Local Government Act and Another Act Amendment Act 1980 (Qld)

248 I Q ttuIIr,Imtr ANNO VICESJMO NONO ELIZABETHAE SECUNDAE BEGIN AE No. 19 of 1980 An Act to amend the Local Government Act 1936- 1979 in certain particulars and the Valuationof Land Act1944-1977 in a certain particular [ASSENTED TO 12TH MAY, 1980]

Local Government Act ana Another Act Amendment Act 1980, No. 19 249 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 and citation . This Act may be cited as the I Local Government 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 LOCAL GOVERNMENT ACT 1936-1979; PART III-AMENDMENT OF THE VALUATION OF LAND ACT 1944-1977. PART II-AMENDMENTS OF THE LOCAL GOVERNMENT ACT 1936-1979 4. Citation . (1) in this Part, the Local Government Act 1936-1979 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Local Government Act 1936-1980. 5. Amendment of s. 3. Section 3 of the Principal Act is amended by, in subsection (1), omitting the definition " Newspaper " and substituting the following definition:- " " Newspaper "-A newspaper circulating in the Area or part thereof in respect of which public notice of the exercise of a power or the taking of action under this Act is to be given; "; 6. Amendment of s. 4 . Section 4 of the Principal Act is amended by, in subsection (2), in paragraph (ii)- (a) omitting the words " and " The Board of Examiners for Engineers and Overseers of Works to Local Authorities " " and substituting the words ", " The Board of Examiners for Engineers and Overseers of Works to Local Authorities " and " The Local Government Town Planners Board " "; 9

250 Local Government Act and Another Act Amendment Act 1980; No. 19 (b) omitting from subparagraph (g) the words " and overseers of works " and substituting the words overseers of works and town planners "; (c) omitting from subparagraph (h) the words " and overseers of works " and substituting the words " , overseers of works and town planners ". 7. Amendment of s. 7. Section 7 of the Principal Act is amended by, in subsection (2), inserting the following proviso:- 6< Provided that nothing in this subsection shall disqualify a person who is for the time being an employee of a Local Authority and who is paid by the Local Authority with moneys received from the Department of Aboriginal Affairs of the Commonwealth to finance a community development employment project ". 8. Amendment of s. 15. Section 15 of the Principal Act is amended by- (a) numbering the present section as subsection (1); (b) inserting after subsection (1) as so numbered the following subsection:- " (2) Local Authority joint committees . (a) Two or more Local Authorities may from time to time appoint committees consisting of members of the respective Local Authorities for the purpose of giving consideration to and advising the respective Local Authorities on matters of common interest. (b) The appointment of a committee pursuant to paragraph (a) shall be made on such terms and conditions as are agreed upon between the Local Authorities. An agreement pursuant to this paragraph shall provide for the appointment of a chairman of the committee from amongst members who are the representatives on the committee of a particular Local Authority named in the agreement. (c) The Minister shall be advised of the appointment of a committee pursuant to paragraph (a) immediately upon its appointment. (d) A committee appointed pursuant to paragraph (a) shall cause minutes of all the proceedings of the committee with the names of the members present at each meeting and the names of all members voting upon any question for the decision of which a division is called to be duly recorded from time to time in the minute book to be provided for the purpose, which shall be kept under the superintendence of the chairman. The minutes of each meeting shall be signed, after confirmation by the committee, by the chairman at the meeting next succeeding the meeting at which such proceedings have taken place and a copy thereof shall forthwith be forwarded to the Director of Local Government.".

Local Government Act and Another Act Amendment Act 1980 , No. 19 251 9. Amendment of s. 15A. Section 15A of the Principal Act is amended by, in the first paragraph, inserting after subparagraph (iii) of the first paragraph the following subparagraph:- f{ (iv) in the case of a member who is also the member , representative of the Local Authority, of a committee appointed pursuant to section 15 (2), meetings of that committee ". 10. Amendment of s. 17. Section 17 of the Principal Act is amended by inserting after subsection (2) the following subsection:- " (2A) Qualification of town planner . (a) On and from the commencement of section 10 of the Local Government Act and AnotherAct Amendment Act1980, every person appointed by a Local Authority to the office of town planner shall hold and at all times continue to hold the certificate as town planner prescribed by the regulations. (b) Upon the occurrence of a vacancy in the office of town planner the Local Authority may appoint to or employ in such office for a period of three months after the occurrence of the vacancy, but no longer, any person notwithstanding that such person is not the holder of a certificate as town planner prescribed by the regulations: Provided that nothing in this paragraph shall allow or be deemed to allow any person who is not a certificated town planner to do or execute any act, matter or thing which is required by this Act to be done or executed by a certificated town planner. (c) For the purposes of this subsection Local Authority includes Brisbane City Council.". 11. Amendment of s. 19. Section 19 of the Principal Act is amended by- (a) in subsection 4, (i) in the first paragraph, omitting the expression " to the amount of $6,000 or less " and substituting the expression " to an amount not exceeding $10,000 or such other amount as the Governor in Council from time to time by Order in Council determines (he being hereby thereunto authorised) "; (ii) in the second paragraph, omitting the expression " $6,000 " and substituting the expression " $10,000 or such other amount as the Governor in Council from time to time by Order in Council determines (he being hereby thereunto authorised) "; (b) inserting after subsection 4 the following subsection:- (4A) (a) Notwithstanding the provisions of subsection (4), a Local Authority may authorise the clerk or another officer thereof (either generally or in a particular case) to purchase on its behalf at public auction land, goods or materials to an amount not exceeding $25,000 or such other amount as the Governor in Council from time to time by Order in Council determines (he being hereby thereunto authorised), if- (i) provision for meeting the cost of such land, goods or materials has been made in the budget; or

252 Local Government Act and Another Act Amendment Act 1980, No. 19 (ii) the cost of such land, goods or materials has been approved by the Local Authority in emergent or extraordinary circumstances. (b) Where the clerk or other officer is authorised pursuant to paragraph (a) to purchase land, goods or materials on behalf of the Local Authority, he may enter into a contract referred to in subparagraph (b) or (c) of paragraph (ii) of subsection (1) in the stead of the chairman or. any two members referred to in those subparagraphs and, if it is a contract that is specified in subparagraph (b) of that paragraph (ii), he may enter into that contract in the manner specified in that subparagraph (b) or, if it is a contract specified in subparagraph (c) of that paragraph (ii) he may enter into it in the manner specified in that subparagraph (c) and may, in either case, vary or discharge the contract in the same manner.". 12. Amendment of s. 20. Section 20 of the Principal Act is amended by inserting after subsection (4) the following subsection:- " (4A) Delegate members of Board . (a) A person may be elected as a delegate member of the Board to deputize for a member of the Board. An election of a delegate member shall be of no force and effect unless- (i) he is elected as prescribed by this subsection; and (ii) he is a person qualified as prescribed by this section to be elected as a member of the Board in the office of the member for whom he is to deputize. (b) The election of a delegate member pursuant to this subsection shall be made by the Local Authority or, as the case may be, group of component Local Authorities at the time the election is made pursuant to subsection 4, by such Local Authority or group of component Local Authorities of its representatives on the Board of the Joint Local Authority. (c) For as long as his election as such continues to have force and effect, a delegate member shall be entitled to attend meetings of the Board in the absence of the member for whom he is deputizing and, while he is attending those meetings, he shall be deemed to be a member of the Board. (d) A vacancy that arises in the office of delegate member of the Joint Local Authority shall be filled in the manner provided by subsection (5) (ii) (B) as if the vacancy in the office of delegate member were a vacancy in the office of member of the Joint Local Authority.". 13. Amendment of s. 21. Section 21 of the Principal Act is amended by, in subsection (10), in paragraph (i), omitting from subparagraph (a) the words " is not in demand for building sites or residential areas or for any purpose other than rural pursuits, and which ". 14. Amendment of s. 23. Section 23 of the Principal Act is amended by- (a) in subsection (1), in paragraph (iii), omitting the words " and loan funds " where they occur in the fourth paragraph and substituting the words ", loan funds and reserve funds ";

