80 per centum of those shops therein in or from which business is conducted by persons other than that owner or lessee. For the purposes of this definition, an owner or lessee principally controls merchandising in respect of shops if he principally controls- (c) the supply of goods to those shops for sale in or from those shops or the price at which those goods are supplied; or (d) the price at which goods are sold or services are provided in or from those shops.".