City of Brisbane Town Planning Act and Another Act Amendment Act 1980 (Qld)

213 1( uEPSt 1=4 ANNO VICESIMO NONO ELIZABETHAE SECUNDAE REGIN AE No. 18 of 1980 An Act to amend the City of Brisbane Town Planning Act 1964-1979 and the City ofBrisbaneAct 1924-1977 each in certain particulars and for a related purpose [ASSENTED TO 12TH MAY, 1980]

214 City of Brisbane Town Planning Act & Another Act Amdt Act 1980, No. 18 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the adv;ce 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 and citation . This Act may be cited as the City of Brisbane Town Planning Act and Another Act Amendment Act 1980. 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 arranged in Parts as follows:- PART I-PRELIMINARY; PART II-AMENDMENTS OF THE CITY OF BRISBANE TOWN PLANNING AcT 1964-1979; PART III-AMENDMENTS OF THE CITY OF BRISBANE ACT 1924-1977. PART TI- AMENDMENTS OF THE CITY OF BRISBANE TOWN PLANNING AcT 1964-1979 4. Citation . ( 1) In this Part , the City of Brisbane Town Planning Act 1964-1979 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 1964-1980. 5. Amendment of s. 3. Section 3 of the Principal Act is amended by- (a) inserting after the definition " Delegate " the following definitions:- " Devveellooppmmeennt t control plan "-A plan prepared by the Council for a particular part of the City for all or any of the following purposes:- (a) to ensure the orderly growth development or re-development of that part; (b) to co-ordinate the design and lay-out of the road system and the distribution of land uses; (c) to resolve specific or local town planning issues or problems; (d) to better implement the objectives listed in the Statement of Intent;

City of Brisbane Town Planning Act & Another Act Amdt Act 1980, No. 18 215 " Economic impact assessment "-A study report including an assessment of the public need and demand for a major shopping development and.a statement of the likely economic impact upon existing development of a similar nature or involving similar activities in the locality and in the estimated area of influence of the proposed development if such proposal were implemented; "; (b) inserting after the definition " Erect " the following definition:- " " Major shopping development "-A development that includes or comprises- (a) the use of land exceeding 1.5 hectares in area or such other area as the Governor in Council from time to time prescribes by regulation; or (b) the erection or use of any building or other structure or part thereof where the building or other structure or part thereof has a gross floor area exceeding 4 000 square metres or such other area as the Governor in Council from time to time prescribes by regulation, where the use of land or the erection or use of the building or other structure or part thereof is primarily for the purpose of shops;"; (c) inserting after the definition " Minister " the following definition:- " " Newspaper "-A newspaper circulating in the City of Brisbane;". 6. Amendment of s. 4. Section 4 of the Principal Act is amended by- (a) inserting after subsection (4A) the following subsection:- " (4B) A development control plan referred to in subsection (4) shall consist of- (a) a map or series of maps that clearly indicates the intentions of the Council for the future development of the part of the City subject to that plan; (b) a statement of criteria to be applied in determining the type, scale or distribution of supporting land uses not specifically identified in that map or series of maps; (c) copies of writings for the implementation of that plan; (d) copies of writings containing supporting information used for or in connexion with the preparation of that plan."; (b) in subsection (6), omitting paragraph (e) and substituting the following paragraph: " (e) of the requirements with respect to objections prescribed by subsection (11) (b)."; (c) omitting subsection (11) and substituting the following subsection:- " (11) (a) A person may on or before the last day for the receipt of objections make an objection to the proposed new Plan.

216 City of Brisbane Town Planning Act & Another Act Amdt Act 1980, No. 18 (b) An objection made under paragraph (a)- (i) shall be in writing and signed by each person who makes the objection; (ii) shall be addressed to the Town Clerk; (iii) shall state- (a) the name and address of each person who makes the objection; and (b) the grounds of objection and the facts and circumstances relied on by the objector or objectors in support of those grounds; (iv) if the objection is made by more than one person, may state the name and address of the objector nominated as the person to whom a notice under subsection (14) is to be given in respect of the proposed new Plan the subject of the objection; (v) shall be lodged with the Town Clerk."; (d) omitting subsection (12) and substituting the following subsection:- " (12) The Council shall forthwith consider and determine its representations in _ respect of every objection made as prescribed by subsection (11)."; (e) in subsection (13), (i) omitting the words " Brisbane City Council " where they firstly occur and substituting the words " The Council "; (ii) omitting paragraphs (b) and (c) and substituting the following paragraphs:- ( bb) ) all objections made as prescribed by subsection (11); (c) the representations by the Council in respect of all objections made as prescribed by subsection (11)."; (f) in subsection (14), (i) designating the existing provisions as paragraph (a); (ii) in paragraph (a) as so designated, omitting the words " duly lodged " and substituting the words " made as prescribed by subsection (11);"and (iii) adding the following paragraph:- (b) Where an objection duly made and lodged with the Town Clerk is so made and lodged by more than one person- (i) it shall be sufficient notification for the purposes of paragraph (a) if the Town Clerk notifies the person whose name first appears on the objection or, where the objection nominates a person as the person to whom such a notice is to be given, that person; and (ii) for the purposes of subsection (15) it shall be deemed that each person who made the objection was notified by the Town Clerk at the same time as the person whose name or signature first appears on the objection or, as the case may be, the person nominated as the person to whom a notice under this subsection is to be given.";

City of Brisbane Town Planning Act & Another Act Amdt Act 1980, No. 18 217 (g) in subsection (15)- (i) omitting the word " lodged " and substituting the word " made "; and (ii) omitting the word " Council " where it secondly occurs and 0 substituting the words " Town Clerk ". 7. New section 4A. The Principal Act is amended by inserting after section 4 the following section:- " 4A. Certain town planning work to be undertaken only by certificated town planner . (1) A person, whether an officer of the Council or a person engaged by the Council as consultant, who is responsible to the Council for- (a) the preparation of a new town plan pursuant to section 4; (b) the performance of work required to be performed by the Council's town planner pursuant to the Plan, shall hold and, at all times during which he performs any work specified in subparagraphs (a) or (b), continue to hold the certificate as town planner, prescribed by regulations made under the Local Government Act 1936-1980. (2) Without limiting the generality of the advice that may be obtained by the Council or its delegate on an application to it for- (a) the rezoning of land; (b) approval, consent or permission to use land; (c) the erection or use of any building or other structure, the Council or its delegate shall obtain the advice of a certificated town planner where the application is in respect of a major shopping development.". 8. Repeal of and new s. 6. The Principal Act is amended by repealing section 6 and substituting the following section:- " 6. Brisbane City Council may propose amendments of Town Plan. (1) Brisbane City Council may at any time and from time to time make application to the Minister for amendment of the Plan. Where the Council or its delegate makes a policy determination on town planning and that determination cannot be adequately presented or interpreted save by means of reference to, delineation on or marking of a map, the Council shall, within 30 days after the date of such making, take such action as is prescribed by this section with a view to amendment of the Plan and thereafter, unless the Council abandons the determination so made, it shall apply to the Minister for amendment of the Plan in accordance with this section. A policy determination referred to in this section shall have no force or effect until the amendment of the Plan incorporating the determination is approved by the Governor in Council. 8

218 City of Brisbane Town Planning Act & Another Act Amdt Act 1980, No. 18 (2) Before making application for amendment of the Plan the Council shall comply with the requirements of (a) subsection (3), in a case where the amendment relates to a proposal other than one specified in subparagraph (b); (b) subsection (4), in a case where the amendment relates to a proposal for the exclusion of land from a zone and the inclusion of the land so excluded in another zone otherwise than for the purposes of a development control plan. (3) Before making application for an amendment of the Plan that is subject to subsection (2) (a), the Council shall, by advertisement published at least once in a newspaper, give public notice- (a) of its intention to make the application; (b) that particulars, including relevant maps, if any, of the amendment of the Plan for which the Council proposes to apply ire open to inspection by any person at the prescribed place, naming that place, on or before the date specified in the advertisement being a date not less than 30 days after the date of publication of the advertisement in a newspaper or where the advertisement is published in a newspaper more than once, not less than 30 days after the date of the first publication of the advertisement in a newspaper (which date is in this section called " the last day for the- receipt of objections "); (c) that a copy of such particulars or a part thereof, other than relevant maps, if any, may be procured from the Council on or before the date specified in the advertisement in that behalf, being the date of the last day for the receipt of objections, upon payment of such sum as the Council may fix by resolution but not exceeding the cost of printing or otherwise reproducing the copy, which sum shall be specified in the advertisement; (d) that objections to the proposed amendment may be lodged on or before the last day for the receipt of objections specifying the date thereof; (e) of the requirements with respect to obiections prescribed by subsection (8) (b). (4) (a) Before making application for an amendment of the Plan that is subject to subsection (2) (b) the Council- (i) shall give public notice of its intention to make the application by posting a notice- (A) where the land to which the application will relate or apply has no road alignment and forms part of any allotment or allotments having road alignment, on the land comprising that allotment or those allotments; (B) where the land to which the application will relate or apply has no road alignment and comprises any allotment or allotments, on the land comprised in an adjoining allotment that has road alignment; (C) in any other case, on the land to which the application will relate or apply;