Local Government Act and Another Act Amendment Act 1980, No. 19 253 (b) in subsection (2), in paragraph (ii), inserting after subparagraph (g) the following subparagraph:-- 44 ; (h) (subject to the annual budget providing for payment from the general fund to the Regulated Parking Account or the Offstreet Parking Account in the Trust Fund of any sum towards the cost of defraying the expenses referred to in subsection (4) of section 49E or subsection (5) of section 49F), payment to the respective account of that sum "; (c) in subsection (9), inserting after paragraph (iii) the following paragraphs:- (iv) Notwithstanding the provisions of paragraph (ii)- (A) subject to the Governor in Council's authorisation to borrow for a particular function having been given pursuant to section 28; and (B) pending the receipt by the Local Authority of moneys authorised by the Governor in Council to be borrowed or of moneys by way of subsidy from the Treasurer towards the cost of such function, moneys in a consolidated banking account kept by the Local Authority for all loan funds pursuant to subsection (1) (iii) of this section may be temporarily applied to such function provided that the total amount so applied at any one time in respect of a particular function does not exceed the moneys referred to in subparagraph (B) of this paragraph. (v) The Local Authority may obtain advances from the bank for temporary accommodation in the loan fund by way of overdraft of its current account.". 15. Amendment of s. 27. Section 27 of the Principal Act is amended by- (a) inserting after subsection (3) the following subsection:- (3A) Refund of rates on alteration of rateable value. Where after the date of commencement of the Local Government Act and Another Act Amendment Act 1980 rates are levied pursuant to this Act in respect of rateable land and the rateable value of such rateable land alters due to an alteration in the valuation thereof made- (a) by the Valuer-General pursuant to section 13 (2) (h) of the Valuation of Land Act1944-1977; or (b) as a result of the determination of an objection or appeal lodged pursuant to the Valuation of Land Act1944-1977, the Local Authority shall adjust the amount of the rates levied to conform with the altered rateable value. Where rates required to be adjusted pursuant to this subsection have been paid, amounts paid in excess shall be refunded and amounts short paid shall be recoverable as arrears. An adjustment in accordance with this subsection shall be made as from the date shown in the valuation roll as the date the altered value takes effect."; (b) in subsection (11). 44 or, ( iin) ithnepcaarsaegorafpahsp(ie) c,iifniesdermtiinnginagfctelarimth, ethwreoerdm" onlothnsgoerr l"onthgeerw" o; rds

254 Local Government Act and Another Act Amendment Act 1980, No. 19 (ii) in paragraph (ii), in the form of Notice of Sale, inserting after the word " months " where it firstly occurs, the words " (or in the case of a specified mining claim, after the expiration of one month) "; (iii) in paragraph (iii), in subparagraph (a), inserting after the word " months " where it firstly occurs the words " (or, in the case of a specified mining claim, after the expiration of one month) "; (c) adding at the end thereof the following subsection:- (15) For the purposes of this section the term " registered proprietor " shall include the holder of a specified mining claim.". 16. Amendment of s. 33. Section 33 of the Principal Act is amended by- (a) in subsection (1), (i) inserting after the definition " Court " the following definitions:- " " Development control plan "-A plan prepared by the Local Authority for a particular part of a town planning scheme area for all or any of the following purposes:- (a) to ensure the orderly growth, development or redevelopment 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 or intent, of the scheme; " 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;"; (ii) 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 prescribes from time to time 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 prescribes from time to time 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;"; (iii) inserting after the definition " Scheme maps " the following definition:- Strategic plan "-A plan that specifies in general terms the future preferred dominant land uses for the town planning scheme area

Local Government Act and Another Act Amendment Act 1980, No. 19 255 for the progressive development of lands within such area during the period for which the scheme has force and effect;"; (iv) inserting after the definition " " Town planning scheme " or " scheme " " the following definition:- TToowwnn planning scheme area "-The area included within a town planning scheme;"; (b) inserting after subsection (2) the following subsections:- (2A) Inclusion of strategic plan, development control plan in town planning scheme . (a) In the course of preparation of a town planning scheme by it in accordance with a resolution approved by the Minister pursuant to subsection (2) (c) subsequent to the commencement of the Local Government Act and Another Act Amendment Act 1980, the Local Authority- (i) shall, unless exempted by the Minister (he being hereby thereunto authorised) from so doing, prepare a strategic plan for the town planning scheme area; (ii) may prepare a development control plan or development control plans for any part or parts of the town planning scheme area. (b) When a town planning scheme is open to inspection pursuant to subsection (3), it shall be accompanied by the strategic plan prepared in accordance with paragraph (a) (i), save where the Minister has granted exemption pursuant to that paragraph, and every development control plan prepared in accordance with paragraph (a) (ii). (2B) Certain town planning work to be undertaken only by certificated town planner . (a) A person, whether an officer of the Local Authority or a person engaged by it as consultant, who is responsible tothe Local Authority for- (i) the preparation of a town planning scheme pursuant to subsection (2); (ii) the preparation of amendments of a town planning scheme determined to be required by the Local Authority pursuant to subsection (4) (b); (iii) the performance of work required to be performed by the Local Authority's town planner pursuant to a town planning scheme, shall hold and, at all times during which he performs any work specified in subparagraphs (i), (ii) or (iii), continue to hold the certificate as town planner, prescribed by the regulations. (b) Without limiting the generality of the advice that may be obtained by the Local Authority on an application to it for- (i) the re-zoning of land; (ii) approval, consent or permission to use land; (iii) the erection or use of any building or other structure, the Local Authority shall obtain the advice of a certificated town planner where the application is in respect of a major shopping development..

256 Local Government Act and Another Act Amendment Act 1980, No. 19 (2c) Composition of town planning scheme . A town planning scheme shall consist of- (a) the Order in Council notifying approval of the scheme, together with the schedules, if any, to the Order in Council; (b) the scheme maps; (c) by-laws made by the Local Authority (whether before or after the commencement of the Local Government and Another Act Amendment Act 1980) to implement the scheme and to provide for, regulate and control the administration and execution of the scheme; (d) strategic plans and development control plans (whether made before or after the commencement of the Local Government Act and Another Act Amendment Act 1980), together with supporting documents; (e) every amendment of the scheme duly approved from time to time subsequent to the approval of the scheme. (2D) Composition of strategic plan. A strategic plan referred to in subsection (2A) shall consist of (a) a map or series of maps identifying preferred dominant land uses; (b) a statement of objectives of the Local Authority in relation to preferred dominant land uses together with other criteria for determining the type, scale or distribution of other uses required as an integral component to service the preferred dominant land uses; (c) copies of writings containing supporting information used or in connexion with for the preparation of that plan. (2E) Composition of development control plan . A development control plan referred to in subsection (2A) shall consist of (a) a map or series of maps that clearly indicates the intentions of the Local Authority for the future development of the part of the town planning scheme area 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."; (ba) in subsection (3), (i) in paragraph (a), omitting subparagraph (iv) and substituting the following subparagraph:- (iv) of the requirements with respect to objections prescribed by paragraph (b)"; (ii) omitting paragraph (b) and substituting the following paragraph:- "(b) (i) A person may on or before the last day for the receipt of objections make and lodge an objection to the scheme. (ii) An objection made under subparagraph (i)- (A) shall be in writing and signed by each person who makes the objection;

Local Government Act and Another Act Amendment Act 1980 , No. 19 257 (B) shall be addressed to the clerk; (C) 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; (D) shall be lodged with the clerk." (c) in subsection (4), omitting paragraph (b) and substituting the following paragraph:- " (b) (i) The Local Authority shall review a town planning scheme within the period of seven years next following the date of publication in the Gazette of the Order in Council notifying approval of the scheme. Where upon a review pursuant to this paragraph the Local Authority determines that the scheme does not require amendment , it shall report to the Minister accordingly. (ii) Where, upon a review pursuant to this paragraph, the Local Authority determines that the scheme does not require amendment,. it shall further review the scheme within the period of three years next following the date of the last review and shall report to the Minister the results of such review. (iii) Where upon a review in accordance with subparagraph (i) or (ii) the Local Authority determines that the town planning scheme requires amendment it shall take action necessary to- (A) prepare . a new town planning scheme for the Area or part of the Area, or (B) amend the scheme to provide for the amendment or amendments that are required pursuant to the determination. (iv) Notwithstanding the requirements of this paragraph, the Local Authority shall determine and take action within a period of ten years next following the date of publication in the Gazette of the Order in Council notifying approval of the scheme, to prepare a new town planning scheme for the Area or part of the Area unless upon application made to him by the Local Authority stating the grounds therefor, the Minister extends such period (which he is hereby authorised to do). (v) The Local Authority may subject to the prior approval of the Minister prepare a town planning scheme incorporating in consolidated form an existing scheme and all amendments thereto (whether by way of addition, alteration, substitution or omission made and approved under this Act). A consolidated scheme so prepared shall be submitted to the Minister, who after confirmation by the Director that the consolidated scheme truly represents the existing scheme as amended, shall submit the consolidated scheme to the Governor in Council. The consolidated scheme may be approved by the Governor in Council by Order in Council and notification thereof shall be published in the Gazette following which the consolidated scheme shall be deemed to be the town

