Local Government Acts Amendment Act of 1966 (Qld)

216 Qu2Qxts1aur ANNO QUINTO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 30 of 1966 An Act to Amend "The Local Government Acts, 1936 to 1965," in certain particulars ASSENTED TO 21ST DECEMBER, 1966] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. (1) Short title . This Act may be cited as 66 The Local Government Acts Amendment Act of 1966." (2) Principal Act. " The Local Government Acts, 1936 to 1965," are in this Act referred to as the Principal Act. (3) Collective title. The Principal Act and this Act may be collectively cited as " The Local Government Acts, 1936 to 1966." 2. Amendments of s. 3 (1). Subsection (1) of section three of the Principal Act is amended by- (a) omitting the definition "Town Planning "; and (b) omitting the definition " " Town planning scheme " or " scheme " ". 3. Amendment of s. 4 (2). Subsection (2) of section four of the Principal Act is amended by omitting paragraph (v).

Local Government Acts Amendment Act of 1966, No. 30 217 4. Amendments of s. 19 . Section nineteen of the Principal Act is amended by- (a) in subsection (4)- (i) in the first paragraph omitting the words " five hundred pounds or less " and inserting in their stead the words` two thousand dollars or less "; (ii) in the second paragraph omitting the words " exceeding two hundred and fifty pounds, but not exceeding five hundred pounds " and inserting in their stead the words " exceeding five hundred dollars, but not exceeding two thousand dollars "; and (iii) in the fourth ( and last ) paragraph omitting the words " exceeding five hundred pounds " and inserting in their stead the words " exceeding two thousand dollars "; and (b) adding the following subsection:- " (5) (a) In respect of a sale of land or of any surplus goods or materials a Local Authority may, in the stead of complying with subsection ( 4) of this section, comply with this subsection. (b) A Local Authority may sell any land or any surplus goods or materials by public auction or private contract , but no such sale shall be made by private contract unless and until the land or surplus goods or materials have been offered for sale by public auction and not sold. (c) The Local Authority shall, not more than fourteen or less than seven days before the date on which it will offer for sale by public auction any land or surplus goods or materials , advertise in a newspaper the day, time and place when and where the public auction will take place and a full description of the land or, as the case may be, surplus goods or materials in question. (d) In the case of land , the Local Authority shall, not more than fourteen or less than seven days before the date on which it will offer the land for sale by public auction , affix on some conspicuous part of the land a notice setting out the day, time and place when and where the public auction will take place and a full description of the land. (e) Any offer for sale by public auction to which this subsection applies may be at a reserve price resolved by the Local Authority." 5. Amendment of s. 23 ( 2). Subsection ( 2) of section twenty-three of the Principal Act is amended by adding to the second subparagraph of paragraph ( ii) the following provision:- (f Payments for the purpose of defraying any expense referred to in paragraphs ( b) or (d ) of subsection ( 4) of section 49E of this Act incurred by the Local Authority in relation to the control and regulation of parking on any road in its Area other than by means of metered parking or parkatarea parking ". 6. Amendments of s. 24 . Section twenty-four of the Principal Act is amended by- (a) in subsection (3)- (i) omitting subparagraphs (h) and (i) of the first paragraph; (ii) re-lettering subparagraph (j) of the first paragraph as subparagraph (h); (iii) omitting subparagraphs (k) and (1) of the first paragraph; and

