City of Gold Coast (Harbour Town Zoning) Act 1990 (Qld)

1533 CITY OF GOLD COAST (HARBOUR TOWN ZONING) ACT ANALY SIS OF CONTENTS 1. Short title 2. Interpretation 3. Order in Council taken never to have been made 4. Uses with consent 5. Conditions for development for regional shopping centre 6. Declaration by Minister 7. Development following declaration by Minister 8. No right to compensation SCHEDULE I SCHEDULE 2 SCHEDULE 3 ueeuslaua ANNO TRICESIMO NONO ELIZABETHAE SECUNDAE R EGINAE 1-4c. (39 of 1990 An Act to make certain provision in relation to the Town Planning Scheme for the City of Gold Coast, and for related purposes [ASSENTED TO 7TH D ECEMBER, 1990]

1534 City of Gold Coast ( Harbour Town Zoning ) Act 1990, No. 89 BE IT ENACTED by the Queen ' s Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same , as follows:- 1. Short title. This Act may be cited as the City of Gold Coast ( Harbour Town Zoning ) Act 1990. 2. Interpretation. In this Act, unless the contrary intention appears- "consent" means the consent of the Gold Coast Council under subsection 33 (18) of the Local Government Act 1936-1990; "economic impact assessment" has the same meaning as in section 33 of the Local Government Act 1936-1990; "Gold Coast Council" means the Council of the City of Gold Coast; "Gold Coast Town Planning Scheme" means the town planning scheme for the Area of the City of Gold Coast prepared under section 33 of the Local Government Act 1936-1990; "Harbour Town land" means the land specified in Schedule 1; "Harbour Town Order in Council" means the Order in Council dated 13 July 1989 made in relation to the Harbour Town land and published in the Gazette of 15 July 1989 at page 2391; "retail floor space" means the area calculated in accordance with Schedule 3. 3. Order in Council taken never to have been made . The Harbour Town Order in Council is taken never to have been made. 4. Uses with consent. (1) The Harbour Town land may, with the consent of the Gold Coast Council, be lawfully used under the Gold Coast Town Planning Scheme for the purposes mentioned in Part 2 of Schedule 2. (2) The Harbour Town land is taken to have been included in the Special Facilities Zone of the Gold Coast Town Planning Scheme on and from 15 July 1989, with the red lettering on the scheme maps being as described in Part 2 of Schedule 2. (3) Subsection (1) does not limit or restrict the purposes for which the Harbour Town land may lawfully be used apart from this section. 5. Conditions for development for regional shopping centre. The following conditions are prescribed for the purposes of a proposed development of the Harbour Town land for a regional shopping centre- (a) the regional shopping centre must- (i) have, or, if the plan of development has more than one stage, have in the first stage, retail floor space of not less than 45,000 square metres and not more than 50,000 square metres; and

City of Gold Coast ( Harbour Town Zoning ) Act 1990, No. 1535 89 (ii) include , or, if the plan of development has more than one stage , include in the first stage- (A) at least one major department store (not being of a kind known as a discount store ) with a retail floor space of at least 10 , 000 square metres; and (B) at least one supermarket that is not included in a department store; and (C) at least 60 specialty shops that are not included in a department store; (b) the Gold Coast Council must notify the Minister, in writing- (i) that an economic impact assessment that supports the development has been submitted to it; and (ii) that it has approved the nature and type of the development; and (iii) that it has imposed reasonable and relevant conditions on the development; and (iv) that the owner of the Harbour Town land has agreed to the conditions. 6. Declaration by Minister . The Minister may, by notification published in the Gazette, declare that the Minister is satisfied that all of the conditions prescribed by section 5 have been met in relation to a proposed development of the Harbour Town land for a regional shopping centre. 7. Development following declaration by Minister. (1) If the Minister makes a declaration under section 6 in relation to a proposed development of the Harbour Town land for a regional shopping centre- (a) the conditions mentioned in paragraph 5 (b) attach to the Harbour Town land and are binding on successors in title; and (b) the development may be carried out; and (c) the Harbour Town land may, without the consent of the Gold Coast Council, be lawfully used under the Gold Coast Town Planning Scheme for the purposes of the regional shopping centre mentioned in paragraph 5 (a); and (d) on and from the making of the declaration, the red lettering on the scheme maps mentioned in subsection 4 (2) is taken to be as described in Schedule 2.