258 Local Government Act and Another Act Amendment Act 1980, No. 19 planning scheme for the Area or part of the Area, without any change to the rights and obligations of any person under the existing scheme as amended. Notwithstanding approval of a consolidated scheme by the Governor in Council the consolidated scheme and the existing scheme as amended shall be open to inspection by any person at the office of the Local Authority and at the office of the Department of Local Government. (vi) Where a town planning scheme does not incorporate a strategic plan, the Local Authority may prepare a strategic plan as an amendment of the scheme. An application to the Minister for such amendment shall be made in the manner prescribed by subsection (5). (vii) A Local Authority may, from time to time, prepare a development control plan for a particular part of the town planning scheme area, as an amendment of the scheme. An application to the Minister for such amendment shall be made in the manner prescribed by subsection (5)."; (d) omitting subsection (5) and substituting the following subsection:-® (5) Local Authority may propose amendments of town planning scheme. (a) The Local Authority may at any time and from time to time make application to the. Minister for amendment of a town planning scheme. Where the Local Authority 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 Local Authority shall, within 30 days after the date of such making, take such action as is prescribed by this subsection with a view to amendment of the scheme and thereafter, unless the Local Authority abandons the determination so made, it shall apply to the Minister for amendment of the scheme in accordance with this subsection. Such policy determination shall have no force and effect unless and until the amendment of the scheme incorporating such determination is approved by the Governor in Council. (b) Before making application for amendment of a town planning scheme the Local Authority shall comply with the requirements of- (i) paragraph (c), in a case where the amendment relates to a proposal other than one specified in subparagraph (ii); or (ii) paragraph (d), 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 or in accordance with a determination of the Local Authority upon a review of the scheme pursuant to subsection (4) (b). (c) Before making application, for an amendment of the scheme that is subject to paragraph (b) (i), the Local Authority shall by advertisement published at least once in a newspaper give public notice- (i) of its intention to make the application; (ii) that particulars, including relevant maps, if any, of the amendment of the scheme for which the Local Authority proposes to apply are open to inspection by any person at the

Local Government Act and Another Act Amendment Act 1980, No. 19 259 office of the Local Authority on or before the date specified in the advertisement which date shall- (A) where the advertisement relates to amendments determined by the Local Authority to be required upon a review made pursuant to subsection (4) (b), be not less than 90 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 90 days after the date of the first publication of the advertisement in a newspaper; (B) in any other case, be 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; (C) in this subsection, be called " the last day for the receipt of objections "; (iii) that a copy of such particulars or a part thereof, other than the relevant maps, if any, may be procured from the Local Authority 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 Local Authority may fix by resolution but not exceeding the cost of printing or otherwise reproducing the copy, which sum shall be specified in the advertisement; (iv) that objections to the proposed amendment may be lodged on or before the last day for the receipt of objections, specifying the date thereof; (v) of the requirements with respect to objections prescribed by subparagraph (ii) of paragraph (h). (d) (i) Before making application for an amendment of the scheme that is subject to paragraph (b) (ii), the Local Authority- (A) shall give public notice of its intention to make the application by posting a notice- (1) 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; (2) 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; (3) in any"other case, on the land to which the application will relate or apply; (B) shall serve notice of its intention to make the application- (1) where the land to which the application will relate or apply comprises any allotment or allotments and the owners of

260 Local Government Act and Another Act Amendment Act 1980, No. 19 adjoining land are persons other than the Local Authority, on every such owner: (2) 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 Local Authority, on every owner of allotments adjoining the allotment or allotments of which that land forms part; (3) where the land to which the application will relate or apply is not owned by or under the control of the Local Authority, on the owner of the land; and (C) shall by advertisement in a newspaper in accordance with paragraph (iii) give public notice of its intention to make the application. (ii) The public notice of intention to make the application posted on land pursuant to paragraph (i) (A)- (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 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 specfied in the notice as the last day for the receipt of objections; (B) shall state--- (1) the postal address and real property description of the land to which the application will relate or apply; (2) the area of the land; (3) the zone from which the land is proposed to be excluded; (4) the zone in which the land is proposed to be included; (5) the use desired to be made of the land following re-zoning; (6) that particulars including relevant maps of the amendment of the scheme for which the Local Authority proposes to apply are open to inspection by any person at the office of the Local Authority on or before the last day for the receipt of objections; (7) that a copy of such particulars or a part thereof, other than relevant maps; may be procured from the Local Authority on or before the last day for the receipt of objections upon payment of such sum as the Local Authority may fix by resolution but not exceeding the cost of printing or otherwise reproducing the copy, which sum shall be specified in the notice; (8) that objections to the proposed amendment may be lodged on or before the last day for the receipt of objections specifying the date thereof; (9) the requirements with respect to objections prescribed by subparagraph (ii) of paragraph (h);

Local Government Act and Another Act Amendment Act 1980, No. 19 261 (C) in the case of a notice to which provision (A) (1) or (A) (2) of paragraph (i) 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. (iii) The advertisement in a newspaper pursuant to subparagraph (i) (C) 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 subparagraph (i) (A) and shall state- (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; (D) that particulars and relevant maps of the amendment of the scheme for which the Local Authority proposes to apply are open to inspection by any person at the office of the Local Authority; and (E) that objections to the proposed amendment may be lodged with the clerk on or before the last day for the receipt of objections specifying the date thereof. (iv) The notice of intention to make the application served pursuant to subparagraph (i) (B)- (A) shall be given at the same time as or within 7 days before notice of intention to make the application is. posted on land pursuant to subparagraph (i) (A); (B) 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 Local Authority relating to the levying of rates; (C) shall contain the information specified in subparagraph (ii) (B) and where applicable subparagraph (ii) (C). (da) (i) Where the Local Authority has not such rights of access or other rights in respect of the land whereon a notice is required to be posted under paragraph (d) as would enable the Local Authority to comply with the requirements of that paragraph, the Local Authority 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. (ii) Where a notice is posted as provided in provision (da) (i), the notice shall be deemed for the purposes of this subsection 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. (db) The Local-Authority shall not be treated as having failed to comply with the requirements of subparagraph (ii) (A) of paragraph (d) if the notice required to be posted is, without any fault or intention of the Local Authority, removed, obscured or defaced before the period referred to in that subparagraph has elapsed, so long as the Local Authority has taken reasonable. steps for its protection and, if need be, replacement

262 Local Government Act and Another Act Amendment Act 1980, No. 19 and if the Local Authority has cause to rely on this paragraph, the certificate under subparagraph (iii) (B) of paragraph (j) states the relevant circumstances. (e) Where the Local Authority gives notice under paragraph (c) or (d) with respect to an amendment of the scheme for which it proposes to apply, it shall thereafter and at all times during which its office 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 at the office of the Local Authority. (f) 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 Local Authority to prevent undue damage to exhibits, shall be permitted to reproduce or copy any material exhibited under this subsection whether by photography, tracing and colouring, copying of written material by handwriting or by tape-recording. (g) Any person may at any time on or before the last day for the receipt of objections, request the Local Authority to furnish him with a copy of the particulars or a part thereof of the amendment of the scheme for which the Local Authority 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 subsection, and the Local Authority 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 Local Authority 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. (h) (i) 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 scheme notified under this subsection. (ii) An objection made pursuant to this paragraph shall-- (A) be in writing and signed by each person who makes the objection; (B) be addressed to the clerk; (C) state- (1) the name and address of each person who makes the objection; (2) the grounds of objection and the facts and circumstances relied on by the objector or objectors in support of those grounds; and (D) be lodged with the clerk. (i) The Local Authority shall forthwith consider and determine its representations in respect of every objection made and lodged as prescribed by paragraph (h). (j) An application by the Local Authority to the Minister for amendment of a town planning scheme shall be made to the Minister

Local Government Act and Another Act Amendment Act 1980. No. 19 263 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 Local Authority in support of those grounds; (ii) in the case of an application that is subject to subparagraph (b) (i), a copy of each advertisement published in accordance with paragraph (c) of this subsection with the name of the newspaper and the date of publication endorsed thereon; (iii) in the case of an application that is subject to subparagraph (b) (ii)- (A) a statement, certified as to its accuracy by the clerk, setting out the information contained in the notice of the application posted on land pursuant to paragraph (d) (i); (B) a certificate by the clerk as to whether all the relevant provisions of this subsection concerning the giving of notice of the application have been complied with; (iv) all objections made and lodged as prescribed by paragraph (h); (v) the representations by the Local Authority in respect of all objections made and lodged as prescribed by paragraph (h); (vi) particulars including the relevant maps, if any, of the amendment. (k) The Minister shall, after examination of an application made to him under this subsection, submit the application, with his recommendation thereon to the Governor in Council who shall consider such application, all objections and representations accompanying such application and the recommendation of the Minister 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 scheme as the Governor in Council, having regard to the application and to the objections and representations that accompanied the application. deems fit. (1) Where the Governor in Council approves of any amendment of a town planning scheme applied for by a Local Authority, he shall notify such approval by Order in Council. Such Order in Council shall describe so as to identify every amendment of the scheme thereby notified. Upon the publication of such Order in Council the scheme as amended thereby for the time being shall become and be the town planning scheme for the Area or part of the Area and shall have the force of law and be binding upon and obeyed by the Local Authority and all persons whomsoever accordingly.