218 LocalGovernmentActs Amendment Act oj' 1966, No. 30 (iv) inserting after subparagraph (h) of the first paragraph, as so relettered by this section, the following subparagraphs:- " (i) Coal mining lease; (j) Special coal mining lease; (k) Stud holding; (1) Purchase lease issued pursuant to " The Brigalow and Other Lands Development Acts, 1962 to 1965 "; "; and (b) in subsection (4) omitting paragraph (b) and inserting in its stead the following paragraph:- (b) Held from the Crown under mining lease or mining tenure other than a mining lease or mining tenure mentioned in subsection (3) of this section.". - 7. Amendment of s. 32 (7). Subsection (7) of section thirty-two of the Principal Act is amended by adding to the fourth paragraph the words "or to pupils who, subsequent to attending schools or colleges in its Area, are attending schools or colleges outside its Area for the purpose of obtaining education of a standard which is not provided by any school or college within its Area." 8. Repeal of and new s. 33. The Principal Act is amended by repealing section thirty-three and inserting in its stead the following section:-- " [33.] (1) Definitions . In this section, unless the context otherwise indicates or requires, the following terms have the meanings set against them respectively, that is to say:- " Allotment "-A piece, parcel or subdivision of land the boundaries of which are separately defined by metes and bounds on a plan of survey deposited in the Survey Office or, in the case of land under " The Real Property Acts, 1861 to 1963," which has been subdivided, any and every subdivision of such land the boundaries of which are separately defined by metes and bounds on the relevant plan of such land registered with the Registrar of Titles under and in accordance with " The Real Property Acts, 1861 to 1963 " Amend "-In relation to a town planning scheme amend, add to, alter or modify otherwise; " Court "-The Local Government Court constituted under " The City of Brisbane Town Planning Act of 1964 "; " Erect "-Includes- (a) erect or commence or continue to erect; (b) do, or commence or continue to do any work in the course of or for the purpose of erecting; (c) perform any structural work or make any alteration, addition or rebuilding; (d) move from one position on an allotment to another position on or partly on the same allotment or another allotment; (e) re-erect with or without alteration on or partly on the same or another allotment; or (f) where a building or other structure is located on more than one allotment- (i) move to another position on the same allotments or any of them or to another allotment or allotments; or

Local Government Acts Amendment Act of 1966, No. 30 219 (ii) re-erect with or without alteration on another position on the same allotments or any of them or on another allotment or allotments: " Scheme maps "-The map which is, or the maps respectively which are included in the series of maps which are, comprised in a town planning scheme and which map or maps is or are authenticated and kept as prescribed by the scheme; " Town planning "-Town planning shall include all matters necessary or expedient for securing the improvement, development, healthfulness, amenity, embellishment, convenience, or commercial advancement of the Area or a part of the Area of any Local Authority; - " Town planning scheme " or " scheme "-A scheme for town planning; " Use "-In relation to land, includes the carrying out of excavation work in or under land and the placing on land of any material or thing which is not a building or other structure: The term includes any use which is incidental to and necessarily associated with the lawful use of the land in question; " Zone "-The divisions respectively into which the Area or part of the Area included within a town planning scheme is divided by the scheme for the purposes thereof. (2) Preparation of town planning scheme . (a) A town planning scheme may be prepared by a Local Authority for its Area or a part of its Area. (b) When a Local Authority has decided to prepare a town planning scheme, it shall pass a resolution to that effect defining the area it is proposed to include within the scheme. A copy of this resolution shall be forwarded together with a map showing the area defined in the resolution to the Minister. (c) When the Minister has approved of such resolution he shall publish notice of his approval in the Gazette, and the Local Authority may then proceed with the preparation of the scheme. (d) If no action is taken by the Local Authority to proceed with the preparation of the scheme within a period of one year from and including the date of the publication in the Gazette of the notice of approval of the resolution by the Minister such approval shall lapse, and a fresh resolution shall be passed by the Local Authority and approved by the Minister before a scheme may be proceeded with. (3) Approval of scheme by Governor in Council . (a) When a town planning scheme has been prepared by a Local Authority, and before application is made to the Minister for its approval by the Governor in Council, the Local Authority shall, by advertisement published at least once in the Gazette and in a newspaper, give public notice of its intention to make such application and that particulars, including the relevant map or maps of the scheme is or are open to inspection at the office of the Local Authority and that objections to the scheme may be lodged with the clerk in pursuance of the provisions of this subsection on or before the date specified in the advertisement (which date is in this subsection called " the last day for the receipt of objections ").