City of Brisbane Town Planning Act & Another Act Amdt Act 1980, No. 18 219 (ii) shall serve notice of its intention to make the application- (A) where the land to which the application will relate or apply comprises any allotment or allotments and the owners of adjoining land are persons other than the Council, on every such owner; (B) where the land to which the application will relate or apply comprises part of any allotment or allotments and the owners of adjoining land are persons other than the Council, on every owner of allotments adjoining the allotment or allotments of which that land forms part; (C) where the land to which the application will relate or apply is not owned by or under the control of the Council, on the owner of the land; and (iii) shall, by advertisement in a newspaper in accordance with paragraph (c), give public notice of its intention to make the application. (b) The public notice of intention to make the application posted on land pursuant to paragraph (a) (i)- (i) shall be not less than 600 millimetres in height, not less than 0.6 square metres in area, and all lettering thereof shall be not less than 25 millimetres in height, and the notice shall be posted not more than 1.5 metres from each 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 terminating upon the expiration of the date specified in the notice as the last day for the receipt of objections; (ii) shall state- (A) the postal address and real property description of the land to which the application will relate or apply; (B) the area of the land; (C) the zone from which the land is proposed to be excluded; (D) the zone in which the land is proposed to be included; (E) the use desired to be made of the land following rezoning; (F) that particulars including relevant maps of the amendment of the Plan for which the Council proposes to apply are open to inspection by any person at the prescribed place, naming that place, on or before the last day for the receipt of objections; (G) that a copy of such particulars or a part thereof other than relevant maps may be procured from the Council on or before the last day for the receipt of objections upon payment of such sum as the Council may fix by resolution but not exceeding the cost of printing or otherwise reproducing the copy, which sum shall be specified in the notice; (H) that objections to the proposed amendment may be lodged on or before the last day for the receipt of objections specifying the date thereof;

220 City of Brisbane Town Planning Act & Another Act Amdt Act 1980, No. 18 (I) the requirements with respect to objections prescribed by subsection (8) (b); and (iii) in the case of a notice to which subparagraph (i) (A) or (i) (B) of paragraph (a) applies, shall contain a sketch of the land to which the application will relate or apply and the land on which the notice is required to be posted. (c) The advertisement in a newspaper pursuant to paragraph (a) (iii) shall be published at the same time as or within seven days before notice of intention to make the application is posted on land pursuant to paragraph (a) (i) and shall state- (11) (A) the postal address of the land to which the application will relate or apply; (B) the zone from which the land is proposed to be excluded; (C) the zone in which the land is proposed to be included; (ii) that particulars and relevant maps of the amendment of the Plan for which the Council proposes to apply are open to inspection by any person at the prescribed place, naming that place; (iii) that objections to the proposed. amendment may be lodged with the Town Clerk on or before the last day for the receipt of objections, specifying the date thereof. (d) The notice of intention to make the application served pursuant to paragraph (a) (ii)- (i) shall be given at the same time as or within seven days before notice of intention to make the application is posted on land pursuant to paragraph (a) (i); (ii) shall be sufficiently served on an owner of land 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; (iii) shall contain the information specified in paragraph (b) (ii) and where applicable paragraph (b) (iii). (4A) (a) Where the Council has not such rights of access or other rights in respect of the land whereon a notice is required to be posted under subsection (4) as would enable the Council to comply with the requirements of that subsection, the Council may, notwithstanding the provisions of any other law, post the notice on the road abutting the land as near as practicable to the road alignment of the land and so as to be -legible by members of the public from the road. (b) Where a notice is posted as provided in paragraph (a), the notice shall be deemed for the purposes of this section to have been posted on the land abutting the road whereon it is posted within 1.5 metres from the road alignment and so as to be clearly visible from the road. (4B) The Council shall not be treated as having failed to comply with the requirements of paragraph (b) (i) of subsection (4) if the notice required to be posted is, without any fault or intention of the Council, removed,

City of Brisbane Town Planning Act & Another Act Amdt Act 1980, No. 18 221 obscured or defaced before the period referred to in that paragraph has elapsed, so long as the Council has taken reasonable steps for its protection and, if need be, replacement and if the Council has cause to rely on this subsection, the certificate under paragraph (iii) (B) of subsection (10) states the relevant circumstances. (5) Where the Council gives notice under subsection (3) or (4) with respect to an amendment of the Plan for which it proposes to apply, it shall thereafter and at all times during which its offices are open for the conduct of public business on or before the last day for the receipt of objections to that amendment, keep open to inspection particulars including relevant maps, if any, of the amendment at the prescribed place. (6) Any person, on application made by him at any time on or before the last day for the receipt of objections so to do and subject to any reasonable precautions and supervision on the part of the Council to prevent undue damage to exhibits, shall be permitted to reproduce or copy any material exhibited under this section whether by photography, tracing and colouring, copying of written material by handwriting or by tape-recording. (7) Any person may at any time on or before the last day for the receipt of objections, request the Council to furnish him with a copy of the particulars or a part thereof of the amendment of the Plan for which the Council proposes to apply, other than relevant maps, if any, on payment of the sum specified in the notice advertised or posted in accordance with this section, and the Council shall cause the copy of such particulars so requested by any person to be sent by post to that person forthwith upon receipt of the request by the Council except where the request is made personally by or on behalf of the person so requesting and a copy of such particulars has been, then and there, delivered to that person or, as the case may be, to the person making the request on his behalf. (8) (a) A person may on or before the last day for the receipt of objections make and lodge an objection to a proposed amendment of the Plan notified under this section. (b) An objection made under paragraph (a)- (i) shall be in writing and signed by each person who makes the objection; (ii) shall be addressed to the Town Clerk; (iii) shall state- (A) the name and address of each person who makes the objection; and (B) the grounds of objection and the facts and circumstances relied on by the objector or objectors in support of those grounds; and (iv) shall be lodged with the Town Clerk. (9) The Council shall forthwith consider and determine its representations in respect of every objection made and lodged as prescribed by subsection (8).

222 City of Brisbane Town Planning Act & Another Act Amdt Act 1980, No. 18 (10) An application by the Council to the Minister for amendment of the Plan shall be made to the Minister within 90 days or, if the Minister (who is hereby thereunto authorised) allows a longer period, the period allowed by the Minister, after the last day for the receipt of objections. The application shall be accompanied by- (i) 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; (ii) in the case of an application that is subject to subsection (2) (a)- a copy of each advertisement published in accordance with subsection (3) with the name of the newspaper and the date of publication endorsed thereon; (iii) in the case of an application that is subject to subsection (2) (b)- (A) a' statement, certified as to its accuracy by the Town. Clerk, setting out the information contained in the notice of the application posted on land pursuant to subsection (4) (a) (i); (B) a certificate by the Town Clerk as to whether all the relevant provisions of this section concerning the giving of notice of the application have been complied with; (iv) all objections made and lodged as prescribed by subsection (8); (v) the representations by the Council in respect of all objections made and lodged as prescribed by subsection (8); (vi) particulars including the relevant maps, if any, of the amendment. (11) The Minister shall examine each application made under this section, make his recommendation thereon and submit to the Governor in Council each application and recommendation. (12) The Governor in Council shall consider every application submitted to him by the Minister under this section, all objections and representations accompanying such application and the Minister's recommendation thereon and may reject the application or may approve of the application wholly or in part. The power of the Governor in Council to approve an application in part includes power to make all such amendments of the Plan as the Governor in Council, having regard to the application and to the objections and representations which accompanied the application, deems fit. (13) Where the Governor in Council approves of any amendment of the Plan applied for by the Council, he shall notify such approval by Order in Council. Such Order in Council shall describe so as to identify every amendment of the Plan thereby notified. Upon the publication of such Order in Council the Plan as amended thereby for the time being shall become and be the Town Plan for the City of Brisbane and shall have the force of law and be binding upon and obeyed by the Council and all persons whomsoever accordingly.

