City of Brisbane Town Planning Act and Another Act Amendment Act 1985 (Qld)

195 (J ueenskrnb E'[_.^^^fUNJ ANNO TRICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 15 of 1985 An Act to amend the City of Brisbane Town Planning Act 1964 - 1984 and the Cityof Brisbane Town PlanningAct Amendment Act 1983 each in certain particulars and for related purposes [ASSENTED TO 4TH APRIL, 1985]

196 City of Brisbane Town Planning Act and Another Act Amendment Act 1985, No. 15 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title . This Act may be cited as the City of Brisbane Town Planning Act and Another Act Amendment Act 1985. 2. Commencement . (1) This Part and Part III shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) The Governor may by Proclamation- (a) appoint a date on which this .Act (other than Parts I and III) shall commence; or (b) appoint dates on which the provisions (other than the provisions of Parts I and III) of this Act specified in the Proclamation shall commence. Such dates may be appointed in one Proclamation or in different Proclamations. Except as provided in subsection (1), this Act or a provision thereof specified in the Proclamation shall commence on the date appointed by Proclamation made under this subsection for the commencement of this Act or, as the case may be, that provision. 3. Arrangement of Act. This Act is arranged as follows:- PART I-PRELIMINARY (ss. 1-3); PART II-AMENDMENTS OF CITY OF BRISBANE TOWN PLANNING ACT 1964-1984 (ss. 4-7); PART III-AMENDMENTS OF CITY OF BRISBANE TOWN PLANNING ACT AMENDMENT ACT 1983 ( ss. 8-9). PART II-AMENDMENTS OF CITY OF BRISBANE TOWN PLANNING ACT 1964-1984 4. Citation . (1) In this Part the City of Brisbane Town Planning Act 1964-1984 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 1964-1985. 5. Amendment of s. 20E. Agreements as to works . Section 20E of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:- "(2) The Council shall expend upon the works provided for in an agreement entered into pursuant to subsection (1) all sums which are paid to it under the agreement."

City of Brisbane Town Planning Act and Another Act Amendment Act 1985, No. 15 197 6. Amendment of s. 22. Objection to certain applications and appeals by objectors. Section 22 of the Principal Act is amended by- (a) in subsection (1), in paragraph (b), after the words "Local Government Act 1936-1980", inserting the words "or an application referred to in subsection (IA)"; (b) after subsection (1), inserting the following subsection- -(IA) Subsection (1) to the extent that it requires the giving of public notice or the serving of notice of an application for approval by the Council or its delegate to subdivide land or to open a new road shall not apply- (a) where the purpose of the subdivision is solely to provide an allotment or allotments for use or an area for separate occupation by The Scout Association of Australia Queensland Branch, the Girl Guides Association (Queensland, Australia), any statutory body representing the Crown, any authority empowered by any Act to provide public utility services or any other organization approved by the Minister; or (b) where the proposed road opening is in respect of land owned by the Council and held by it for the purpose of controlling, restricting, limiting or prohibiting access to a road.". 7. Repeal of and new s. 22A. Restriction on combined use of land etc., for service station and shop etc. (1) The Principal Act is amended by repealing section 22A and substituting the following section:- "22A. Prohibition on combined use of land etc., for service station and shop etc. (1) Subject to subsection (2) and notwithstanding anything contained in the Plan any land, or any building or other structure on land, shall not be used as a service station in combination with any of the following uses each of which is in this section called a "specified use"- (a) local store; (b) shop; or (c) shopping complex. (2) The provisions of subsection (1) shall not prevent the use of any land, building or other structure as a service station in combination with a specified use where- (a) 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 .4ct and Another Act Amendment Act 1985; (b) consent for the use in question has been granted before the commencement of the City of Brisbane Town Planning Act and.-Another Act Amendment Act

198 City of Brisbane Town Planning Act and Another Act Amendment Act 1985, No. 15 1985 and the use is effected in conformity with that consent; or (c) the land in question is included in a zone to permit its use for that purpose pursuant to an application determined in accordance with section 7 (2) of the City of Brisbane Town Planning Act and Another Act Amendment Act 1985 and the use is effected in conformity with that determination. (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 to constitute a lawful non-conforming use of the land, building or other structure in question under the Plan. (4) In the application of subsections (I) and (2), the terms "service station", "local store", "shop" and "shopping complex" shall have the meanings respectively assigned to them by the Plan.". (2) Where, prior to the day on which the Bill for this Act was introduced into the Legislative Assembly, an application pursuant to section 8 of the Principal .Act to exclude land from a zone and to include that land in another zone to permit its use for the purpose of a service station in combination with a specified use as defined in subsection (1) has been duly made, that application shall be determined pursuant to the Principal Act as if subsection (1) of this section had not been enacted. PART III-AMENDMENTS OF CITY OF BRISBANE TOWN PLANNING ACT AMENDMENT ACT 1983 8. Citation. (1) In this Part the City of Brisbane Town PlanningAct Amendment Act 1983 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 Amendment Act 1983-1985. 9. Amendment of s. 9 . New s. 22E. Applicant may be required to pay or contribute towards cost of works. Section 9 of the Principal Act is amended in section 22E inserted in the City of Brisbane Town Planning Act 1964-1982 by the said section 9 by:- (a) after subsection (1), inserting the following subsection:- "(1 A) For the purposes of paragraph (c) of subsection (1), the Council shall be deemed to have constructed or be constructing a water supply scheme or a sewerage scheme, as the case may be, where the relevant land is serviced or will be capable of being serviced by a water supply scheme or a sewerage scheme