264 Local Government Act and Another Act Amendment Act 1980, No. 19 (m) (i) Subject to paragraph (n), paragraphs (b), (c), (d), (e), (f), (g), (h), (i) and (j) 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- (A) in respect of an application to the Local Authority for such re-zoning, and where such application has been duly dealt with pursuant to subsections (6A) and (18) and either no objections were received or no appeal was duly instituted pursuant to subsection (18) within the prescribed time; (B) as a result of and in accordance with a decision of the Court in an appeal brought pursuant to subsection (7) or (18); or (C) pursuant to subsection (18D) (e). For the purpose of this paragraph, a withdrawal of an appeal brought pursuant to subsection (7) or (18) shall be deemed to be a decision of the Court dismissing the appeal made-- (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 Local Authority is served with a copy of the notice of withdrawal of the appeal duly filed in the Court. (ii) An application for amendment to which, by virtue of subparagraph (i), paragraph (j) 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 Local Authority shall have made a decision on the application under subsection (7) or after the date of the decision of the Court as referred to in subparagraph (i) (B) whichever time is the later to expire. The application shall be accompanied by- (A) a copy of the application made to the Local Authority pursuant to subsection (6A) and a copy of the statutory declaration lodged by the applicant pursuant to paragraph . (f) of subsection (18); (B) a statement of the grounds on which the application is made and of the facts and circumstances relied on by the Local Authority in support of those grounds; (C) all objections made and lodged as prescribed pursuant to subsection (18) and the Local Authority'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 subsection (7) or (18) 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 the relevant maps, of the re-zoning. (iii) The Minister shall, upon receipt by him thereof, deal with the application in the manner prescribed by paragraph (k). The Governor in Council, in his consideration of the application pursuant to paragraph

Local Government Act and Another Act Amendment Act 1980, No. 19 265 (k) shall have regard where applicable to the decision of the Court and the grounds thereof but shall not be bound thereby. (n) Where prior to the commencement of this section of the Local Government Act and Another Act Amendment Act 1980 a Local Authority had commenced to undertake and apply for an amendment of a town planning scheme, section 33 (5) of the Local Government Act 1936-1979 shall apply in relation to the amendment and to objections and any appeal arising therefrom as if the former Act had not come into operation and action in respect of the amendment of the scheme shall proceed accordingly."; (e) omitting subsection (6) and substituting the following subsection :- " (6) Amendments etc., of town planning schemes on recommendation of Minister . (a) The Governor in Council on the recommendation of the Minister, may at any time and from time to time amend a town planning scheme. (b) Before making any such recommendation the Minister- (i) where the recommendation is for an amendment other than one. specified in subparagraph (ii), shall comply with the requirements of paragraph (c); (ii) 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 paragraph (d). (c) Before making a recommendation for an amendment that is subject to paragraph (b) (i) the Minister shall, by advertisement published at least once in a newspaper, give public notice- (i) of his intention to make the recommendation; (ii) that particulars, including relevant maps, if any, of the 'amendment of the scheme 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 subsection called " the last day for the receipt of objections) ;" (iii) 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; (iv) 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

266 Local Government Act and Another Act Amendment Act 1980, No. 19 (v) of the requirements with respect to objections prescribed by subparagraph (ii) of paragraph (h). (d) (i) Before making a recommendation for an amendment of the scheme that is subject to paragraph (b) (ii) the Minister- (A) shall give public notice of his intention to make the recommendation by posting a notice- (1) 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; (2) 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 each adjoining allotment that has road alignment; (3) in any other case , on the land to which the recommendation will relate or apply; (B) shall serve notice of his intention to make the recommendation- where the land to which the recommendation will relate or apply comprises any allotment ' or allotments, on every owner of adjoining land; (2) 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; (3) on the owner of the land to which the recommendation will relate or apply; and (C) shall by advertisement in a newspaper in accordance with paragraph ( iii) give public notice of his intention to make the recommendation. (ii) The public notice of intention to make the recommendation posted on land pursuant to paragraph (d) (i) (A)- (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 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; (B) shall state- (1) the postal address and real property description ' of the land to which the recommendation will relate or apply; (2) the area of the land; (3) the zone from which the land is proposed to be excluded; (4) the zone in which the land is proposed to be included; (5) the use desired to be made of the land following re-zoning;

Local Government Act and Another Act Amendment Act 1980, No. 19 267 (6) that particulars including relevant maps of the amendment of the scheme 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; (7) 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; (8) 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 (9) the requirements with respect to objections prescribed by subparagraph (ii) of paragraph (h); and (C) in the case of a notice to which provision (A) (1) or (A) (2) of subparagraph (i) 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. (iii) The advertisement in a newspaper pursuant to subparagraph (i) (C) 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 subpa(raAg)ra-ph (i) (A) and shall state- (1) the postal address of the land to which the recommendation will relate or apply ; (2) the zone from which the land is proposed to be excluded; (3) the zone in which the land is proposed to be included; (B) that, particulars and relevant maps of the amendment of the scheme that the Minister proposes to recommend are open to inspection by any person at the office of the Department of Local Government; (C) 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. (iv) The notice of intention to make the recommendation served pursuant to subparagraph (i) (B)- (A) shall be given at the same time as or within 7 days before notice of intention to make the recommendation is posted on land pursuant to subparagraph (i) (A); (B) 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 Local Authority relating to the levying of rates; (C) shall contain the information specified in subparagraph (ii) (B) and where applicable subparagraph (ii (C).

268 Local Government Act and Another Act Amendment Act 1980, No. 19 (da) (i) 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 paragraph (d) as would enable the Minister to comply with the requirements of that paragraph, 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. (ii) Where a notice is posted as provided in subparagraph (i), the notice shall be deemed for the purposes of this subsection 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. (db) The Minister shall not be treated as having failed to comply with the requirements of subparagraph (ii) (A) of paragraph (d) if the notice required to be posted is, without fault or intention of his, removed, obscured or defaced before the period referred to in that subparagraph has elapsed, so long as the Minister has taken reasonable steps for its protection and, if need be, replacement. (e) Where the Minister gives a notice under paragraph (c) or paragraph (d) with respect to an amendment of the scheme which 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. (f) 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 subsection whether by photography, tracing and colouring. copying of written material by handwriting or by tape-recording. (g) Any person may, at any time on or before the last day for the receipt ofobjections, request the .Director, of Local Government to furnish him with a copy of the particulars or a part thereof of the amendment of the scheme 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 subsection 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. (h) (i) 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 scheme notified under this subsection.

Local Government Act and Another Act Amendment Act 1980, No. 19 269 (ii) An objection made under subparagraph (i) shall- (A) be in writing and signed by each person who makes the objection; (B) be addressed to the Director of Local Government; (C) state- (1) the name and address of each person who makes the objection ; (2) the grounds of objection and the facts and circumstances relied on by the objector or objectors in support of those grounds; and (D) be lodged with the Director of Local Government. (i) In making his recommendation to the Governor in Council for amendment of the scheme the Minister shall have regard to every objection made and lodged as prescribed by paragraph (h). (j) The Governor in Council shall consider every recommendation made by the Minister under this subsection and may reject the recommendation or may approve of the recommendation wholly or in part. The power of the Governor in Council to approve of a recommendation in part includes power to make all such amendments of the scheme as the Governor in Council, having regard to the recommendation and to the objections to the proposed amendment of the scheme, the subject of such recommendation, deems fit. (k) Where the Governor in Council approves of an amendment of the scheme 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 scheme thereby notified. Upon the publication of such Order in Council the 'scheme as amended thereby for the time being shall become and be the town planning scheme for the Area or part of the Area and shall have the force of law and be binding upon and obeyed by the Local Authority and all persons whomsoever accordingly. (1) All costs incurred by the Minister in respect of any amendments of the scheme made under this subsection shall, unless the Minister otherwise directs, be borne by the Local Authority and for the purpose of the recovery of any unpaid amount thereof by the Treasurer from the Local Authority shall be deemed to have been incurred in respect of a function of the Local Authority."; (f) in subsection (6A), (i) in paragraph (b)- (A) omitting from subparagraph (ii) the word "company " and substituting the words " body corporate "; (B) omitting subparagraph (iii) and substituting the following subparagraph:- (iii) accompanied by- (A) the consent in writing of the prescribed person, where he is not the applicant;