220 Local Government Acts Amendment Act of 1966, No. 30 Such date shall be a date not less than ninety days after the date of publication of the advertisement in the Gazette or newspaper whichever last occurred or, where the advertisement is published in the Gazette and in a newspaper more than once, not less than ninety days after the date of the first publication of the advertisement in the Gazette or newspaper whichever last occurred. The Local Authority shall, at all times during which its office is open for the conduct of public business, keep open to inspection as advertised under this subsection, the scheme, including the relevant map or maps. (b) Every objection shall be in writing, shall be addressed to the clerk, and shall state the grounds of- objection and the facts and circumstances relied on by the objector in support of those grounds. (c) The Local Authority shall forthwith consider any and every objection made as prescribed by paragraph (b) of this subsection and lodged with the clerk on or before the last day for the receipt of objections. (d) Application by the Local Authority for the approval of a town planning scheme shall be made to the Minister within ninety 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) all objections made and lodged as prescribed on or before the last day for the receipt of objections; (ii) the representations by the Local Authority in respect of all objections made and lodged as prescribed; (iii) particulars, including the relevant map or maps of the scheme. (e) The Governor in Council shall consider every application made to the Minister under this subsection and all objections and representations accompanying such application 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 which accompanied the application, deems fit. (f) Where the Governor in Council approves of the scheme an Order in Council notifying such approval shall be published in the Gazette. Such Order in Council shall describe so as to identify the scheme approval whereof is thereby notified. Upon the publication of such Order in Council the scheme shall become and be the town planning scheme for the Area or part of the Area in question and shall have the force of law and be binding upon and obeyed by the Local Authority and all persons whomsoever accordingly. (4) Local Authority to administer scheme. (a) The Local Authority is hereby charged with the administration, implementation and enforcement of the scheme. (b) The Local Authority shall at the expiration of the period of five years commencing on the date when the Order in Council notifying approval of the scheme is published in the Gazette and at the expiration of every period of five years thereafter review the scheme: Provided that, in the case of a scheme finally approved by the Governor in Council before the date of the coming into force of " The Local Government Acts Amendment Act of 1966," the Local Authority

Local Government Acts Amendment Act of 1966, No. 30 221 shall at the expiration of the period of five years commencing on such date, and at the expiration of every period of five years thereafter, review such scheme. If, upon such a review the Local Authority determines that the scheme does not require amendment, the Local Authority shall report accordingly to the Minister. If, upon- such a review, the Local Authority determines that the scheme requires amendment the Local Authority shall proceed in the matter of such amendment as prescribed. (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. (b) Before making any such application the Local Authority shall, by advertisement published at least once in the Gazette and in a newspaper, give public notice of its intention to make the application and that particulars, including the relevant map or maps, if any, of the amendments of the scheme for which the Local Authority proposes to apply is or are open to inspection at the office of the Local Authority and that objections to such proposals may be lodged with the clerk in pursuance of the provisions of this subsection on or before the date specified in the advertisement (which date is in this subsection called " the last day for the receipt of objections "). Such date shall, where the advertisement relates to amendments determined by the Local Authority to be required upon any review made pursuant to subsection (4) of this section, be a date not less than ninety days after the date of the publication of the advertisement in the Gazette or newspaper whichever last occurred or, where the advertisement is published in the Gazette and in a newspaper more than once, not less than ninety days after the date of the first publication of the advertisement in the Gazette or newspaper whichever last occurred. Otherwise such date shall be a date not less than thirty days after the date of publication of the advertisement in the Gazette or newspaper whichever last occurred or, where the advertisement is published in the Gazette and in a newspaper more than once, not less than thirty days after the date of the first publication of the advertisement in the Gazette or newspaper whichever last occurred. The Local Authority shall at all times during which its office is open for the conduct of public business, keep open to inspection as advertised under this subsection, particulars, including the relevant map or maps, if any, of any amendments of the scheme for which it proposes to apply. (c) Every objection shall be in writing, shall be addressed to the clerk, and shall state the grounds of objection and the facts and circumstances relied on by the objector in support of those grounds. (d) The Local Authority shall forthwith consider any and every objection made as prescribed by paragraph (c) of this subsection and lodged with the clerk on or before the last day for the receipt of objections. (e) Any application by the Local Authority to the Minister for amendment of the scheme shall be made to the Minister within ninety 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.