1536 City of Gold Coast (Harbour Town Zoning ) Act 1990, No. 89 (2) Subsection (1) does not limit or restrict the purposes for which the Harbour Town land may lawfully be used apart from this section. 8. No right to compensation . Compensation is not payable by the Crown or the Gold Coast Council merely because of- (a) the enactment or operation of this Act; or (b) anything done for the purposes of carrying out or giving effect to this Act.

City of Gold Coast ( Harbour Town Zoning ) Act 1990 , No. 1537 89 SCHEDULE 1 THE HARBOUR TOWN LAND [s. 2] County of Ward Parish of Barrow Lot 5 on R.P. 194666 Lot 2 on R.P. 194667 Lot 14 on R.P. 194703 Lot 9 on R.P. 194704 Lots 33 and 34 on R.P. 215012 Lot 4 on R.P. 98234 Lot 320 on Plan W.D. 6207 Part of Lot 101 on R.P. 194668 As shown on Sheets 6/39 and 9/69 of the scheme maps of the Gold Coast Town Planning Scheme and as now described as Lot 705 R.P. 228361 county of Ward, parish of Barrow. 50

1538 City of Gold Coast ( Harbour Town Zoning ) Act 1990, No. 89 SCHEDULE 2 [ss. 4 and 7] PERMITTED USES OF THE HARBOUR TOWN LAND Part 1-As of right uses The regional shopping centre mentioned in paragraph 5 (a) of the Cityof Gold Coast (Harbour Town Zoning) Act 1990 Part 2-Consent uses Accommodation buildings Caretaker's residences Car parks Child care centres Civic centres Commercial premises Commercial services Display homes Duplex dwellings Dwelling-houses Educational establishments General stores Group housing developments Hospitals Hotels Indoor recreations International hotels Laundries Medical centres Multi-unit buildings Night clubs Outdoor recreations Parks Passenger terminals Places of worship Public utilities Reception rooms Restaurants Retail plant nurseries Retail showrooms Retirement villages Service industry premises Service stations Shops Special uses Take-away food premises Temporary sales offices Tourist facilities Tourist shops Vehicle sales premises Vehicle hire premises Veterinary surgeries Warehouses Waterfront recreations Waterfront shops

City of Gold Coast ( Harbour Town Zoning ) Act 1990 , No. 1539 89 SCHEDULE 3 [s. 2] RULES FOR CALCULATION OF RETAIL FLOOR SPACE 1. The retail floor space of a shopping centre is the total area of the shopping centre that is available for lease or rent, and includes any part of the mall area of more than 10 square metres that is available for lease or rent. 2. The retail floor space of a department store is the total area available for lease or rent for the purpose of the department store. 3. Areas are to be measured- (a) at floor level; and (b) in the case of an external building wall, fire passage wall, service passage wall or similar wall-from the finished surface of the side of the wall that abuts on the area available for lease or rent; and (c) in the case of an inter-tenancy wall-from the centre line of the wall; and (d) in the case of a shopfront-from the mall alignment as determined and indicated on the appropriate floor plan, regardless of whether or not the shopfront is set back (in whole or part) from the mall alignment. 4. The following areas are taken to be areas available for lease or rent- (a) areas within an area available for lease or rent that are occupied by window mullions, window frames, structural columns or engaged perimeter columns or piers; (b) areas occupied by additional facilities constructed for a particular tenant or group of tenants (other than an area to which rule 5 applies). 5. The following areas are taken to be areas not available for lease or rent- (a) areas occupied by facilities such as stairs, recessed doorways, toilets, cupboards, lift shafts, plant rooms or service areas if the facilities are available for the use of tenants generally of the shopping centre; (b) areas set aside- (i) as public spaces or thoroughfares; or (ii) for use by service vehicles; or

1540 City of Gold Coast ( Harbour Town Zoning) Act 1990, No. 89 (iii) access ways for service vehicles; if the areas are not for the exclusive use of a particular tenant or group of tenants; (c) areas with less than 1.5 metres clear height above floor level.