270 Local Government Act and Another Act Amendment Act 1980, No. 19 (B) an economic impact assessment where following re-zoning it is intended to carry out on the land to which the application relates or applies or part thereof a major shopping development."; (ii) omitting paragraph (e) and substituting the following paragraph:- " (e) In respect of an application made pursuant to this section, the Local Authority shall, amongst other things, take into consideration- (i) whether the proposal, if permitted, or buildings erected in conformity with the proposal, or both the proposal, if permitted, and the building so erected would- (A) create a traffic problem or increase an existing traffic problem; (B) detrimentally affect the amenity of the neighbourhood; (C) create a need for increased facilities such as schools, shops or other normal service provisions; (ii) the balance of zones in the town planning scheme area as a whole or that section of that area within which the land is situated; (iii) whether the inclusion of the land in the zone in which the land is proposed to be included would be in accord with, or conflict with, the strategic plan (if any) or any development control plan ; (iv) whether the land or any part thereof is so low-lying or so subject to flooding as to be unsuitable for use for all or any of the uses permitted with or without the consent of the Local Authority in the zone from which the land is proposed to be excluded and in the zone in which the land is proposed to be included ; (v) whether, having regard to the permitted uses with or without the consent of the Local Authority of land in the zone in which the land, is proposed to be included and the potential for subdivision if the land is included in the zone in which it is proposed to be included- (A) water, gas, electricity, sewerage and other essential services would be available to the land and to each separate parcel thereof if the land were subsequently subdivided; (B) the provisions of section 32A of this Act should be applied; (vi) the situation, suitability and amenity of the land in relation to neighbouring localities."; (fa) in subsection (7), in paragraph (c), omitting the words " or which are agreed upon between the Local Authority and the appellent "; (g) in subsection (8), omitting the second paragraph and substituting the following paragraphs:- " The Local Authority shall keep on exhibition with the scheme statements of the Local. Authority's current policies affecting the scheme or any part of the scheme. There shall be shown in the statement in respect of each policy the date of its adoption. Copies of such

Local Government Act and Another Act Amendment Act 1980, No. 19 271 statements shall be available for sale to the public upon payment of such sum as the Local Authority may fix by resolution but not exceeding the cost of printing or otherwise reproducing the copy. In any proceedings under this Act wherein proof of the Local Authority's current policies is relevant, the policies as set out in the statements thereof on exhibition with the scheme at the relevant time shall be deemed to be the whole of the Local Authority's current policies. In this section the expression " the Local Authority's current policies " does not include a policy determination made by the Local Authority on town planning or land use, which determination cannot be adequately presented or interpreted save by means of reference to, delineation on or marking of a map and that is duly incorporated in the scheme in accordance with subsection (5)."; (h) in subsection (9), omitting subparagraph (c) of the first paragraph and substituting the following subparagraph:- (c) particulars of all consents, permissions and approvals granted by the Local Authority for the use of, or the erection or use of any building or other structure on, that land- (i) pursuant to the scheme that have not been revoked pursuant to subsection (16D) or have not expired by efuxion of time at any time prior to the date the certificate is given; or (ii) pursuant to any scheme previously in force that have not been revoked pursuant to subsection (16D) or have not expired by of fluxion 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."; (i) in subsection (10), (i) in paragraph (b), omitting subparagraph (i) and substituting the following subparagraph: " (i) the land is first sold or the owner receives from the Local Authority notice of its intention to resume the land under the Acquisition of Land Act1967-1977 after the scheme comes into force;"; (ii) in paragraph (c), in subparagraph (i), (A) inserting after the words " is sold " the words " or taken "; (B) omitting provision (a) and substituting the.following provision:- (a) that the land has been sold at a less price or has been taken for less compensation than might have been reasonably expected by the owner of the land had there been no prohibition or restriction as specified in paragraph (b); "; (C) inserting in provision (b) after the word "that" the words " in a case where the land is sold "; (j) in subsection (11), (i) in paragraph (a), omitting from subparagraph (ii) the word substantially ";

272 Local Government Act and Another Act Amendment Act 1980, No. 19 (ii) omitting paragraph (b) and substituting the following paragraph:- " (b) For the purpose of construing subparagraph (iv) of paragraph (a), it shall not be taken that an applicant did not have the legal right referred to in that subparagraph by reason only of the fact that his right depended upon an exercise of discretion by the Local Authority in his favour (whether or not he has in fact sought such an exercise) if the applicant shows that it is reasonable to expect that such exercise of discretion would have been in his favour had he sought it immediately before the provision in question of the scheme came into force. Subject to this paragraph the onus of proving that compensation is not payable in any case by virtue of the provisions of paragraph (a) shall be upon the Local Authority."; (ja) inserting after subsection (15) the following subsection:- (15A) (a) Subject to this section, any applicant for approval to have a use of any land, building or other structure registered in the Register of Existing Non-Conforming Uses as prescribed by a town planning scheme may appeal to the Court against the determination of the Local Authority. (b) Subject to this section, the owner or occupier of any land, building or other structure (other than an applicant referred to in paragraph (a)) the use whereof the Local Authority has determined should be registered in the Register of Existing Non-Conforming Uses as prescribed by a town planning scheme may appeal to the Court in respect of such determination."; (k) in subsection (16A), inserting after the words "any by-law" the words " or the scheme "; (1) omitting subsection (16c) and substituting the following subsection :- " (16c) Unlawful conditions . (a) It shall be unlawful for the Local Authority in the case of an application- (s) for exclusion of land from a zone and the inclusion of the land so excluded in another zone; (ii) to open a new road or subdivide land; or (iii) 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 scheme or by by-law or reasonably required by the re-zoning 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. (b) Without limiting the generality of paragraph (a), it shall be unlawful for the Local Authority- (i) 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;

Local Government Act and Another Act Amendment Act 1980, No. 19 273 (ii) 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; (iii) 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- (A) corner truncation; (B) the transfer of land free of cost to the Local Authority for a road or for any other public purpose; (C) any building or other structure to be set back from a road alignment except as prescribed by the scheme or by by-law; (D) payment to be made in respect of works external to the subject land except as prescribed by the scheme or by by-law; (iv) 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 Local Authority that was formulated by one or more than one policy determination required by subsection (5) (a) to be incorporated in the scheme and not duly so incorporated; (v) 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 Local Authority fixing a minimum area or frontage of an allotment in excess of the minimum area of frontage fixed by the scheme or by by-law in respect of that land. (c) A requirement prescribed by the scheme or by by-law does not apply with respect to any approval, consent or permission specified in paragraph ( a) in a case where, under that paragraph it would be unlawful for the Local Authority to subject the approval, consent or permission to that requirement as a condition thereof. (d) It shall be unlawful for the Local Authority and an applicant or owner of land to enter into an agreement or for the Local Authority to accept any consideration concerning a matter in respect of which, pursuant to paragraph (a), (b) or. (c), it is unlawful for the Local Authority to impose conditions."; (m) omitting subsection (16D) and substituting the following subsection:- (16D) Revocation of approval , consent or permission. (a) Notwithstanding any provision of a town planning scheme or by-law made by the Local Authority pursuant to subsection (21) or of any condition of an approval, consent or permission granted under the scheme or by by-law- (i) an approval, consent or permission granted under the scheme or by-law for the use or erection of any building or other structure or the use of any land for any purpose; or (ii) an approval referred to in subsection (18D) (g), shall not be revoked by the Local Authority except in accordance with this subsection.

274 Local Government Act and Another Act Amendment Act 1980, No. 19 (b) The Local Authority may revoke any approval, consent or permission referred to in paragraph (a)- (i) in accordance with paragraphs (d) to (j) both inclusive if- (A) 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 (B) 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; (ii) 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 Local Authority. (c) The time prescribed for the purposes of paragraph (b) shall be- (i) in the case of an approval, consent or permission referred to in subparagraph (i) of paragraph (a)- (A) a period of 2 years after the date on which the approval, consent or permission was obtained; or (B) such period or periods longer than 2 years after that date as the Local Authority may from time to time approve; (ii) in the case of an approval referred to in subparagraph (ii) of paragraph (a)- (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 Local Authority may from time to time approve. (d) The Local Authority, with a view to giving consideration to the revocation-. of.. an. approval, consent or permission referred to in .paragraph (a), 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 (hereinafter referred to as a " notice of intention to revoke "). (e) 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 Local Authority and shall state- (i) 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 on the Local Authority at the address set out in the notice an objection in writing to the revocation of the approval, consent or permission; (ii) that such objection must specify the grounds of objection and the facts and circumstances relied on by the objector in support of those grounds; (iii) that an objector who indicates in his objection in writing that he desires to be heard in support of the grounds of his objection