222 Local Government Acts Amendment Act of 1966, No. 30 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) all objections made and lodged as prescribed on or before the last day for the receipt of objections; (iii) the representations by the Local Authority in respect of all objections made and lodged as prescribed; (iv) particulars including the relevant map or maps, if any, of the amendment. (f) The Governor in Council shall consider every application made to the Minister under this subsection and all objections and representations accompanying such application 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 which accompanied the application, deems fit. (g) Where the Governor in Council approves of any amendment of the scheme applied for by the Local Authority an Order in Council notifying such amendment shall be published in the Gazette. 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 in question and shall have the force of law and be binding upon and obeyed by the Local Authority and all persons whomsoever accordingly. (6) Amendments , & c., of town planning scheme 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 shall, by advertisem: nt published at least once in the Gazette and in a newspaper give public notice of his intention to make the recommendation and that particulars including the relevant map or maps, if any, of the amendments of the scheme which he proposes to recommend is or are open to inspection at the Department of Local Government and that objections to such recommendation may be lodged in such Department in pursuance of the provisions of this subsection on or before the date specified in the advertisement (which date is in this subsection called " the last day for the receipt of objections "). Such date shall be a date not less than thirty days after the date of the publication of the advertisement in the Gazette or newspaper whichever last occurred, or, where the advertisement is published in the Gazette and in a newspaper more than once, not less than thirty days after the date of the first publication of the advertisement in the Gazette or newspaper whichever last occurred. The Director of Local Government shall, at all times during which his office is open for the conduct of public business, keep open to inspection as advertised under this subsection, particulars, including the relevant map or maps, if any, of all amendments of the scheme which the Minister proposes to recommend.

Local Government Acts Amendment Act of 1966, No. 30 223 (c) Every objection shall be in writing, shall be addressed to the Director of Local Government, and shall state the grounds of objection and the facts and circumstances relied on by the objector in support of those grounds. In making the recommendation to the Governor in Council the Minister shall have regard to every objection made as prescribed by this subsection and lodged in the Department of Local Government on or before the last day for the receipt of objections. (d) An Order in Council notifying any amendment of the scheme made by the Governor in Council upon the recommendation of the Minister shall be published in the Gazette. 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 shall become and be the town planning scheme for the Area or part of the Area in question and shall have the force of law and be binding upon and obeyed by the Local Authority and all persons whomsoever accordingly. (e) All costs incurred by the Minister in respect to any amendments of a scheme made under this subsection. shall 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. (7) Appeal to Court by applicant for re-zoning of land. (a) An applicant to the Local Authority to exclude land from any zone and to include the land so excluded in another zone may appeal to the Court against the decision of the Local Authority refusing such application. (b) If the Court allows the appeal, it shall order the Local Authority to make application to the Minister for such amendment of the scheme as would if made, effect the application. Such application shall be made in accordance with the provisions of this section relating to amendment of the scheme which are applicable in the circumstances of the case and the Local Authority shall, within the time specified in the order of the Court, commence to take and do the steps and things prescribed by this section to be done and taken by it in respect of such application. (8) Town planning scheme to be open to inspection . The Local Authority shall keep open to inspection at its office at all times during which its office is open for the transaction of public business, a copy of the scheme as in force for the time being. In this subsection the expression " a copy of the scheme ", includes a copy of this section, a copy of the Order in Council whereby the Governor in Council notified in the Gazette his approval of the scheme, a copy of any and every Order in Council whereby the Governor in. Council notified in the Gazette any amendment of the scheme, copies of all scheme maps, and copies of all by-laws made pursuant to this section. (9) Town planning certificate . The Local Authority shall, within seven days of the receipt by it of an application in that behalf accompanied by the amount of the fee, if any, fixed by or pursuant to by-law or resolution give to any person a certificate, called a town planning certificate, setting forth. in respect of the land specified in the application- (a) the zone or zones in which such land is situated;

