Hospitals Act Amendment Act 1982 (Qld)

713 (1ueens{at h ANNO TRICESIMO PRIMO ELIZABETHAE SECUNDAE REGINAE No. 44 of 1982 An Act to amend the Hospitals Act 1936-1981 in a certain particular [ASSENTED TO 6TH OCTOBER, 1982]

714 Hospitals Act Amendment Act 1982, No. 44 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Hospitals Act Amendment Act 1982. (2) In this Act the Hospitals Act 1936-1981 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Hospitals Act 1936-1982. 2. New s. 28. The Principal Act is amended by, in Division 6 of Part III, adding after section 27 the following section:- " 28. Exemption of Board from certain laws governing use of land and buildings etc. (1) Where discharge by a Board of its function under this Act includes the use of any land or the erection or use of any building or other structure, the provisions of any Act or by-law, ordinance or regulation made under an Act or of the Town Plan for the City of Brisbane or of any town planning scheme that would but for the provisions of this section- (a) govern the use of the land or the erection or use of the building or other structure in question; or (b) require the consent, permission or approval of a Local Authority or person other than the Minister to be obtained in respect of the use or erection in question, do not apply and never have applied in respect of such a use or erection, which shall not be held to be unlawful by reason only that it is or was in disregard of or contrary to any such provisions. (2) Where before the passing of the Hospitals Act Amendment Act 1982 the use of any land or the erection or use of any building or other structure such as is referred to in subsection (1) has been found to be unlawful by reason of its being in disregard of or contrary to any provision such as is referred to in that subsection the finding shall cease to be of any force or effect upon the passing of that Act and the use of the land or the erection or use of the building or other structure in question shall be lawful and be taken to have always been lawful. This subsection shall not be construed so as to prejudice any challenge to the lawfulness of the use or erection in question upon a ground other than the reason referred to herein. (3) The provisions of subsections (1) and (2) shall not operate so as to excuse a Board from compliance with the provisions of the Building Act1975-1981 except- (a) provisions that relate to a requirement to make application to a Local Authority for its approval of the erection of a building or other structure;

Hospitals Act Amendment Act 1982, No. 44 715 (b) provisions that relate to the classification of buildings under the Standard Building By-laws so far as that classification regulates the use to be made of such buildings; or (c) provisions, exclusive of the Standard Building By-laws, that confer on a Local Authority any power, authority or discretion or that impose on a Local Authority any function or duty.".