City of Brisbane Town Planning Act & Another Act Amdt Act 1980, No. 18 223 (14) (a) Subsections (2), (3), (4), (5), (6), (7), (8), (9) and (10) shall not apply to an application to exclude land from a zone and to include the land so excluded in another zone, where such application is made- (i) in respect of an application to the Council for such rezoning, and where such application has been duly dealt with pursuant to sections 8 and 22 and either no objections were received or no appeal was duly instituted pursuant to section 22 within the prescribed time; (ii) as a result of and in accordance with a decision of the Court in an appeal brought pursuant to section 9 or 22; or (iii) pursuant to section 22B (5) (a). For the purpose of this paragraph a withdrawal of an appeal brought pursuant to section 9 or 22 shall be deemed to be a decision of the Court dismissing the appeal made- (iv) in a case where the appeal is withdrawn by leave of the Court, on the day such leave is given; (v) in any other case, on the day the Council is served with a copy of the notice of withdrawal of the appeal duly filed in the Court. (b) An application for amendment to which, by virtue of paragraph (a), subsection (10) does not apply shall be made to the Minister within 90 days or, if the Minister (who is hereby thereunto authorised) allows a longer period, within the period allowed by the Minister, after the date upon which the Council shall have made a decision on the application under section 8 or after the date of the decision of the Court as referred to in paragraph (a) (ii) whichever time is the later to expire. The application shall be accompanied by- (A) a copy of the application made to the Council pursuant to section 8 and a copy of the statutory declaration lodged by the applicant pursuant to section 22 (4A); (B) 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; (C) all objections which may have been made and lodged as prescribed pursuant to section 22 and the Council's representations thereon; (D) where the application is made as a result of and in accordance with a decision of the Court in an appeal brought pursuant to section 9 or 22, details of the relevant decision of the Court and the date of such decision or, in applicable circumstances, details of the withdrawal of an appeal that constitutes a deemed decision of the Court; (E) particulars, including relevant maps, of the rezoning. (c) The Minister shall, upon receipt by him thereof, deal with the application in the manner prescribed by subsection (11). The Governor in Council, in his consideration of the application pursuant to subsection (12), shall have regard where applicable to the decision of the Court and the grounds thereof but shall not be bound thereby..

224 City of Brisbane Town Planning Act & Another Act Amdt Act 1980, No. 18 (15) Where prior to the commencement of section 8 of the City ofBrisbane Town Planning Act and Another Act Amendment Act1980 the Council had commenced to undertake and apply for an amendment of the Plan, section 6 of the City of Brisbane Town Planning Act 19641979 shall apply in relation to the amendment and to objections and any appeal arising therefrom as if section 8 of the firstmentioned Act had not come into operation and action in respect of the amendment of the Plan shall proceed accordingly.". 9. Repeal of and new s. 7 . The Principal Act is amended by repealing section 7 and substituting the following section:- " 7. Amendments , etc., of Town Plan on recommendation of Minister. (1) The Governor in Council, on the recommendation of the Minister, may at any time and from time to time amend the Plan. (2) Before making any such recommendation the Minister- (a) where the recommendation is for an amendment other than one specified in subparagraph (b), shall comply with the requirements of subsection (3); (b) where the recommendation is for an amendment relating to the exclusion of land from a zone and the inclusion of the land so excluded in another zone , shall comply with the requirements of subsection (4). (3) Before making a recommendation for an amendment of the Plan that is subject to subsection (2) (a), the Minister shall, by advertisement published at least once in a newspaper, give public notice- (a) of his intention to make the recommendation; (b) that particulars, including relevant maps, if any, of the amendment of the Plan-that -he proposes to recommend, are open to inspection by any person at the office of the Department of Local Government on or before the date specified in the advertisement being a date not less than 30 days after the date of the publication of the advertisement in a newspaper or where the advertisement is published in a newspaper more than once, not less than 30 days after the date of the first publication of the advertisement in a newspaper (which date is in this section called " the last day for the receipt of objections "); (c) that a copy of such particulars or a part thereof other than relevant maps, if any, may be procured from the Director of Local Government on -or -before the date specified in the advertisement in that behalf, being the date of the last day for the receipt of objections, upon payment of such sum as he may determine but not exceeding the cost of printing or otherwise reproducing the copy, which sum shall be specified .in the advertisement; (d) that objections to the proposed amendment may be lodged on or before the last day for the receipt of objections specifying the date thereof; and

City of Brisbane Town Planning Act & Another Act Amdt Act 1980, No. 18 225 (e) of the requirements with respect to objections prescribed by subsection (8) (b). (4) (a) Before making a recommendation for an amendment of the Plan that is subject to subsection (2) (b), the Minister- (i) shall give public notice of his intention to make the recommendation by posting a notice- (A) where the land to which the recommendation will relate or apply has no road alignment and forms part of any allotment or allotments having road alignment, on the land comprising that allotment or those allotments; (B) where the land to which the recommendation will relate or apply has no road alignment and comprises any allotment or allotments, on the land comprised in an adjoining allotment that has road alignment; (C) in any other case, on the land to which the recommendation will relate or apply; (ii) shall serve notice of his intention to make the recommendation- (A) where the land to which the recommendation will relate or apply comprises any allotment or allotments, on every owner of adjoining land; (B) where the land to which the recommendation will relate or apply comprises part of any allotment or allotments, on every owner of allotments adjoining the allotment or allotments of which that land forms part; (C) on the owner of the land to which the recommendation will relate or apply; and (iii) shall by advertisement in a newspaper in accordance with paragraph (c) give public notice of his intention to make the recommendation. (b) The public notice of intention to make the recommendation posted on land pursuant to paragraph (a) (i)- (i) shall be not less than 600 millimetres in height, not less than 0.6 square metres in area, and all lettering thereof shall be not less than 25 millimetres in height, and the notice shall be posted not more than 1.5 metres from each 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 terminating upon the expiration of the date specified in the notice as the last day for the receipt of objections; (ii) shall state- (A) the postal address and real property description of the land to which the recommendation will relate or apply; (B) the area of the land; (C) the zone from which the land is proposed to be excluded; (D) the zone in which the land is proposed to be included; (E) the use desired to be made of the land following rezoning;

226 City of Brisbane Town Planning Act & Another Act Amdt Act 1980, No. 18 (F) that particulars, including relevant maps of the amendment of the Plan that the Minister proposes to recommend, are open to inspection by any person at the office of the Department of Local Government on or before the last day for the receipt of objections; (G) that a copy of such particulars or a part thereof, other than relevant maps, may be procured from the Director of Local Government on or before the last day for the receipt of .objections upon payment of such sum as he may fix but not exceeding the cost of printing or otherwise reproducing the copy, which sum shall be specified in the notice; (H) that objections to the proposed amendment may be lodged with the Director of Local Government on or before the last day for the receipt of objections specifying the date thereof; and (I) the requirements with respect to objections prescribed by subsection (8) (b); and (iii) in the case of a notice to which subparagraph (i) (A) or (i) (B) of paragraph (a) applies, shall contain a sketch of the land to which the recommendation will relate or apply and the land on which the notice is required to be posted. (c) The advertisement in a newspaper pursuant to paragraph (a) (iii) shall be published at the same time as or within seven days before notice of intention to make the application is posted on land pursuant to paragraph (a) (i) and state- (i)- (A) the postal address of the land to which the recommendation will relate or apply; (B) the zone from which the land is proposed to be excluded; (C) the zone in which the land is proposed to be included; (ii) that particulars and relevant maps of the amendment of the Plan that the Minister proposes to recommend are open to inspection by any person at the office of the Department of Local Government; (iii) that objections to the proposed amendment may be lodged with the Director of Local Government on or before the last day for the receipt of objections, specifying the date thereof. (d) The notice of intention to make the recommendation served pursuant to paragraph (a) (ii)- (i) shall be given at the same time as or within seven days before notice of intention to make the recommendation is posted on land pursuant to paragraph (a) (i); (ii) shall be sufficiently served on an owner of land 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; (iii) shall contain the information specified in paragraph (b) (ii) and where applicable paragraph (b) (iii).