Local Government Act and Another Act Amendment Act 1980. No. 19 275 may appear and be heard by the Local Authority or by an officer of the Local Authority appointed by it by resolution at the time and place specified in the notice. (f) (i) Where no objection is served upon the Local Authority on or before the date specified in the notice of intention to revoke, the Local Authority may determine that the approval, consent or permission be revoked. (ii) The clerk shall notify the person or persons referred to in subparagraph (d) of the determination made pursuant to subparagraph (j) within 7 days thereafter and the notification shall state the grounds of the determination. (g) (i) 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 Local Authority or by an officer of the Local Authority appointed by it by resolution at the time and place specified in the notice. (ii) If the Local Authority, after due consideration of any objections and hearing every 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 clerk shall give notice accordingly to each person who has duly served on the Local Authority an objection to the revocation of the approval, consent or permission. (iii) A notice given pursuant to subparagraph (ii) shall contain or be accompanied by a copy of this subsection. (h) A person who has served on the Local Authority an objection in accordance with paragraph (e) may appeal to the Court against the proposal of the Local Authority to revoke the approval, consent or permission . An appeal pursuant to this paragraph shall be instituted within 30 days after the giving to him of the notice referred to in paragraph (g) (ii) but not later. (ha) Where an objection has been made in accordance with this subsection, the Local Authority shall not determine to revoke the approval,-consent.or-.permissi© n in question . .until,-the.<time:for institution of - an• appeahhas expired or, ''if an, appeal _ is" duly- instituted, --until: the appeal is determined. (i) In making a determination with respect to the revocation of an approval, consent or permission, the Local Authority is bound by the determination of the Court on an appeal made pursuant to paragraph (h). (j) The Local Authority shall make its determination and the clerk shall notify the person or persons referred to in paragraph (d) 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 Local Authority."; (n) in subsection (17), in paragraph (a),

276 Local Government Act and Another Act Amendment Act 1980, No. 19 (i) omitting subparagraph (ii) and substituting the following subparagraph:- " (ii) Subject to paragraphs (n), (o) and (p) of subsection (18), the period prescribed by this subsection shall be- (A) in the case of an application to which subsection (6A) or (15) applies, 40 days from the date of compliance by the applicant with the requirements of paragraph (f) of subsection (18); or (B) in the case of an application to which subsection (15A) or (16A) applies, 40 days from the date of the receipt by the Local Authority of the application: Provided that if, with the prior approval of the Minister, the Local Authority by notice served upon the applicant before the expiration of the .period specified in subparagraph (A) or (B) 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 (iii), in the second paragraph, omitting the expression subparagraph (ii) of "; (b) in paragraph (b), omitting the last paragraph and substituting the following paragraph:- An appeal to the Court by- (i) an applicant specified in this subsection against the decision of the Local Authority on his application; (ii) an owner or occupier of land specified in subsection (15A) (b) against the determination of the Local Authority that the use of such land notified to him by the clerk pursuant to this subsection should be entered in the Register of Existing Non-Conforming Uses as prescribed by the scheme, may be instituted by him within 30 days after the date of the receipt by him of the notification from the clerk of the decision or determination in question but not later."; (o) omitting subsection (18) and substituting the following subsection:- (18) Procedure for processing applications - for re-zoning or consent and rights of objection and appeal in relation thereto . (a) Where- (i) an application is made to the Local Authority to exclude land from a zone and to include the land so excluded in another zone; (ii) under a town planning scheme any building or other structure may be erected or used for any purpose on land in a zone only with the consent of the Local Authority or land in a zone may be used for any purpose only with such consent and an application is made for such consent; or (iii) under a by-law (whether made before or after the commencement of the Local Government Act Amendment Act1968) whereby provision is made in respect of regulating and controlling the

Local Government Act and Another Act Amendment Act 1980, No. 19 277 use of land and the erection or use of buildings or other structures on land in an Area or part of an Area to be included within a town planning scheme pending the coming into force of the scheme, any building or other structure may be erected or used for any purpose on land only with the consent of the Local Authority or land may be used for any purpose only with such consent and an application is made for such consent, the Local Authority before deciding such application, shall (iv) give or cause to be given public notice of the application by posting a notice- (A) 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; (B) 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; (C) in any other case, on the land to which the application relates or applies; and (v) serve or cause to be served notice of the application- (A) Where the land to which the application relates or applies comprises any allotment or allotments, on the owner of any allotment adjoining that land where such owner is other than the applicant; or (B) where the land to which the application relates or applies comprises part of any allotment or allotments, on the owner of any allotment adjoining the allotment or allotments of which the land comprises part where such owner is other than. the applicant; (vi) give or cause to be given public notice of the application by advertisement in a newspaper. (b) The public notice of the application posted on land pursuant to subparagraph (iv) of paragraph (a)- (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 of- (A) 30 days, in the case of an application specified in paragraph (a) (i) ; and (B) 14 days, in the case of an application specified in paragraph (a) (ii) or paragraph (a) (iii), 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 subsection is referred to as " the last day for the receipt of objections)";

278 Local Government Act and Another Act Amendment Act 1980, No. 19 (ii) shall state- (A) in the circumstances referred to in paragraph (a) (i)- (1) the postal address and real property description of the land to which the application relates or applies; (2) the area of the land; (3) the zone from which the land is proposed to be excluded; (4) the zone in which the land is proposed to be included; and (5) the use desired to be made of the land following re-zoning; (B) in the circumstances referred to in paragraph (a) (ii) or paragraph (a) (iii)- (1) the postal address and real property description of the land to which the application relates or applies; (2) the area of the land; (3) the length of road frontage (frontage to each road, if more than one, to be shown separately); (4) the nature of the proposed use; (5) 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; the number of storeys; (6) the number of motor vehicles for which parking provision is to be made on the land; (7) the number of employees proposed to be engaged on the land; and (8) the nature of any machinery proposed to be used on the land; (C) that the application and accompanying documents or a copy thereof shall be open to inspection by any person at the office of the Local Authority on or before the last day for the receipt of objections, specifying the date thereof; (D) that objections to the granting of the application may be lodged on or before the last day for the receipt of objections; (E) the requirements with respect to objections prescribed by subparagraph (ii) of paragraph (h); and (iii) in the case of a notice to which paragraph (a) (iv) (A) or (a) (iv) (B) 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. (c) The advertisement in a newspaper pursuant to paragraph (a) (vi) shall be given at the same time as or within seven days before notice of the application is posted on land pursuant to paragraph (a) (iv) and shall state- (i) in the circumstances referred to in paragraph (a) (i)- (A) the postal address of the land to which the application relates or applies;

Local Government Act and Another Act Amendment Act 1980 , No. 19 279 (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) in the circumstances referred to in paragraph (a) (ii) and paragraph (a) (iii)- (A) the postal address of the land to which the application relates or applies; (B) where applicable the zone in which the land is included; (C) the nature of the proposed use, which may where applicable be described by use of a word or term defined in the scheme; (iii) that the application and accompanying documents or a copy thereof are open to inspection by any person at the office of the Local Authority; (iv) that objections to the granting of the application may be lodged with the clerk on or before the last day for the receipt of objections, specifying the date thereof. (d) The notice of application required to be served pursuant to paragraph (a) (v)- (i) shall be given at the same time as or within 7 days before notice of the application is posted on the land pursuant to paragraph (a) (iv) ; (ii) 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 Local Authority relating to the levying of rates.; (iii) shall contain the information specified in subparagraph (ii) and, where applicable, subparagraph (iii) of paragraph (b). (e) Upon the lodging in duplicate with the clerk of an application to which paragraph (a) applies, the Local Authority shall thereafter, and at all times during which its office is 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 office of the Local Authority. (f) Where an applicant gives public notice and, if applicable, serves notice of an application pursuant to paragraph (a) 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 clerk may in a particular case allow, lodge at the office of the Local Authority- (i) a statutory declaration stating facts that establish that the applicant has complied with all the relevant provisions of this subsection concerning the giving of public notice and the serving of notice of the application; (ii) a copy in writing of any public notice alleged, by such statutory declaration to have been-given pursuant to paragraph (a) (iv); and r (iii) a copy of the notice, if any alleged by such statutory declaration to have been served pursuant to paragraph (a) (v);

280 Local Government Act and Another Act Amendment Act 1980, No. 19 (iv) a copy of any public notice alleged by such statutory declaration to have been given pursuant to paragraph (a) (vi) with the name of the newspaper and the date of publication endorsed thereon. (g) An application specified in subparagraph (ii) or (iii) of paragraph (a) 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 Local Authority pursuant to subsection (6A) (b) (iii). (h) (i) 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 subsection. (ii) An objection pursuant to subparagraph (i) shall- (A) be in writing and signed by each person who makes the objection; (B) be addressed to the clerk; (C) state- (1) the name and address of each person who makes the objection; and (2) the grounds of objection and the facts and circumstances relied on by the objector or objectors in support of those grounds; (D) 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 paragraph (j) is to be given in respect of the application the subject of the objection; and (E) be lodged with the clerk. (i) For the purpose of deciding an application to which paragraph (a) applies, the Local Authority shall forthwith consider every objection thereto made and lodged in accordance with paragraph (h). (j) (i) Subject to subparagraph (ii), where the Local Authority proposes to grant an application to which paragraph (a) applies, the clerk shall give notice accordingly to every person who has made and lodged as prescribed by paragraph (h) an objection to the granting of the application. (ii) Where an objection duly made and lodged as prescribed by paragraph (h) with the clerk is so made and lodged by more than one person- (A) it shall be sufficient notification for the purposes of subparagraph (i) if the 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

