Land (Mt. Coot-tha Television Stations) Sales Act 1986 (Qld)

129 (Jueenslanb ANNO TRICESIMO QUINTO ELIZABETHAE SECUNDAE REGINAE No. 11 of 1986 An Act to provide for the disposal by the Crown and the Brisbane City Council of certain lands at Mt. Coot- tha and for related purposes [ASSENTED TO 26TH MARCH, 1986]

130 Land (Mt. Coot-tha Television Stations) Sales Act, 1986, No. 11 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 Land (Mt. Coot-tha Television Stations) Sales Act 1986. 2. Interpretation . In this Act, except where a contrary intention appears- "Council" means the Brisbane City Council constituted pursuant to the City of Brisbane Act 1924-1984; "excluded land" means land excluded from the Park in accordance with section 6; "Minister" means the Minister for Lands, Forestry, Mapping and Surveying or other Minister of the Crown charged with the administration of this Act and includes a Minister of the Crown for the time being performing the duties of the Minister; "Park" means the Brisbane Forest Park within the meaning of the Brisbane Forest Park Act 1977-1981; "scheduled land" means the land described as resubdivision 2 of subdivision 24 of portion 824 County of Stanley, Parish of Enoggera and the land, be the same a little more or less, shown as lots 1, 6 and 7 on the survey plans reproduced in the First, Second and Third Schedules respectively; "Town Plan" means the Town Plan for the City of Brisbane in force for the time being; "trust land" means the land, be the same a little more or less, shown as lot 5 on the survey plan reproduced in the Second Schedule. 3. Registration of survey plans. (1) Upon lodgment for registration with the Registrar of Titles of a survey plan substantially in the form of a plan reproduced in the First, Second or Third Schedule, the Registrar, if he is satisfied that the plan is correct and the requirements of the Real Property Act 1861-1985 (other than the condition prescribed by section 119 (3) of that Act) have been complied with, shall register the plan in the manner prescribed by that Act notwithstanding that the condition prescribed by section 119 (3) aforesaid is not complied with and that the plan does not bear a notation of approval under the seal of the Council. (2) The subdivision by the Council of scheduled land by means of a survey plan registered under the authority of subsection (1) and the sale by the Council of any of the land subdivided by means of such a plan shall be deemed to be in compliance in all respects with the Cityof Brisbane Act 1924-1984, the City of Brisbane Town Planning Act 1964-1985 and the Town Plan.

Land (.eft. Coot-tha Television Stations) Sales Act, 1986, No. 11 131 4. Special provisions concerning sale of scheduled land. (1) The following provisions of law do not apply in respect of a sale by the Council of scheduled land for the purposes of this Act:- s., 32 of the Brisbane Forest Park Act 1977-1981; s. 19 (4) and (5) of the Local Government Act 1936-1986. (2) Every sale by the Council of scheduled land for the purposes of this Act shall be for such consideration and on such terms and conditions as the Council determines by resolution and are agreed to by the purchaser. 5. Surrender of trust land to Crown and grant thereof to Queensland Television Ltd. (1) As soon as is practicable after the passing of this Act the Council shall surrender to the Crown all its estate, right, title and interest in the trust land. (2) Upon surrender of the trust land to the Crown the Governor in Council shall grant to the corporation incorporated in the name, Queensland Television Ltd., in priority to all other persons, but otherwise in accordance with the Land Act 1962-1985, an estate in fee simple in the trust land free from all trusts, express or implied, that previously affected the land at a price of $39.54 per square metre of the area of the land and the payment of new title, assurance and survey fees payable. 6. Exclusion of land from Park. Upon registration of a memorandum of transfer in respect of any scheduled land in the name of the purchaser from the Council being a purchaser who has agreed in writing to put the land to the use specified in section 7 or upon the issue of a Deed of Grant in respect of any trust land in the name of the grantee thereof that scheduled land or, as the case may be, that trust land shall be excluded from the Park. 7. Permitted use of excluded land. (1) Notwithstanding the provisions of the City of Brisbane Town Planning Act 1964-1985 or the Town Plan, excluded land may be used for Television Station Purposes or for purposes incidental thereto and the provisions of the Town Plan and that Act shall apply thereto as if the land were included under the Town Plan in a Special Uses Zone in respect of which the purpose indicated on the relevant scheme maps included in the Town Plan was "Television Station Purposes" and the scheme maps shall be noted accordingly by the Director of Local Government and the Council. (2) The registered proprietor for the time being of excluded land (being other than the Council, should it acquire any excluded land pursuant to section 8) shall use the land for the purposes specified in subsection (1) and for no other purpose. 8. Resumption of land by Council. (1) Where in respect of excluded land- (a) an application is made by, on behalf of or with the consent of the registered proprietor of the land to include the land

132 Land (Mt. Coot-tha Television Stations) Sales Act, 1986, No. 11 in a zone other than a Special Uses Zone in respect of which the purpose indicated on the relevant scheme maps included in the Town Plan is "Television Station Purposes"; (b) the land is sold or offered for sale and the Council forms the opinion that the land is likely to be used for a purpose other than Television Station Purposes or purposes incidental thereto; or (c) the land is being used for a purpose other than Television Station Purposes or purposes incidental thereto, the Council may resolve to acquire the land either by agreement under the Acquisitionof Land Act 1967-1977 or compulsorily for a purpose specified in that Act. (2) Where the Council resolves pursuant to subsection ( 1) to take excluded land pursuant to the Acquisitionof Land Act 1967-1977 and that resolution or an instrument issued pursuant to that Act as a consequence of that resolution specifies the public purpose for which the land is to be or is taken as "park" , " recreation ground ", or "road", neither the purpose for which the land is to be or is taken nor the bona fides of the Council in taking the land for that purpose, shall be questioned in a Court and, where the Council purports to take excluded land for " park" or "recreation ground" purposes , the p rovisions of the first paragraph of section 8 (3) of the Acquisitionof Land Act 1967- 1977 shall not apply in respect of the taking of that land. (3) The power conferred on the Council by subsections ( 1) and (2) shall be read and construed as being in addition to and not in derogation of the powers conferred on the Council as a constructing authority under and pursuant to the Acquisitionof Land Act 1967-1977.

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