City of Brisbane Town Planning Act & Another Act Amdt Act 1980 , No. 18 227 (4A) (a) Where the Minister has not such rights of access or other rights in respect of the land whereon a notice is required to be posted under subsection (4) as would enable the Minister to comply with the requirements of that subsection, the Minister may, notwithstanding the provisions of any other law, post the notice on the road abutting the land as near as practicable to the road alignment of the land and so as to be legible by members of the public from the road. (b) Where a notice is posted as provided in paragraph (a), the notice shall be deemed for the purposes of this section to have been posted on the land abutting the road whereon it is posted within 1.5 metres from the road alignment and so as to be clearly visible from the road. (4B) The Minister shall not be treated as having failed to comply with the requirements of paragraph (b) (i) of subsection (4) if the notice required to be posted is, without any fault or intention of his, removed, obscured or defaced before the period of 30 days referred to it that paragraph has elapsed, so long as the Minister has taken reasonable steps for its protection and, if need be, replacement. (5) Where the Minister gives a notice under subsection (3) or (4) with respect to an amendment of the Plan that he proposes to recommend, the Director of Local Government shall thereafter and at all times during which the office of the Department of Local Government is open for the conduct of public business on or before the last day for the receipt of objections to that amendment keep open to inspection particulars including relevant maps, if any, of the amendment. (6) Any person, on application made by him at any time on or before the last day for receipt of objections so to do and subject to any reasonable precautions and supervision on the part of the Director of Local Government to prevent undue damage to the exhibits, shall be permitted to reproduce or copy any material exhibited under this section whether by photography, tracing and colouring, copying of written material by handwriting or by tape-recording. (7) Any person may at any time on or before the last day for the receipt of objections, request the Director of Local Government to furnish him with a copy of the particulars or a part thereof of the amendment of the Plan that the Minister proposes to recommend, other than relevant maps, if any, on payment of the sum specified in the notice advertised or posted in accordance with this section, and the Director of Local Government, shall cause the copy of such particulars so requested by any person to be sent-by post to that person forthwith upon receipt of the request by him except where the request is made personally by or on behalf of the person so requesting and a copy of such particulars has been, then and there, delivered to that person or, as the case may be, to the person making the request on his behalf. (8) (a) A person may on or before the last day for the receipt of objections make and lodge an objection to a proposed amendment of the Plan notified under this section.

22 8 City of Brisbane Town Planning Act & Another Act Amdt Act 1980, No. 18 (b) An objection made under paragraph (a)- (i) shall be in writing and signed by each person who makes the objection; (ii) shall be addressed to the Director of Local Government; (iii) shall state- (A) the name and address of each person who makes the objection; and (B) the grounds of objection and the facts and circumstances relied on by the objector or objectors in support of those grounds; and (iv) shall be lodged with the Director of Local Government. (9) In making his recommendation to the Governor in Council for amendment of the Plan the Minister shall have regard to every objection made and lodged as prescribed by subsection (8). (10) The Governor in Council shall consider every recommendation made by the Minister under this section and may reject the recommendation or may approve of the recommendation wholly or in part. The power of the Governor in Council to approve a recommendation in part includes power to make all such amendments of the Plan as the Governor in Council, having regard to the recommendation and to the objections to the proposed amendment of the Plan, the subject of such recommendation, deems fit. (11) Where the Governor in Council approves of an amendment of the Plan recommended by the Minister, he shall notify such approval by Order in Council. Such Order in Council shall describe so as to identify every amendment of the Plan thereby notified. Upon the publication of such Order in Council, the Plan as amended thereby for the time being shall become and be the Town Plan for the City of Brisbane and shall have the force of law and be binding upon and obeyed by the Council and all persons whomsoever accordingly. (12) All costs incurred by the Minister in respect of any amendment of the Plan made under this section shall, unless the Minister otherwise directs, be borne by the Council and, for the purpose of the recovery of any unpaid amount thereof by the Treasurer from the Council, shall be deemed to have been incurred in respect of a function of the Council.". 10. Amendment of s. 8 . Section 8 of the Principal Act is amended by- (a) in subsection (2), (i) in subparagraph (b), omitting the word " company " and substituting the words " body corporate ";

City of Brisbane Town Planning Act & Another Act Arndt Act 1980, No. 18 229 (ii) omitting subparagraph (c) and substituting the following subparagraph:- (cc)) accompanied by- (i) the consent in writing of the prescribed person, where he is not the applicant; (ii) an economic impact assessment, where following rezoning, it is intended to carry out on `the land to which the application relates or applies or part thereof a major shopping development;"; (b) in subsection (5), in subparagraph (c), inserting after the words "in the Plan" the words "or as set out in any development control plan ". 11. Amendment of s. 9. Section 9 of the Principal Act is amended by, in subsection (3), omitting the words " or which are agreed upon between the Council and the appellant ". 12. Amendment of s. 12. Section 12 of the Principal Act is amended by omitting subparagraph (c) of the first paragraph and substituting the following subparagraph:- (c) particulars of all consents, permissions and approvals granted by the Council or its delegate for the use of, or the erection or use of any building or other structure on, that land- (i) pursuant to the Plan, that have not been revoked pursuant to section 20o or have not expired by effluxion of time at any time prior, to the date the certificate is given; or (ii) pursuant to a Town Plan previously in force that have not been revoked pursuant to section 20o or have not expired by effluxion of the time limited for their continuance by a condition thereof at any time prior to the date the certificate is given, and of any uses registered in the Register of Existing Non-Conforming Uses relevant to such land.". 13. Amendment of s. 20A. Section 20A of the Principal Act is amended by omitting the words " subsection (7) of section 22A of this Act or 14. Amendment of s. 20B . Section 20B of the Principal Act is amended by, in the first paragraph- (a) omitting the expression " 22 or 22A " and substituting the expression " or 22 "; (b) omitting the words " or which are agreed upon between the Council or its delegate and the appellant ". 15. Amendment of Act No. 22 of 1977. The City of Brisbane TownPlanning Act and Another Act Amendment Act1977 is amended by repealing section 17.

230 City of Brisbane Town Planning Act & Another Act Amdt Act 1980, No. 18 16. Repeal of and new s . 20C. The Principal Act is amended by repealing section 20c and substituting the following section:-- " 20C. Unlawful conditions . (1) It shall be unlawful for the Council or its delegate in the case of an application- (a) for exclusion of land from a zone and the inclusion of the land so excluded in another zone; (b) to open a new road or subdivide land; or (c) for approval, consent or permission to use land or use or erect any building or other structure for any purpose, to subject the approval of that application to a condition that is not prescribed by the Plan or by ordinance or reasonably required by the rezoning of the land, the opening of the new road, the subdivision of the land, the use of the land or the use or erection of the building or other structure in respect of which the application relates. (2) Without limiting the generality of subsection (1), it shall be unlawful for the Council or its delegate- (a) in the case of an application for approval to open a new road or to subdivide land, to subject the approval to a condition requiring corner truncation of the subject land at a corner that is already truncated; (b) in the case of an application for approval to subdivide land not involving the opening of a road, to subject the approval to a condition requiring corner truncation of the subject land at a corner; (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- (i) corner truncation; (ii) the transfer of land free of cost to the Council for a road or for any other public purpose; (iii) any building or other structure to be set back from a road alignment except as prescribed by the Plan or by ordinance; (iv) payment to be made in respect of works external to the subject land except as prescribed by the Plan or by ordinance; (d) in the case of an application for approval to use or subdivide land, to rely wholly or partly, for the purpose of disposing of such application, on a policy of the Council that was formulated by one or more than one policy determination required by section 4 (4A) or 6 (1) to be incorporated in the Plan and not duly so incorporated; (e) in the case of an application for approval to subdivide land, to rely wholly or partly, for the purpose of disposing of such application, on a policy of the Council fixing, a minimum area or frontage of an allotment in excess of the minimum area or frontage fixed by the Plan in respect of that land.