Local Government Act and Another Act Amendment Act 1980, No. 19 281 (B) thereupon for the purpose of subparagraph (i), it shall be deemed that each person who made and lodged the objection was notified by the clerk at the same time as the person whose name first appears on the objection, or as the case may be, the person nominated as the person to whom a notice under this paragraph is to be given. (iii) The notification under this paragraph shall contain or be accompanied by a copy of this subsection. (k) Subject to this Act, a person who has duly objected to the granting of an application whereof notice has been given pursuant to this subsection may appeal to the Court against the proposal of the Local Authority to grant the application. Where an objection is made and lodged by more than one person every person who made and lodged the objection may appeal pursuant to this paragraph. (1) An appeal under this subsection shall be instituted within 30 days after the giving pursuant to paragraph (j) of the notification to the person who institutes the appeal but not later. (m) (i) Within 1.0 days after the institution of an appeal, or within such extended time as the Court may allow upon sufficient cause being shown, the appellant shall serve on the applicant written notice of the appeal and the grounds thereof together with a statement that the applicant may elect within 14 days after the notice is served,on him to become a respondent to the appeal. (ii) The applicant may, by filing in the Court notice of election in that behalf within 14 days after the notice is served on him under this subsection or within such extended time as the Court may allow upon sufficient cause being shown, become a respondent to the appeal and shall be entitled to be heard in the appeal as a party thereto. (n) Where a person has duly objected, the application shall not be decided- . (i) until the time for institution of an appeal has expired; or (ii) if an appeal is duly instituted, until the appeal is determined. (o) In the case of an appeal, in making its decision the Local Authority shall be bound by the determination of the appeal. (p) The Local Authority shall make its decision and the clerk shall notify the applicant thereof within 7 days after the time for institution of an appeal has expired or, if an appeal has been duly instituted, after the determination thereof. The notification shall state the grounds of the decision. 10

282 Local Government Act and Another Act Amendment Act 1980, No. 19 (q) Except where the Local Authority causes the applicant to post the notice of application in accordance. with paragraph (a), he shall pay to the Local Authority the costs of such notice and shall lodge with his application the amount of such costs. (r) The Court shall stay proceedings in any appeal under this subsection unless it is satisfied on oral evidence or by affidavit that the appellant has complied with the provisions of paragraph (m) in relation to the appeal. (s) The provisions of subsection (18) of section 33 of the Local Government Act 1936-1979 shall, notwithstanding the repeal thereof, apply in relation to an application to which that subsection applied, made prior to that repeal and to objections and appeals arising out of such application as if those provisions had remained in force and action in respect of the application shall proceed accordingly."; (p) in subsection (18A), (i) inserting after paragraph (b) the following paragraph:- " (ba) Where an objection duly lodged with the clerk is made and lodged by two or more persons, the clerk shall furnish to the applicant in accordance with paragraph (a) or (b) the name and address of every person who made and lodged the objection."; (ii) adding at the end of paragraph (d) the following subparagraph:- Where an objection is made and lodged by two or more persons, every person who made and lodged the objection may appeal pursuant to this paragraph (d)."; (q) inserting after subsection (18c) the following subsection:- (18D) Applications and appeals in respect of superseded town planning schemes or interim development by-laws. (a) In this subsection- (i) the expression "application to which this section applies" means an application that was duly made and lodged with the Local Authority before the prescribed date for any purpose in connexion with a superseded town planning scheme or superseded interim development by-law, which application had not been rejected or approved (either unconditionally or with conditions) by the Local Authority before the prescribed date, (ii) the expression "superseded town planning scheme" means- (A) the town planning scheme that was in force at the time of the making of an application to which this subsection applies; (B) any provision of that town planning scheme affecting an application to which this subsection applies that was in force at the time of the making of the application, but that ceases to have force and effect before the decision on such application by the Local Authority because of the coming into force of a new town planning scheme or, as the case may be, an amendment of the town planning scheme; (iii) the expression "superseded interim development by-law" means-

Local Government Act and Another Act Amendment Act 1980, No. 19 283 (A) a by-law made by a Local Authority to regulate and control the use of land and the erection or use of buildings or.other structures on land in an Area or part of an Area to be included within a town planning scheme pending the coming into force of the scheme and that was in force at the time of the making of an application to which this subsection applies; (B) any provision of a by-law specified in provision (A) of this subparagraph affecting an application to which this subsection applies that was in force at the time of the making of the application, but that ceases to have force and effect before the decision on such application by the Local Authority because of the coming into force of a town planning scheme; (iv) the expression " the prescribed date " means the date when- (A) a new town planning scheme becomes operative in place of an existing town planning scheme; (B) an amendment is made to a town planning scheme whereby a provision of such scheme previously in force affecting an application to which this subsection applies ceases to have force and effect; (C) a town planning scheme becomes operative in place of a by-law specified in paragraph (a) (iii) or, as the case may be, (D) an amendment is made to a by-law specified in paragraph (a) (iii) whereby a provision of that by-law previously in force affecting an application to which this subsection applies ceases to have force and effect. (b) An- application to which this subsection applies shall be dealt with and decided by the Local Authority as though the superseded town planning scheme or superseded interim development by-law had not been superseded, but the Local Authority may give such weight as it thinks fit to the provisions of the town planning scheme or interim development by-law in force at the time the application is dealt with and decided. (c) (i) An appeal instituted under this Act in respect of a decision of the Local Authority on an application to which this subsection applies or an appeal instituted pursuant to subsection (17) (c) in respect of such an application shall be determined by the Court as though the superseded town planning scheme or superseded interim development by-law had not been superseded, but the Court may give such weight as it thinks fit to the provisions of the town planning scheme or interim development by-law in force at the time the appeal is determined. (ii) Where an application referred to in paragraph (a) was in relation to the exclusion of land from a zone and the inclusion of that land in another zone, the Court may, in its determination of the appeal, direct the Local Authority to make application to the Minister for amendment of the town planning scheme in such manner as to accord with the town planning scheme in force at the time the appeal is determined.

284 Local Government Act and Another Act Amendment Act 1980, No. 19 (d) (i) Where an application to which this subsection applies is dealt with and decided under paragraph (b) or an appeal is determined under paragraph (c), any rights conferred thereby may be exercised as if the application had been dealt with and decided-or the appeal determined before the prescribed date. (ii) The use of land or the use or erection of any building or other structure lawfully commenced after the prescribed date in accordance with subparagraph (i) shall be deemed to be a use that was in existence or, as the case may be, an erection that was commenced immediately before the prescribed date and the provisions of the town planning scheme or interim development by-law for the time being in force in the Area or part of the Area in which the land is situated shall apply to such use or erection accordingly. (e) (i) Where- (A) before the prescribed date the Local Authority has approved an application to exclude land from a zone and to include that land in another zone under a superseded town planning scheme but that scheme had not been amended to give effect to such approval before'that date; or (B) after the prescribed date the Local Authority approves, in accordance with the provisions of paragraph (b), an application to exclude land from a zone and to include the land so excluded in another zone, the Local Authority may make application to the Minister under paragraph (c) for an amendment of the town planning scheme for the time being in force in the Area or part of the Area in which the land is situated to take account of the approval and, when making the application, the Local Authority may recommend to the Governor in Council that he make such amendments of the application as the Local Authority thinks fit so as to accord with the scheme last mentioned. (ii) The Governor in Council when dealing with an application by the Local Authority for an amendment of a town planning scheme pursuant to subparagraph (i) may make such amendments of the application as he thinks fit so as to accord with the scheme. (iii) An amendment of an application by the Governor in Council pursuant to subparagraph (ii) shall nc affect the validity of any agreement that may have been entered into between any person and the Local Authority providing for the inclusion of the land the subject of the application in a particular zone and, for the purpose of enforcing the provisions of such agreement, it shall be taken that the Local Authority has complied with the provisions thereof that relate to the inclusion of the land in a particular zone. (f) (i) Where an application for any purpose in connexion with a superseded town planning scheme or superseded interim development by-law has been decided by the Local Authority prior to the prescribed date and an appeal to the Court has not been determined at the prescribed date, the appeal shall be determined by the Court as though the superseded town planning scheme or superseded interim development by-law had