224 Local Government Acts Amendment Act of 1966, No. 30 (b) the provisions, if any, of the scheme relating to proposed roads and proposed road widenings which affect such land or any building or other structure thereon; (c) particulars of all consents, permissions and approvals granted by the Local Authority relevant to such land. Every such certificate shall be signed by the clerk or by some officer of the Local Authority thereunto authorised by by-law. A town planning certificate shall be admissible in evidence in any proceedings wherein proof of any of the matters certified to therein is relevant and shall be proof of such matters and, in the absence of evidence in rebuttal, shall be conclusive such proof. (10) Claims for compensation . (a)- Subject to this section any person- (i) who has an estate or interest in land included within a town planning scheme approved pursuant to this section or finally approved pursuant to section thirty-three of " The Local Government Acts, 1936 to 1965," and such estate or interest is injuriously affected- (a) by the coming into operation of any provision contained in the scheme; or (b) by any prohibition or restriction imposed by or under the scheme; or (ii) who has incurred expenditure pursuant to a town planning certificate given to him by the Local Authority pursuant to this section which expenditure is rendered abortive in whole or in part by reason of any error, omission or inaccuracy in such certificate, shall, if he makes a claim therefor within the time prescribed, be entitled to obtain from the Local Authority compensation in respect of such injurious affection or expenditure. - (b) Subject to paragraph (c) of this subsection where under a town planning scheme approved pursuant to this section or finally approved pursuant to section thirty-three of " The Local Government Acts, 1936 to 1965 " any land is included in a zone wherein, pursuant to the scheme, the only permissible use of land (other than the continuance of the use to which the land was lawfully being put at the time of the coming into force of the scheme and other than a use of the land which may be permitted by the Local Authority under the scheme) is use for public purposes or is affected by a proposed road (not being a road widening), no claim for compensation shall arise against the Local Authority for injurious affection to that land due to prohibition or restriction of the use thereof because of such inclusion or proposed road until- (i) the land is first sold after the scheme comes into force; or (ii) the owner, having offered the land for sale in good faith and having taken reasonable steps to obtain a fair and reasonable price for the land, has been unable to sell the land; or (iii) the Local Authority refuses an application made under the scheme for permission to use the land or erect a building or other structure thereon for a purpose which is permissible under the scheme.

Local Government Acts Amendment Act of 1966, No. 30 225 (c) Before compensation is awarded in a case to which subparagraphs (i) or (iii) of paragraph (b) of this subsection applies- (i) where the land is sold, the Court shall be satisfied- (a) that the owner of the land has sold the land at a lesser price than he might reasonably have expected to receive had there been no such prohibition or restriction as aforesaid; and (b) that the owner sold the land in good faith and took reasonable steps to obtain a fair and reasonable price for the land; or (ii) where the Local Authority refuses any application as aforesaid, the Court shall be satisfied that the application -was made in good faith. (11) Compensation not payable in certain cases . (a) Compensation shall not be payable in the following cases:- (i) In respect of any building or other structure erected or work done upon, or contract made, or other act or thing done in respect of land in the Area or part of the Area of a Local Authority in. respect of which a town planning scheme has been approved pursuant to this section or finally approved pursuant to section thirty-three of " The Local Government Acts, 1936 to 1965," unless, where required by law, the erection of such building or other structure, or the doing of such work or the making of such contract, or the doing of such other act or thing was permitted by the Local Authority: (ii) Where an estate or interest in land is injuriously affected by reason of any provision contained in the scheme, if and in so far as the same provision or a provision substantially of the same effect was, at the date when the provision included in the scheme came into operation, already in force by virtue of this or some other Act or by-law of the Local Authority; (iii) Where an estate or interest in land is affected by any provision of the scheme or a by-law of the Local Authority which prescribes the space about buildings or other structures or limits the size of allotments or the number of buildings or other structures to be erected or prescribes the height, floor space, design, external appearance or character of buildings or other structures, but nothing contained in this paragraph shall limit the liability of the Local Authority to pay compensation in respect of the acquisition by it of land pursuant to its power under subsection (9) of section thirty-five of this Act; (iv) Where an estate or interest in land is affected by any provision of the scheme which prohibits or restricts the, use of land or the erection or use of a building or other structure thereon for a particular purpose, unless the applicant establishes that he had a legal right immediately before the provision in question of the scheme came into force to use the land or erect or use a building or other structure thereon for the particular purpose which is prohibited or restricted as aforesaid: This subparagraph (iv) shall not apply in relation to paragraphs (b) or (c) of subsection (10) of this section; (v) In respect of anything done in contravention of the scheme; 8