City of Brisbane Town Planning Act & Another Act Amdt Act 1980, No. 18 231 (3) A requirement prescribed by the Plan or by ordinance does not apply with respect to an approval, consent or permission specified in subsection (1) or (2) in a case where, under that subsection, it would be unlawful for the Council or its delegate to subject the approval, consent or permission to that requirement as a condition thereof. (4) It shall be unlawful for the Council or its delegate and an applicant or owner of land to enter into an agreement or for the Council or its delegate to accept any consideration concerning a matter in respect of which pursuant to subsection (1), (2) or (3) it is unlawful for the Council or its delegate to impose conditions.". 17. Repeal of and new s. 20D. The Principal Act is amended by repealing section 20D and substituting the following section:- " 20D. Revocation of approval , consent or permission. (1) Notwithstanding any provision of the Plan or any condition of an approval, consent or permission granted thereunder- (a) an approval, consent or permission granted under the Plan for the use or erection of any building or other structure or the use of any land for any purpose; or (b) an approval referred to in subsection (7) of section 22B, shall not be revoked by the Council or its delegate except in accordance with this section. (2) The Council or its delegate may revoke any approval, consent or permission referred to in subsection (1)- (a) in accordance with subsections (4) to (10) both inclusive if- (i) in the case where the approval, consent or permission involves the erection of a building or other structure, substantial progress has not been made in such erection in accordance with that approval, consent or permission; or (ii) in any other case, the rights conferred by such approval, consent or permission are not exercised in accordance with that approval, consent or permission, within the time prescribed for the purposes of this subsection; (b) upon the prior request in writing of the owner of the subject land or with the consent of the Court upon application made in that behalf by the Council: (3) The time prescribed for the purposes of subsection (2) shall be- (a) in the case of an approval, consent or permission referred to in paragraph (a) of subsection (1)- (i) .a period of 2 years after the date on which the approval, consent or permission was obtained; or (ii) such period or periods longer than 2 years after that date as the Council or its delegate may from time to time approve;

232 City of Brisbane Town Planning Act & Another Act Amdt Act 1980, No. 18 (b) in the case of an approval referred to in paragraph (b) of subsection (1)-- (i) where the approval was obtained prior to 2nd December, 1978- (A) a period of 2 years from the date on which the approval was obtained or a period of 12 months from the date of commencement of the City of Brisbane Town PlanningAct Amendment Act1979, whichever period later expires; or (B) such extended period or periods as the Council or its delegate may from time to time approve; (ii) in the case of any other approval- (A) a period of 2 years from the date on which the approval was obtained; or (B) such period or periods longer than 2 years after that date as the Council or its delegate may from time to time approve. (4) The Council or its delegate, with a view to giving consideration to the revocation of an approval, consent or permission referred to in subsection (1), may serve upon the person to whom such approval, consent or permission was granted and, if a different person, upon the owner of the land in question a notice (in this section referred to as a " notice of intention to revoke "). (5) A notice of intention to revoke shall be in writing addressed to the address of the person on whom it is to be served last known to the Council and shall state- (a) that the person to whom the notice is directed, on or before the date specified therein (which date shall be not earlier than 30 days after the service of the notice), may serve upon the Council or its delegate at the address set out in the notice an objection in writing to the revocation of the approval, consent or permission; (b) that such objection must specify the grounds of objection and the facts and circumstances relied on by the objector in support of those grounds; (c) that an objector who indicates in his objection in writing that he desires to be heard in support of the grounds of his objection may appear and be heard by the Council or its delegate or by an officer of the Council appointed by it by resolution at the time and place specified in the notice. (6) (a) Where no objection is served upon the Council or its delegate on or before the date specified in the notice of intention to revoke, the Council or its delegate may determine that the approval, consent or permission be revoked. (b) The Town Clerk shall notify the person or persons referred to in subsection (4) of the determination within 7 days thereafter and the notification shall state the grounds of the determination. (7) (a) An objector who indicates in his objection in writing that he desires to be heard in support of the grounds of his objection may

City of Brisbane Town Planning Act & Another Act Amdt Act 1980, No. 18 233 appear and be heard by the Council or its delegate or by an officer of the Council appointed by it by resolution at the time and place specified in the notice. (b) If the Council or its delegate, after due consideration of any objections and hearing an objector who desires to be heard, or, as the case may be, of the report of the officer appointed to hear the objection proposes to revoke the approval, consent or permission, the Town Clerk shall give notice accordingly to each person who has duly served on the Council or its delegate an objection to the revocation of the approval, consent or permission. (c) A notice given pursuant to paragraph (b) shall contain or be accompanied by a copy of this section. (8) A' person who served on the Council or its delegate an objection in accordance with subsection (5) may appeal to the Court against the proposal of the Council or its delegate to revoke the approval, consent or permission. An appeal pursuant to this subsection shall be instituted within 30 days after the giving to him of the notice referred to in subsection (7) (b) but not later. (9) In making a determination with respect to revocation of an approval, consent or permission, the Council or its delegate is bound by the determination of the Court on an appeal made pursuant to subsection (8). (10) The Council or its delegate shall make its determination and the Town Clerk shall notify the person or persons referred to in subsection (4) of such determination within 7 days after the time for institution of an appeal has expired or, if an appeal has been duly instituted, within 7 days after the determination thereof; and the notification shall state the grounds of the determination of the Council or its delegate.". 18. Amendment of s. 21. Section 21 of the Principal Act is amended by- (a) in subsection (1), (i) omitting paragraph (b) and substituting the following paragraph:- " (b) Subject to subsections (11), (12) and (13) of section 22, the period prescribed by this subsection shall be- (i) in the case of an application to which section 9 or 19 applies, 40 days from the date of compliance by the applicant with the requirements of section 22 (4A); (ii) in the case of an application to which section 18 applies- (A) where the application is subject to'section 22 (4A), 40 days from the date of compliance by the applicant with the requirements of that section; (B) where the application is not subject to section 22 (4A), 40 days from the date of receipt by the Council of the application; (iii) in the case of an application to which section 19A or 20A applies, 40 days from the date of the receipt by the Council of the application:

234 City of Brisbane Town Planning Act & Another Act Amdt Act 1980, No. 18 Provided that if, with the prior approval of the Minister, the Council or its delegate by notice served on the applicant before the expiration of the period specified in subparagraph (i), (ii) or (iii), extends such period in a particular case, the period prescribed by this subsection shall be taken to be the longer period specified in the notice;"; (ii) in paragraph (c), (A) omitting from the first paragraph the words " or to a building proposal to which section 22A of this Act applies "; (B) omitting the second paragraph and inserting the following paragraph:- " The Town Clerk shall give to every objector the notification prescribed by subsection (6) of section 22 within the period prescribed by this subsection ". (b) in subsection (2), omitting the last paragraph and substituting the following paragraph:- An appeal to the Court by- (a) an applicant specified in this subsection against the decision of the Council or its delegate on his application; (b) an owner or occupier of any land, building or other structure specified in section 19A (2) against the determination of the Council or its delegate that the use of such land, building or other structure notified to him by the Town Clerk pursuant to this section should be entered in the Register of Existing Non-Conforming Uses as prescribed by the Plan, may be instituted by him within 30 days after the date of the receipt by him of the notification from the Town Clerk of the decision or determination in question but not later.". 19. Amendment of s. 21A. Section 21A of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section, omitting the expression ", 19 or 20A " and substituting the expression or19"• (b) in subsections (1), (2) and (4) omitting the words " or 22A " in each case respectively; (c) in subsection (3), omitting the expression. ", 19 or 20A and substituting the expression " or 19 "; (d) in subsection (5), omitting the words ", 19 or 20A (so far as section 20A relates to section 22A) " and substituting the expression " or 19 ". 20. Amendment of s. 22. Section 22 of the Principal Act is amended by- (a) omitting subsections (1) to (6) both inclusive and substituting the following subsections :- " (1) Where- (a) an application' is made to the Council to exclude land from a zone and to include the land so excluded in another zone;