City of Brisbane Town Planning Act and Another Act Amendment Act 1985, No. 15 199 or both a water supply scheme and a sewerage scheme that is or are, as the case may be, operated and maintained by- (a) another Local Authority within the meaning of the Local Government Act 1936-1984; (b) a Joint Local Authority within the meaning of the Local Government Act 1936-1984; or (c) a body constituted pursuant to the provisions of some other Act, and the Council has entered into an agreement with that other Local Authority, Joint Local Authority or body with regard to the provision of water supply services or sewerage services, as the case may be."; (b) after subsection (4), inserting the following subsection:- "(4A) Where, after the commencement of section 9 of the City ofBrisbane Town Planning Act Amendment Act 1983-1985- (a) an application is made to the Council for approval to open a new road or to subdivide any land and- (i) the relevant land was at the date of that commencement included in a zone under the Plan which would permit of its use for the purpose envisaged by the application for approval to open the new road or to subdivide the land without the consent of the Council or its delegate being obtained; or (ii) consent had been granted by the Council or its delegate under the Plan prior to the date of that commencement for the use of the land for the purpose envisaged by the application in question; and (b) water supply headworks or sewerage headworks or both water supply headworks and sewerage headworks , as defined in subsection ( 13), as the case may be, are available to service the relevant land, the Council or its delegate shall not in relation to that application impose, pursuant to subsection (1), any condition requiring the applicant to pay the cost or a contribution towards the cost of sewerage headworks , water supply headworks or both sewerage headworks and water supply headworks save where , immediately prior to the commencement of section 9 of the City ofBrisbaneTown Planning Act Amendment Act 1983-1985, there was in existence an ordinance made by the Council pursuant to section 25 (whether or not that ordinance has since been repealed) requiring an applicant for approval to open a new road or to subdivide land to contribute towards the cost of the provision

200 Cir. r of Brisbane Town Planning Act and Another Act Amendment Act 1985, No. 15 of water supply or sewerage or water supply and sewerage to the land to be subdivided or. as the case may be. to the land that will abut the new road: Provided that such a condition shall not require the applicant to make a contribution greater than the amount of the contribution that would have been payable under that ordinance."; (c) after subsection (6), inserting the following subsection:- "(6.A) In specifying works. structures or equipment for the purposes of paragraph (b) of subsection (6) the Council may, where it is deemed to have constructed or be constructing a water supply scheme or a sewerage scheme pursuant to subsection (IA). specify works, structures or equipment operated and maintained by the other Local Authorit. Joint Local Authority or body, as the case may be, referred to' in that subsection that are relevant to the servicing with water supply or sewerage of lands in the City of Brisbane pursuant to an agreement entered into by the Council with that other Local Authority, Joint Local Authority or body.": (d) in subsection (7), omitting subparagraph (a) and substituting the following subparagraph:- "(a) the estimated cost of the construction and augmentation of the water supply scheme or sewerage scheme in respect of which contributions 'are to be made under this section:": (e) in subsection (9). omitting paragraph (a) and substituting the following paragraph:- "(a) in the case of an application referred to in paragraph (e) or (g) of subsection (1) or, in paragraph (h) of subsection (1) wherein it is stated that having regard to the use which is desired to be made of the relevant land it is proposed to subdivide the relevant land, within 14 days after the date of receipt by the Council of notification by the applicant of his intention to commence works associated with the subdivision of the land (he being hereby required to give the Council not less than 14 days notice of his intention):"; (f) after subsection (12) inserting the following subsection:- "(12A) The Council shall within 21 days of the date of receipt by it of an application and upon payment of the fee fixed by the Council from time to time by resolution supply to the applicant details of all contributions made to it in respect of water supply headworks , sewerage headworks, water supply works external and sewerage works external in respect of a particular parcel of land specified in the application whether or not such

City of Brisbane Town Planning Act and Another Act Amendment Act 1985, No. 15 201 contributions were made before or after the commencement of section 9 of the City of Brisbane Town Planning Act AmendmentAct 1983