226 Local Government Acts Amendment Act of 1966, No. 30 (vi) In respect of anything done in contravention of any by-law made by the Local Authority to control the use and development of land pending the coming into force of the scheme or of any decision or of any permission or approval given under such a by-law, or in contravention of any building approval granted by the Local Authority, or, as the case may be, in contravention of any decision in an appeal under such a by-law or under section thirty-four of this Act; (vii) In respect of any estate or interest in land affected by any proposed road widening under the scheme, if there is any building or other structure wholly or partly upon the land between the existing alignment and the proposed alignment, and if the Local Authority has at the time of receipt of a claim for compensation for injurious affection in respect thereof given or within three months after receipt of such claim gives a notice of realignment in accordance with paragraph (ii) of subsection (10) of section thirty-five of this Act in respect of such land, but nothing herein contained shall limit the Local Authority's liability under the said subsection (10) to pay compensation in accordance therewith in all cases where it has given or gives a notice of realignment as aforesaid; (viii) In respect of any affection of any estate or interest in land by or pursuant to the provisions of a town planning scheme or a by-law made by the Local Authority whereunder the subdivision of such. land is prohibited or restricted. (b) The onus of proving that compensation is not payable in any case by virtue of any of the provisions of paragraph (a) of this subsection shall be upon the Local Authority. (12) Claims for compensation for injurious affection . (a) Every claim for compensation under this section shall be made on the form prescribed by the Local Authority by by-law and the person making the claim shall fully complete and sign the same and lodge it with the Local Authority, and the Local Authority shall not be obliged to consider the claim until all information reasonably required by the form to be supplied has been supplied by the claimant. (b) A claim shall be deemed to have been made on the date on which it is received by the Local Authority. (c) The time within which, a claim under this section may be made shalt be three years after the date on which the claim arose. (d) If within forty days after the receipt by the Local Authority of a duly completed claim for compensation under this section the Local Authority has not made a decision on the claim, or having made a decision thereon has not communicated its decision to the claimant, or if the Local Authority having made a decision thereon and communicated the same to the claimant within the time aforesaid the claimant is not satisfied with such decision, the claimant may appeal to the Court which shall have jurisdiction to hear and determine the claim. (13) Assessment of compensation . (a) In assessing compensation in respect of the injurious affection of an estate or interest in land, the following provisions shall, subject to paragraphs (b) and (c) of subsection (10) of this section, have effect:- (i) The amount of compensation shall, subject to these provisions, be a sum equal to the difference between the market value of such estate or interest immediately after the time of the coming

Local Government Acts Amendment Act of 1966, No. 30 227 into operation of the provision of the scheme by virtue of the operation whereof the claim for compensation arose and what would have been the market value of that estate or interest if such provision had not come into operation; (ii) There shall be taken into account any modification of the injurious affection that may be effected in consonance with the scheme; (iii) There shall be taken into account any benefit which may accrue to any land adjacent to the land in respect of which compensation is claimed in which the claimant has an estate or interest- (a) By reason of the coming into operation of the provision in question or any other provision of the scheme; or (b) By reason of the construction or improvement by the Local Authority at any time- after the scheme comes into force upon such adjacent land of any work or service in pursuance of the provisions of the scheme; (iv) If the land in respect of which compensation is claimed has, since the date upon which the scheme came into operation, become or ceased to be separate from other land, the amount of compensation shall not be enhanced by reason of its having become or ceased to be separate from other land. (b) Where compensation for injurious affection is claimed under this section the Loca) Authority may at its option, but with the prior approval of the Governor in Council take the land instead of paying such compensation. (14) No compensation except in accordance with this section . Save as provided in this section no person shall be entitled to compensation by reason of the operation of the scheme or any amendment thereof, or by reason of the exercise by the Local Authority of any discretion under the scheme. (15) Appeals in respect of applications to use land or to erect or use buildings or other structures . Subject to this section any applicant for approval, consent or permission to use any land or to erect or use any building or other structure for a purpose .permitted by a town planning scheme may appeal to the Court against the decision of the Local Authority. (16) Appeals in respect of requirements and decisions of Local Authority under by-laws . Subject to this section any person who is dissatisfied with any decision of the Local Authority under any by-law made pursuant to this section or under a by-law made prior to the passing of " The Local Government Acts Amendment Act of 1966 " for controlling the use and development of land pending the coming into force of a town planning scheme, may appeal to the Court against such decision. He may institute the appeal within thirty days after the decision first comes to his knowledge but not later. (17) Time for appeals by applicants . (a) (i) The Local Authority shall decide every application to which subsections (7) or (15) of this section applies within the period prescribed by this subsection, and shall in every such decision state the grounds thereof.