City of Brisbane Town Planning Act & Another Act Amdt Act 1980, No. 18 235 (b) an application is made for approval by the Council or its delegate to open a new road or to subdivide land (not being an application in respect of a realignment under section 35 (10) of the Local Government Act 1936-1980) and- (i) the land upon which the new road is to be opened or that is to be subdivided, is owned by Brisbane City Council; or (ii) the proposed road opening or subdivision includes the creation of a road bounding allotments external to the subject land; or (iii) the land is included in a zone specified in the Second Schedule; (c) under the Plan any building or other structure may be erected or used for any purpose on land in a zone only with the consent of the Council or its delegate or land in a zone may be so used only with such consent and an application is made for such consent, the applicant shall, as soon as practicable after the making of the application but in any case not before the application has been lodged in duplicate with the Town Clerk- (d) give public notice of the application by posting a notice- (i) where the land to which the application relates or applies has no road alignment and forms part of any allotment or allotments having road alignment, on the land comprising that allotment or those allotments; (ii) where the land to which the application relates or applies has no road alignment and comprises any allotment or allotments, on the land comprised in an adjoining allotment that has road alignment; or (iii) in any other case, on the land to which the application relates or applies; (e) serve notice of the application- (i) where the land to which the application relates or applies comprises any allotment or allotments and the owners of adjoining land are persons other than the applicant, on every such owner; (ii) where the land to which the application relates or applies comprises part of any allotment or allotments and the owners of adjoining land are persons other than the applicant, on every such owner; (f) give public notice of the application by advertisement in a newspaper. (2) The public notice of the application posted on land pursuant to subsection (1) (d)- (a) shall be not less than 600 millimetres in height, not less than 0.6 square metres in area, and all lettering thereof shall be not less than 25 millimetres in height, and the notice shall be posted- (i) in the case of an application referred to in subsection (1) (b) where the land has more than one road alignment, not

236 City of Brisbane Town Planning Act & Another Act Amdt Act 1980. No. 18 more than 1.5 metres from one of those alignments and so as to be clearly visible from the road; (ii) in the case of an application referred to in subsection (1) (b) where the land has not more than one road alignment, not more than 1.5 metres from the road alignment and so as to be clearly visible from the road; (iii) in any other case, not more than 1.5 metres from each road alignment of the land and so as to be clearly visible from the road ; and (iv) in the case of an application referred to in subsection (1) (b) (ii) and without derogating from the requirements of subparagraphs (i), (ii) or (iii), on the proposed road bounding allotments external to the land to which the application relates or applies and so as to be clearly visible from those allotments, and shall be kept so posted at all times during the period of 30 days in the case of an application specified in subsection (1) (a) and 14 days in the case of any other application terminating upon the expiration of the date specified in the notice as the date on or before which objections may be lodged which date in this section is referred to as " the last day for the receipt of objections) "; (b) shall state- (i) in the circumstances referred to in subsection (1) (a)- (A) the postal address and real property description of the land to which the application relates or applies; (B) the area of the land; (C) the zone from which the land is proposed to be excluded; (D) the zone in which the land is proposed to be included; and (E) the use desired to be made of the land following rezoning; (ii) in the circumstances referred to in subsection (1) (b)- (A) the postal address and real property description of the land to which the application relates or applies; (B) the area of the land; (C) the number of allotments, if any, into which the land is proposed to be subdivided; (D) the current zoning of the land; and (E) the use desired to be made of the land following the proposed road opening or subdivision; (iii) in the circumstances referred to in subsection (1) (c)- (A) the postal address and real property description of the land to which the application relates or applies; (B) the area of the land; (C) the length of road frontage (frontage to each road, if more than one, to be shown separately); (D) the nature of the proposed use;

City of Brisbane Town Planning Act & Another Act Amdt Act 1980, No. 18 237 (E) where the application relates to the erection of any building or other structure, the following particulars of such building or other structure:- the dimensions and Gross floor area: and the number of storeys; (F) the number of motor vehicles for which parking provision is to be made on the land; (G) the number of employees proposed to be engaged on the land; and (H) the nature of machinery proposed to be used on the land: (iv) that the application and accompanying documents or a copy thereof shall be open to inspection by any person at the prescribed place, naming that place, on or before the last day for the receipt of objections, specifying the date thereof; (v) that objections to the granting of the application may be lodged with the Town Clerk on or before the last day for the receipt of objections specifying the date thereof; (vi) the requirements with respect to objections prescribed by subsection (5) (b); and (c) in the case of a notice to which subsection (1) (d) (i) or (1) (d) (ii) applies, shall contain a sketch of the land to which the application relates or applies and the land on which the notice is required to be posted. (2A) The advertisement in a newspaper pursuant to subsection (1) (f) shall be given at the same time as or within seven days before notice of the application is posted on land pursuant to subsection (1) (d), and shall state- (a) in the circumstances referred to in subsection (1) (a)- (i) the postal address of the land to which the application relates or applies; (ii) the zone from which the land is proposed to be excluded; (iii) the zone in which the land is proposed to be included: (b) in the circumstances referred to in subsection (1) (b)- (i) the postal address of the land to which the application relates or applies; (ii) the zone in which the land is included; (iii) the number of allotments, if any, into which the land is proposed to be subdivided; (c) in the circumstances referred to in subsection (1) (c)- (i) the postal address of the land to, which the application relates or applies; (ii) the zone in which the land is included: (iii) the nature of the proposed use, which may be described by the use of a word or term defined in the Plan; (d) that a copy of the application and accompanying documents is open to inspection by any person at the prescribed place, naming that place;

238 City of Brisbane Town Planning Act & Another Act Amdt Act 1980, No. 18 (e) that objections to the granting of the application may be lodged with the Town Clerk on or before the last day for the receipt of objections, specifying the date thereof. (3) The notice of application served pursuant to subsection ( 1) (e)- (a) shall be given at the same time as or within 7 days before notice of the application is posted on land pursuant to subsection (1) (d); (b) shall be sufficiently served on an 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; (c) shall contain the information specified in subsection (2) (b) and where applicable subsection (2) (c). (4) Upon the lodging in duplicate with the Town Clerk of an application to which subsection (1) applies, the Council shall thereafter and at all times during which its offices are open for the conduct of public business on or before the last day for the receipt of objections to that application, keep open to inspection the application and accompanying documents or a copy thereof at the prescribed place. (4A) Where an applicant gives public notice and, if applicable, serves notice of an application pursuant to subsection (1), he shall during the period of 7 days next following the date stated in such notice or notices as the last day for the receipt of objections or during such longer period as the Town Clerk may in a particular case allow, lodge at the prescribed place- (a) a statutory declaration stating facts that establish that the applicant has complied with all the relevant provisions of this section concerning the giving of public notice and the serving of notice of the application ; (b) a copy, in writing, of any public notice alleged by such statutory declaration to have been given pursuant to subsection (1) (d); and (c) a copy of the notice, if any, alleged by such statutory declaration to have been served pursuant to subsection (1) (e); (d) a copy of any public notice alleged by such statutory declaration to have been given pursuant to subsection (1) (f) with the name of the newspaper and the date of publication endorsed thereon. (4B) An application specified in subsection (1) (c) shall, where the application relates to a major shopping development, be accompanied by an economic impact assessment except where such an assessment has already been furnished to the Council pursuant to section 8 (2) (c). (5) (a) A person may on or before the last day for the receipt of objections make and lodge an objection to an application the making whereof has been notified under this section. (b) An objection pursuant to paragraph (a)- (i) shall be in writing and signed by each person who makes the objection ; (ii) shall be addressed to the Town Clerk;

City of Brisbane Town Planning Act & Another Act Amdt Act 1980, No. 18 239 (iii) shall state- (A) the name and address of each person who makes the objection; and (B) the grounds of objection and the facts and circumstances relied on by the objector or objectors in support of those grounds; (iv) if the objection is made by more than one person, may state the name and address of the objector nominated as the person to whom a notice under subsection (6) is to be given in respect of the application the subject of the objection; and (v) shall be lodged with the Town Clerk. (SA) For the purpose of deciding an application to which subsection (1) applies, the Council or its delegate shall forthwith consider every objection thereto made and lodged in accordance with subsection (5). (6) (a) Subject to paragraph (b), where the Council or its delegate proposes to grant an application to which subsection (1) applies, the Town Clerk shall give notice accordingly to every person who has made and lodged as prescribed by subsection (5) an objection to the granting of the application. (b) Where an.objection duly made and lodged with the Town Clerk is so made and lodged by more than one person- (i) it shall be sufficient notification for the purposes of paragraph (a) if the Town Clerk notifies the person whose name first appears on the objection or, where the objection nominates a person as the person to whom such a notice is to be given, that person; and (ii) thereupon for the purposes of paragraph (a) it shall be deemed that each person who made and lodged the objection was notified by the Town Clerk at the same time as the person whose name or signature first appears on the objection or, as the case may be, the person nominated as the person to whom a notice under this subsection is to be given."; (b) in subsection (8), adding at the end thereof the following paragraph:- WWhheerree an objection is made and lodged by more than one person every person who made and lodged the objection may appeal pursuant to this subsection."; (c) omitting subsection (14) and substituting the following subsection " (14) For the purposes of subsections (12) 'and (13), where the appellant withdraws his appeal, it shall be deemed that the appeal was dismissed by the Court- (a) in a case where the appeal is withdrawn by leave of the Court, on the day such leave is given; (b) in any other case, on the day the Council is served with a copy of the notice of withdrawal of the appeal duly filed in the Court."; (d) omitting subsection (18).