Local Government Act and Another Act Amendment Act 1980, No. 19 285 not been superseded but the Court may give such weight as it thinks fit to the provisions of the town planning scheme or interim development by-law for the time being in force in the Area or part of the Area in which the land in question is situated. (ii) Where an application referred to in subparagraph (i) was in relation to the exclusion of land from a zone and the inclusion of that land in another zone, the Court may, if allowing the appeal, direct the Local Authority to make application to the Minister for amendment of the town planning scheme for the time being in force in the Area or part of the Area in which the land is situated in such manner as to accord with that scheme. (g) Where- (i) prior to the date of the coming into force of the first town planning scheme for an Area or part of an Area, approval had been obtained from the Local Authority for the use of land or the use or erection of a building or other structure; or (ii) a new town planning scheme becomes the town planning scheme for the time being in force in an Area or part of an Area in place of an existing town planning scheme or a provision of an existing town planning scheme or interim development by-law ceases to have force and effect because of the coming into force of an amendment of that scheme or of that by-law and- (A) approval has been obtained under the existing town planning scheme or provision of the existing town planning scheme or interim development by-law for the use of land or the use or erection of any building or other structure; or (B) approval has been obtained pursuant to the provisions of the 'Building Act 1975-1978 or of a by-law made by the Local Authority under this Act for the erection of any building or other structure; and (iii) the rights conferred by an approval referred to in subparagraph (i) or subparagraph (ii) had not been exercised at the prescribed date and the approval remained in force at that date, such rights may, subject to subsection (16D), be exercised in accordance with that approval. (h) The use of land or the use or erection of any building or other structure lawfully commenced after the prescribed date in accordance with paragraph (g) shall be deemed to be a use that was in existence or, as the case may be, an erection that was commenced immediately before the prescribed date and the provisions of the town planning scheme or interim development by-law for the time being in force in the Area or part of the Area in which the land, building or other structure is situated shall apply to such use or erection accordingly."; (r) in subsection (20), omitting the words "one hundred dollars" and "ten dollars" and substituting in each case respectively the expressions "$500" and "$50".

286 Local Government Act and Another Act Amendment Act 1980, No. 19 17. Amendment of s. 34. Section 34 of the Principal Act is amended by- (a) in subsection (15), in paragraph (a), inserting after the words " The Local Government Court " where they occur in the 7th paragraph the words " at any time after the expiration of the prescribed period "; (b) inserting after subsection (15) the following subsection:- ( 1S5AA)) Application and appeals in respect of superseded by-laws etc. (a) In this subsection- (i) the expression " application to which this subsection applies " means an application that was duly made and lodged with the Local Authority before the prescribed date for the subdivision of land or the opening of a road which application had not been rejected or approved (either unconditionally or with conditions) by the Local Authority before the prescribed date; (ii) the expression" superseded by-law " means-- (A) a by-law of the Local Authority dealing with the subdivision of land or the opening of roads that was in force at the time of the making of an application to which this subsection applies; (B) a provision of that by-law affecting an application to which this subsection applies that was in force at the time of the making of the application, but that ceases to have force and effect before the decision on such application by the Local Authority because of the coming into force of a new by-law, or as the case may be, an amendment of the by-law; (iii) the expression " the prescribed date " means the date when- (A) a new by-law dealing with the subdivision of land or the opening of roads becomes operative in place of an existing by-law; or, as the case may be, (B) an amendment is made to a by-law dealing with the subdivision of land or the opening of roads whereby a provision of such by-law previously in force affecting an application to which this subsection applies ceases to have force and effect. (b) An application to which this subsection applies shall be dealt with and decided by the Local Authority as though the superseded by-law had not been superseded, but the Council may give such weight as it thinks fit to the provision of the by-law in force at the time the application is dealt with and decided. (c) An appeal instituted under this Act in respect of a decision of the Local Authority on an application to which this subsection applies or an appeal instituted pursuant to the seventh paragraph of subsection (15) (a) in respect of such an application shall be determined by the Court as though the superseded by-law had not been superseded, but the Court may give such weight as it thinks fit to the provisions of the by-law in force at the time the appeal is determined.

Local Government Act and Another Act Amendment Act 1980 , No. 19 287 (d) Where an application to which this subsection applies is granted under paragraph (b) or an appeal is allowed under paragraph (c), the rights conferred thereby may be exercised as if the application has been granted or the appeal allowed before the prescribed date. (e) Where an application for a purpose in connexion with a superseded by-law has been decided by the Local Authority prior to the prescribed date and an appeal to the Court has not been determined at the prescribed date, the appeal shall be determined by the Court as though the superseded by-law had not been superseded but the Court may give such weight as it thinks fit to the provisions of the by-law for the time being in force in the Area or part of the Area in which the land in question is situated. (f) Where- (i) prior to the date of the coming into force for an Area or part of an Area of a by-law dealing with the subdivision of land or the opening of roads approval had been obtained from the Local Authority for the subdivision of land or the opening of a road; or (ii) a new by-law dealing with the subdivision of land or the opening of roads has force and effect in place of an existing by-law or a provision of an existing by-law ceases to have force and effect because of the coming into force of an amendment of that by-law and approval has been obtained under the existing by-law or provision of the existing by-law for the subdivision of land or.the opening of a road; and (iii) the rights conferred by an approval referred to in subparagraph (i) or subparagraph (ii) had not been 'exercised at the prescribed date and the approval remained in force at that date, such rights may be exercised in accordance with that approval. (g) An appeal instituted under this Act in respect of a decision of the Local Authority on an application for the subdivision of land or the opening of a road (other than an application to which this subsection applies) or an appeal instituted pursuant to the seventh paragraph of subsection (15) (a) in respect of such an application shall be determined by the Court having regard to the provisions of the by-laws of the Council dealing with the subdivision of land or the opening of roads in force at the date of the decision on such application or, as the case may be, the expiration of the period prescribed by subsection (15) (a) for deciding the application, but the Court may give such 'weight as it thinks fit to the provisions of any by-law in force at the time the appeal is determined.". 18. Amendment of s. 35. Section 35 of the Principal Act is amended by, in subsection (7), omitting paragraph (f). 19. Amendment of s. 36. Section 36 of the Principal Act is amended by, in subsection (15), in paragraph (ii), omitting the words " The Local Authority may borrow money from the Treasury to defray the cost of undertaking such function and every ", and substituting the word " Every ".

288 Local Government Act and Another Act Amendment Act 1980, No. 19 20. Amendment of s. 49E . Section 49E of the Principal Act is amended by- (a) in subsection 4, omitting the proviso and inserting the following proviso:- " Provided that, where, pursuant to Part VIA of the Traffic Act1949-1979, the Local Authority decides to regulate and control parking on any road in the Area, it may (subject to making provision therefor in the budget for the year in question) transfer moneys from the general fund to such special account for the purpose of defraying in relation to such parking any expense referred to in this subsection."; (b) inserting after subsection (4) the following subsection:- (4A) Notwithstanding the Traffic Act1949-1979 (and regulations made thereunder), a Local Authority, which term includes Brisbane City Council, may make a by-law or ordinance prescribing a sum of money that may be paid as provided for under section 44F of that Act by way of penalty for the offence to which this subsection applies. The offence to which this subsection applies shall be the offence of standing a vehicle, other than a bus standing for the purpose of picking up and setting down passengers at a bus stop, in or on a clearway during a period when the standing of vehicles on such clearway is prohibited, which offence is deemed to be a minor offence for the purpose of the Traffic Act1949-1979. The sum prescribed by a Local Authority by by-law or ordinance may be in excess of the sum that may be prescribed pursuant to the Traffic Act1949-1979 and the sum so prescribed by by-law or ordinance shall, for the purpose of the notice in writing issued by an authorised person pursuant to that Act, be the prescribed sum by way of penalty under that Act for the offence to which this subsection applies. For the purposes of this subsection, the term " clearway " means a length of road defined by clearway signs in accordance with the Manual of Uniform Traffic Control Devices within the meaning of the TrafficAct1949-1979.". 21. Amendment of s. 49F . Section 49F of the Principal Act is amended by, in subsection (5), inserting the following proviso:- " Provided that the Local Authority may (subject to making provision therefor in the budget for the year in question) transfer moneys from the general fund to such special account for the purpose of defraying the expenses referred to PART III-AMENDMENT OF THE VALUATION OF LAND ACT 1944-1977 22. Citation . ( 1) In this Part, the Valuationof Land Act1944-1977 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Valuationof LandAct1944-1980.

Local Government Act and Another Act Amendment Act 1980, No. 19 289 23. Amendment of s. 23. Section 23 of the Principal Act is amended by adding at the end thereof the following paragraph:- " Where due to an alteration in the valuation, an adjustment of the amount of rates paid or payable becomes necessary, that adjustment shall be made subject to and in accordance with section 27 (3A) of the Local Government Act 1936-1980.".