228 Local Government Acts Amendment Act of 1966, No. 30 (ii) Subject to subparagraph (iii) of this subsection such period shall be- (a) forty days from the date of the receipt by the Local Authority of the application; or (b) (if, with the prior approval of the Minister, the Local Authority by notice served upon the applicant before the expiration of the aforesaid period of forty days extends such period for longer than forty days) the longer period specified in the notice. (iii) If the Local Authority proposes to grant an application under subsection (15) of this section to which any person has duly objected the period of time prescribed by subparagraph (ii) of paragraph (a) of this subsection shall refer to the notice prescribed by-paragraph (b) of subsection (18) of this section to be given to every such person. (b) Where the Local Authority decides an application to which subsections (7) or (15) of this section applies, the clerk shall notify the applicant of such decision within seven days from the date of the making of the decision. Where the notification relates to an application to which subsection (7) of this section applies, it shall contain or be accompanied by a copy of that subsection and of this subsection of this section. Where the notification relates to an application to which subsection (15) of this section applies, it shall contain or be accompanied by a copy of that subsection and of this subsection of this section. An appeal to the Court by an applicant against such decision may be instituted by him within thirty days after the date of the receipt by him of such notification, but not later. (c) Where the Local Authority fails to decide an application to which subsections (7) or (15) of this section applies within the prescribed period. the applicant may appeal to the Court at any time after the expiration of the prescribed period as if the Local Authority had refused the application. ( 18) Objection to application to use land or building or other structure. (a) Where under a town planning scheme any building or other structure may be erected or used for any purpose on land in any zone only with the consent of the Local Authority or land in any zone may be used for any purpose only with the consent of the Local Authority, then, whether or not the scheme provides for the advertisement for objections to the application to erect or use such building or other structure or to use such land for such purpose, the Local Authority, before deciding such application, shall cause public notice to be given of the application by advertisement published at least once in a newspaper and by posting a copy of the advertisement on the land in question. Such advertisement shall set out particulars of the application and shall state that objections to the granting of the application may be lodged with the clerk on or before the date specified in the advertisement (which date shall be not earlier than seven days after the date of the publication of the advertisement or, if the advertisement is published more than once, the date of its last publication). Any such objection shall be in writing, shall be addressed to the clerk and shall set out the grounds of objection and the facts and circumstances relied on by the objector in support of those grounds.