240 City of Brisbane Town Planning Act & Another Act Amdt Act 1980, No. 18 21. Repeal of s. 22A. The Principal Act is amended by repealing section 22A. 22. Amendment of s. 22B. Section 22s of the Principal Act is amended by- (a) in subsection (7), omitting the expression " subsection (9) " and substituting the expression " section 20D "; (b) omitting subsection (9). 23. New ss. 22C, 22D. The Principal Act is amended by inserting after section 22s the following sections.- " 22C. Effect of certain decisions on further applications in respect of re-zoning , road opening , subdivision or erection or use of building or other structure or use of land . (1) Where under section 8 an application made to the Council in respect of the exclusion of land from a zone and the inclusion of the land so excluded in another zone, or under the Plan in respect of the opening of a new road or the subdivision of land, or the erection or use of any building or other structure on land or the use of land is refused by the Council or its delegate, the Council or its delegate shall not be bound to consider any further application in respect of the re-zoning of such land, opening of such road or subdivision of such land or the erection or use of any building or other structure on such land or the use of such land made within 12 months after the date of refusal of the first application if it is satisfied that the further application is not substantially different from the first application and makes a decision accordingly. (2) Where the Council or its delegate makes a decision pursuant to subsection (1), the Town Clerk shall, within seven days after the making thereof, notify the person who made the further application of that decision. The notification shall contain or be accompanied by a copy of this section. An applicant who is dissatisfied with a decision of the Council or its delegate pursuant to subsection (1) may appeal to the Court against that decision. An appeal pursuant to this subsection may be instituted within 30 days after the date of the receipt by the applicant of the notification of the decision, but not later. 22D. Discretionary powers of Governor in Council and Court in case of non - compliance with procedure . (1) Where, in respect of- (a) a submission by the Council to the Minister for the approval by the Governor in Council of a proposed new Plan under section 4; (b) an application- by the Council to the Minister for amendment of the. Plan under section 6; or

City of Brisbane Town Planning Act & Another Act Amdt Act 1980, No. 18 241 (c) a recommendation of the Minister to amend the Plan under section 7, a provision of the section in question has not been complied with but the Governor in Council considers- (d) that there has been substantial compliance with the provision; and (e) that no person has been adversely affected by such non-compliance, the Governor in Council may direct that it be taken that such provision has been complied with and thereupon he may consider the submission, application or recommendation concerned as if there had been full compliance with the section in question. (2) Where in respect of an application to which section 22 applies a provision of that section has not been complied with but the Court considers- (i) that there has been substantial compliance with the provision; and (ii) that no person has been adversely affected by such non-compliance, the Court may direct that it be taken that such provision has been complied with and thereupon it shall be taken accordingly.". 24. Amendment of s. 24. Section 24 of the Principal Act is amended by omitting the expressions " $200 " and " $20 " and substituting the expressions " $1 000 " and " $100 " in each case respectively. 25. New s. 24A. The Principal Act is amended by inserting after section 24 the following section:- " 24A Liability for offence by body corporate . (1) Where a body corporate (other than a body corporate incorporated under the Building Units Titles Act 1965-1972 or the Group Titles Act1973) commits an offence against this Act, each of the following persons shall be deemed to have committed the offence and shall be liable to be proceeded against and punished accordingly:- (a) the person who at the time the offence is committed was the chairman of directors, managing director, manager or other governing officer by' whatever name called or other member of the governing body thereof by whatever name called; and (b) every person who at the time the offence is committed manages or acts or takes part in the management, administration or government of the business in Queensland thereof. (2) This section applies so as not to limit or affect in any way the liability of a body corporate to be proceeded against and punished for an offence against this Act committed by it. (3) It is a defence to a charge of an offence against this Act brought against a person specified in subsection (1) (a) or (1) (b) to prove that the offence was committed without that person's consent or connivance and that he exercised due diligence to prevent the commission of the offence.".

242 City of Brisbane Town Planning Act & Another Act Amdt Act 1980, No. 18 26. Repeal of and new s. 25. The Principal Act is amended by repealing section 25 and substituting the following section:- " 25. Planning ordinances . (1) The power of the Council to make ordinances shall include power to make- (a) as part of a new Town Plan prepared pursuant to section 4 (3); or (b) by way of amendment of the Plan pursuant to section 6, all such planning ordinances, designated as such, as are necessary or convenient to implement the new Town Plan or the Plan and to provide for, regulate and control the administration and execution of the new Town Plan or the Plan. (2) (a) The provisions of section 4 shall apply to the making and' approval of planning ordinances as part of a new Town Plan. (b) The provisions of section 6 shall apply to the making and approval of planning ordinances by way of amendment of the Plan. (3) Nothing in subsections (2), (3), (4), (5), (6), (7), (8), (9), (10), (11) or (12) of section 38 of the City of Brisbane Act1924-1980 shall apply with respect to the making and approval of planning ordinances. (4) A planning ordinance shall cease to have effect when the Plan in respect whereof it is made ceases to have effect. (5) For the purposes of subsection (4), those ordinances forming part of the Plan prepared and approved as provided by the City ofBrisbane Town Plan Modification Act1976 shall be deemed to be planning ordinances. 27. Amendment of s. 31. Section 31 of the Principal Act is amended by adding at the end thereof the following paragraphs:- " The Court shall not make any order as to the costs of proceedings heard and determined by it under the Local Government Act 1936-1980 after the commencement of the City of Brisbane Town Planning Act and Another Act Amendment Act 1980 and the parties to such proceedings shall each bear his own costs thereof. Notwithstanding the second and third paragraphs of this section, the Court may on application to it award costs- (a) where an appeal is withdrawn before it is determined by the Court and the Court considers that the appeal was frivolous or vexatious, against the appellant; (b) where the other party had not been given reasonable prior notice of intention to apply for such adjournment, against the party seeking an adjournment of an appeal or proceeding.". 28. 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 appointed pursuant to section 2 for the commencement of section 20 of this Act, and in respect of objections relating to or appeals arising out of such an application, as if this Act had not commenced and such application, objections and appeals shall be dealt with and disposed of accordingly.

City of Brisbane Town Planning Act & Another Act Amdt Act 1980, No. 18 243 29. New s. 34. The Principal Act is amended by inserting after section 33 the following section:- " 34. Regulations . (1) The Governor in Council may make regulations not inconsistent with this Act for or with respect to all matters required or permitted by this Act to be prescribed and all matters that in the opinion of the Governor in Council are necessary and convenient for the proper administration of this Act or to achieve the objects and purposes of this Act. (2) Without limiting the generality of subsection (1), regulations may be made for or with respect to the prescription of the area of land or the gross floor area of any building or other structure or part thereof the use of which for the purpose of shops will constitute a major shopping development within the meaning of that term pursuant to section 3.". PART III-AMENDMENTS OF THE CITY OF BRISBANE ACT 1924-1977 30. Citation . ( 1) In this Part, the City ofBrisbaneAct1924-1977 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the City ofBrisbane Act1924-1980. 31. Amendment of s. 38. Section 38 of the Principal Act is amended by- (a) omitting the words " The following provisions shall be applicable to ordinances:- "; (b) omitting provisions (1) to (3B) both inclusive and substituting the following subsections:- " (1) Subject to section 25 of the City of Brisbane Town Planning Act 1964-1980, the provisions of this section shall be applicable to the passing of ordinances. (2) Every resolution making an ordinance shall be passed at a special meeting of the Council called for that purpose. (3) After the passing of a resolution making an ordinance, the Council shall deposit in the prescribed place and thereafter keep open for inspection thereat a copy of the ordinance until after the expiration of the date specified, in accordance with subsection (4) (b), in the notice published as prescribed by that subsection. (4) After the copy of the ordinance has been deposited in the prescribed place in accordance with subsection (3) the Council shall by advertisement publish a notice at least once in a newspaper giving notice- (a) of the general purport of the ordinance; (b) that a copy of the ordinance has been deposited in the prescribed place, naming that place, and is open to the inspection of any person at that place up to and including a date specified in the notice being a date that is not earlier than 21 days after

