Local Government Act and Another Act Amendment Act 1981 (Qld)

1069 (1 u nsf axttji ANNO TRICESIMO ELIZABETHAE SECUNDAE REGINAE No. 105 of 1981 An Act to amend the Local Government Act 1936-1981 and the City of Brisbane Town Planning Act 1964-1981 each in certain particulars and for related purposes [ASSENTED TO 16TH DECEMBER, 1981]

1070 Local Government Act and Another Act Amdt Act 1981, No. 105 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 Local Government Act and Another Act Amendment Act 1981. 2. Arrangement of Act. This Act is divided into Parts as tollows:- PART I-PRELIMINARY; PART II-AMENDMENTS OF LOCAL GOVERNMENT ACT 1936-1981; PART 111-AMENDMENTS OF CITY OF BRISBANE TOWN PLANNING ACT 1964-1981; PART IV-MISCELLANEOUS. PART II-AMENDMENTS OF LOCAL GOVERNMENT ACT 1936-1981 3. Citation . (1) In this Part the Local Government Act 1936-1981 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Local Government Act 1936-198 1. 4. Amendment of s. 29A. Duty of Local Authority with respect to money, etc ., unaccounted for. Section 29A of the Principal Act is amended by in the first paragraph omitting all words from and including the words " to the Auditor-General and to a member " to and including the words " of higher rank " and substituting the following words and expressions:- in writing to- (a) the Auditor-General; and (b) a member of the Police Force of Queensland appointed to be in charge of the Police Station established at, or nearest to, the locality where the money or property was stolen or not accounted for ". 5. Amendment of s. 33. Town Planning. Section 33 of the Principal Act is amended by inserting after subsection (22A) the following subsection:- " (228) (a) Restriction on combined use of land etc., for service station and shop etc. Subject to paragraph (b) and notwithstanding anything contained in a town planning scheme in force in an Area, or part of an Area, specified by the Governor in Council by Order in Council any land, or any building or other structure on land, in the Area or part of the Area so specified shall not be used as a service station in combination with any of the following uses each of which is hereinafter in this subsection called a " specified use "- (i) drive-in shopping centre; (ii) general store;

Local Government Act and Another Act Amdt Act 1981, No. 105 1071 (iii) local store; (iv) shop; (v) shopping centre; or (vi) store, unless that land is- (vii) included in the Special Facilities Zone; and (viii) designated in red lettering on the relevant scheme map with the purpose " service station " in combination with the particular specified use. (b) The provisions of paragraph ( a) shall not prevent the use of any land, building or other structure as a service station in combination with a specified use where- ( i) the use in question was an existing lawful use of the land. building or other structure, at the commencement of this Act: or (ii) consent for the use in question has been granted before the commencement of this Act and the use is effected in conformity with that consent. (c) A use of any land, building or other structure specified in paragraph (b) shall be deemed to constitute a lawful non-conforming use of the land, building or other structure in question under the town planning scheme in force in the Area or part of the Area in which the land, building or other structure is situated. (d) In the application of paragraphs (a) and (b) to an Area or part of an Area, the terms " service station ", " drive-in shopping centre ". " general store ", " local store ", " shop ", " shopping centre " and " store " shall have the meanings assigned to them by the town planning scheme in force in the Area or part of the Area.". 6. Amendment of s. 34 . Subdivision of land . Section 34 of the Principal Act is amended by in subsection (12)- (a) omitting from the end of subparagraph -(n) the expression "." and substituting the expression ";"; (b) inserting after subparagraph (n) the following subparagraph:- (o) whether the applicant should be required to extirpate and destroy any noxious weed or plant existing on the land proposed to be subdivided: For the purpose of this subparagraph the term " noxious weed or plant " means a weed or plant that, in the Area in question- (i) has been declared to be a noxious weed or plant under this Act; or (ii) is a noxious plant, within the meaning of the Stock Routes and Rural Lands Protection Act 1944-1978.".

1072 Local Government Act and Another Act Amdt Act 1981, No. 105 PART III-AMENDMENTS OF CITY OF BRISBANE TOWN PLANNING ACT 1964-1981 7. Citation . ( 1) In this Part the City of Brisbane Town Planning Act 1964-1981 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the City' of Brisbane Town Planning Act 1964-1981. 8. Amendment of s. 7A. Plan may include Crown land. Section 7A of the Principal Act is amended by in subsection (4) omitting the word and expression " subsection 7 " and substituting the word and expression 61 section 7 ". 9. New s. 22A. The Principal Act is amended by inserting after section 22 the following section:- 22A. Restriction on combined use of land etc., for service station and shop etc. (1) Subject to subsection (2) and notwithstanding anything contained in the Plan any land, or any building or other structure on land, shall not be used as a service station in combination with any of the following uses each of which is hereinafter in this subsection called a " specified use "- (a) local store; (b) shop; or (c) shopping complex, unless that land is- (d) included in the Special Uses Zone; and (e) designated in red or black lettering on the relevant scheme map with the purpose " service station " in combination with the particular specified use. (2) The provisions of subsection (1) shall not prevent the use of any land, building or other structure as a service station in combination with a specified use where- (a) the use in question was an existing lawful use of the land, building or other structure at the commencement of this Act; or (b) consent for such use has been granted before the commencement of this Act and the use is effected in conformity with such consent. (3) A use of any land, building or other structure specified in subsection (2) shall be deemed, for the purposes of the Plan, to be a use that was in existence immediately before the commencement of the Plan and the provisions of the Plan shall apply to such use accordingly. (4) For the purposes of this section, the terms " service station ", " local store ", " shop " and " shopping complex " shall have the meanings assigned to them by the Plan.".

Local Government Act and Another Act Amdt Act 1981, No. 105 1073 10. Amendment of s. 24 . Offences . Section 24 of the Principal Act is amended by inserting after the word " provisions " the words " of this Act or ". PART IV-MISCELLANEOUS 11. Construction of by-law of Shire of Maroochy. (1) Notwithstanding the provisions of clause (1) of by-law 15 of Part 3 of Chapter 44 of the by-laws of the Council of the Shire of Maroochy, the reference in that clause to the word and expression "Appendix A" shall be read and construed as a reference to the words " the Schedule ". (2) This section shall be deemed to have commenced on the 16th August, 1980 and shall have retrospective effect accordingly.