244 City of Brisbane Town Planning Act & Another Act Amdt Act 1980, No. 18 the date of the publication of the notice in a newspaper or, where the notice is so published more than once, after the date of the first publication thereof; (c) that a copy of the ordinance may be procured from the Council on or before the date specified in the notice in accordance with paragraph (b) upon payment of such sum as the Council may fix by resolution but not exceeding the cost of printing or otherwise reproducing the copy, which sum shall be specified in the notice; and (d) that objections to the making of the ordinance may be lodged with the Town Clerk on or before the date specified in the notice in accordance with paragraph (b) and that any such objection- (i) shall be in writing and signed by each person who makes the objection; (ii) shall be addressed to the Town Clerk; (iii) shall state the grounds of objection and the facts and circumstances relied on by the objector in support of those grounds. (5) A copy of the notice published in accordance with the requirements of subsection (4) shall be posted for the information of the public in a prominent position in the prescribed place and remain so posted from the date when the notice is first published in a newspaper up to and including the date specified in the notice in accordance with subsection (4) (b), (6) The copy of the ordinance deposited in accordance with subsection (3) shall be open to the inspection of any person without charge at the prescribed place up to and including the date specified in the notice in accordance with subsection (4) (b) at all times during which the offices of the Council are open for the conduct of public business. (7) A person may, at any time before the expiration of the day of the date specified in the notice published in accordance with the requirements of subsection (4) on or before which a copy of the ordinance may be procured, request the Council to furnish him with a copy of the ordinance on payment of the sum specified in that notice and the Council shall cause the copy so requested to be sent by post to that person forthwith on the receipt of the request by the Council except where the request is made personally by or on behalf of the person so requesting and a copy of the ordinance has been, then and there, delivered to that person or, as the case may be, to the person making the request on his behalf. (8) A person may object to the making of an ordinance provided such objection is made and lodged with the Town Clerk in accordance in all respects with the provisions of subsection (4) (d) and the Council shall consider every objection so made and lodged.

City of Brisbane Town Planning Act & Another A ct Amdt Act 1980. No. 18 245 (9) After the Council has, pursuant to subsection (8). considered every objection to the making of an ordinance and resolves to proceed with steps for its implementation. it shall submit the ordinance for the approval of the Governor in Council. (10) When an ordinance is submitted for the approval of the Governor in Council. it shall have attached thereto under the seal of the Council a certificate by the Mayor and the Town Clerk that the requirements of this section have been complied with in respect of the ordinance and shall be accompanied by- (a) a copy of each notice published in accordance with subsection (4) with the name of the newspaper and the date of publication endorsed thereon ; (b) all objections to the making of the ordinance duly made and lodged with the Town Clerk: and (c) the representations by the Council in respect of all such objections. (11) The Governor in Council shall consider every ordinance so submitted and all objections and representations accompanying such ordinance and may reject the ordinance or may approve of the ordinance wholly or in part. The power of the Governor in Council to approve an ordinance in part includes power to make all such amendments of the ordinance as the Governor in Council, having regard to the ordinance and to the objections and representations which accompanied the ordinance, deems fit. Where the Governor in Council approves of an ordinance it shall be published in the Gazette and thereupon that ordinance shall have the same force and effect as if it were enacted in this Act and shall not be questioned in any proceedings whatsoever. (12) In this section, the expression " prescribed place " means an office of the Council at which public business is conducted, which office is at or within one kilometre of the City Hall and, if not at the City Hall, is nominated for the time being by the Council and is in the opinion of the Minister centrally and conveniently situated."; (c) designating the existing provisions (4) to (16) both inclusive as subsections (13) to (25) both inclusive respectively; (d) in subsection (14) as so designated, omitting the words " one hundred dollars " and substituting the expression " $500 "; (e) in subsection (15) as so designated omitting the words " twenty dollars " and substituting the expression " $50 ". 32. Saving operation of s. 38. (1) Where prior to the date of commencement of section 31 of this Act the Council has initiated action to make an ordinance under and pursuant to section 38 of the Principal Act as in force immediately before that date and a resolution for passing the ordinance has been agreed to by the Council, section 38 of the Principal Act as so in force shall continue to apply in relation to the

246 City of Brisbane Town Planning Act & Another Act Amdt Act 1980, No. 18 advertising, confirmation, sealing, submission for approval and approval or rejection of such ordinance as if section 31 had not commenced and action in respect of such ordinance shall proceed accordingly. (2) Where an office of the Council was immediately prior to the date of commencement of section 31 of this Act the prescribed place for the purposes of section 38 of the Principal Act as then in force, that office shall be deemed to be the prescribed place for the purposes of section 38 of the City of Brisbane Act1924-1980 until another office is nominated to be the prescribed place in accordance with such section 38. 33. Amendment of s. 40. Section 40 of the Principal Act is amended by- (a) in subsection (1), (i) inserting after paragraph (c) the following paragraph:- 41 (d) A Separate Fund in respect of each separate rate levied "; (ii) omitting the second paragraph and substituting the following paragraphs:- The Funds shall be separate and distinct. Separate banking accounts shall be kept for the City Fund, Loan Fund and Trust Fund. A separate banking account may be kept for each Separate Fund or one consolidated banking account may be kept for all Separate Funds. Where a consolidated banking account is kept, the books and accounts of the Council shall be so kept that the bank balances of each Separate Fund included therein shall be readily ascertainable at any time and from time to time."; (b) adding at the end thereof the following heading and subsection:- " SEPARATE FuNDs (5) Separate Funds . (a) A Separate Fund shall consist of the moneys following, that is to say:- (i) all moneys received in payment of the separate rate for which the Separate Fund was established; (ii) all moneys received by the Council in respect of the particular function for which the separate rate is made and levied. (b) A Separate Fund shall be applied to expenditure necessarily incurred in respect of the particular function for which the separate rate for which the Separate Fund was established was made and levied. (c) Where a Separate Fund is closed the balance standing at credit therein shall be transferred to the City Fund.". 34. Amendment of s. 44. Section 44 of the Principal Act is amended by- (a) in the part thereof under the head note " Rating powers "- (i) omitting the word " rate " wherever occurring in the first paragraph and the proviso thereto and substituting in each case respectively the words " general rate ";

City of Brisbane Town Planning Act & Another Act Amdt Act 1980, No. 18 247 (ii) in the proviso, omitting the words " rural land which is not in demand for building sites or residential areas or for any purpose other than rural pursuits and which " and substituting the words " land that "; (iii) in the second paragraph, in subparagraph (c), omitting the words " the rate " where they twice occur and substituting in each case respectively the word " rates "; (b) adding at the end thereof the following provision:- Sepaarraattee rates for particular functions . The Council may in each year make and levy separate rates for particular functions of local government under this Act or any other Act for the special benefit of any particular part of the City. Such separate rate shall be made and levied equally on the rateable value of land in the benefited area approved by the Governor in Council as herein provided. Before such separate rate shall be made and levied, the question whether the exercise and performance of the particular function of local government is or is not for the special benefit of any particular part of the City shall be referred by the Council to the Minister who shall refer the matter to the Governor in Council. The Governor in Council shall have power to decide that question and to define the part of the City specially benefited. For the purpose of defining the part of the City to be specially benefited, the Council shall so delineate such part on a map and shall supply three copies thereof to the Minister. A separate rate made and levied pursuant to this subsection may be used for the purpose of defraying interest and redemption charges incurred by the Council in respect of the particular function or particular functions of local government in relation to which the separate rate is made and levied.". 35. Amendment of s. 44A. Section 44A of the Principal Act is amended by, in subsection (3), inserting after the words " general rates the words ", separate rates ".