Local Government Acts Amendment Act of 1966, No. 30 229 (b) If the Local Authority proposes to grant an application whereof public notice has been given, the clerk shall notify accordingly every person who has duly lodged with him an objection to the granting of the application. Such notification shall contain or be accompanied by a copy of this subsection. - (c) Subject to this subsection, a person who has duly objected to the granting of an application whereof public notice has been giver. may appeal to the Court against the proposal of the Local Authority to grant the application. Such appeal shall be instituted within thirty days after the date of the notification given to such person by the clerk, but not later. (d) Where a person has duly objected the Local Authority shall not decide the application- (i) until the time for institution of an appeal has expired; or (ii) if an appeal is duly instituted, until the appeal is determined. In the case of an appeal in making its decision the Local Authority shall be bound by the determination of the appeal. (e) The applicant shall pay the costs of the advertisement prescribed by this subsection. (19) Power to purchase or take land. (a ) In addition to its powers under " The Public Works Land Resumption Acts, 1906 to 1955," the Local Authority may purchase or, with the prior approval of the Governor in Council. take under those Acts any land in its Area included within a town planning scheme which is required for any purpose of the scheme, whether such land is so required immediately or not, and for that purpose shall have all the powers and authorities conferred on it and be subject to all the duties imposed on it by those Acts. (b) Without limiting the generality of the provisions of paragraph (a) of this subsection the Local Authority may purchase or, with the prior approval of the Governor in Council, take under " The Public Works Land Resumption Acts, 1906 to 1955," any land in its Area included in a town planning scheme- (i) which is required for the development or redevelopment of any part of the Area included in the scheme; or (ii) which is required for the purpose of controlling, restricting, limiting or prohibiting access to a road in pursuance of any by-law in that behalf. (c) Paragraphs ( a) and (b) of this subsection apply subject to this paragraph. The provisions of paragraphs (a) and (b) of this subsection do not authorise or empower the Local Authority to take under " The Public Works Land Resumption Acts, 1906 to 1955," any land in its Area included within a town planning scheme which is required for the development or redevelopment of any part of the Area included in such scheme unless and until such land is included in a zone which permits it to be lawfully used for such development or redevelopment. (d) Where land is purchased or taken by the Local Authority for the purpose of development or redevelopment under subparagraph (i) of paragraph (b) of this subsection the Local Authority, with the prior approval of the Governor in Council, may sell the whole or part of the land so purchased or taken.

230 Local Government Acts Amendment Act of 1966, No. 30 The sale shall be made by public tender or public auction on terms and conditions, to be determined by the Local Authority. If the land or any part of it is sold before it has been developed or redeveloped by the Local Authority, such terms and conditions shall be such as to ensure that the land sold will be developed or redeveloped according to plans and a design approved by the Local Authority. (e) Until land which is required for development or redevelopment of any part of the Area included in the scheme is purchased or taken by the Local Authority pursuant to this subsection such requirement (whether noted or indicated on any scheme map or not) shall not affect the use which may be lawfully made of the land, or any building or other structure thereon. (20) Offences. A person who in any respect . contravenes or fails to comply with the provisions of a town planning scheme shall be guilty of an offence under this Act and liable to a penalty not exceeding one hundred dollars and additionally in the case of a continuing offence, to a daily penalty not exceeding ten dollars for each and every day on which the offence is continued. Any right or remedy had by the Local Authority in respect of any act or omission of or by any person shall not be prejudiced or affected in any way by the fact that such act or omission constitutes an offence under this subsection for which no person has been prosecuted. (21) By-laws. (a) The power of the Local Authority to make by-laws shall include power to make all such by-laws as are necessary or convenient to implement the scheme and to provide for, regulate and control the administration and execution of the scheme. (b) Without in any way limiting the power to make by-laws pursuant to this subsection, the Local Authority may by by-laws made pursuant to this subsection regulate and control the use of land and the erection or use of buildings or other structures on land in the Area or part of the Area to be included within a town planning scheme pending the coming into force of the scheme. (c) Any by-law may be made by the Local Authority pursuant to paragraph (b) of this subsection at any time after the publication in the Gazette of notice of approval by the Minister of a resolution authorising the preparation of the scheme. (22) Proof of town planning scheme. (a) A map or writing certified by the clerk to be a copy of a map or writing which is included in and forms part of a town planning scheme shall be admissible in evidence in any proceedings wherein proof of the part of the scheme in question is relevant and shall be proof of such part and, in the absence of evidence in rebuttal, shall be conclusive such proof. (b) The scheme may be proved in any proceedings by the production of copies of the map or maps and writings which the clerk certifies to be respectively included in and to form part of the scheme and which the clerk further certifies together comprise the scheme. (23.) Subsections (2) and (3) of section twenty-eight of " The City of Brisbane Town Planning Act of 1964," apply in respect of any appeal to the Court under this section.

Local Government Acts Amendment Act of 1966, No. 30 231 (24) Savings . (a) In this subsection- (i) section thirty-three of " The Local Gcvernment Acts, 1936 to 1965," as in force immediately prior to the date of the passing of " The Local Government Acts Amendment Act of 1966," is referred to as " the repealed section "; and (ii) the date of the passing of " The Local Government Acts Amendment Act of 1966," is referred to as " the said date ". (b) All town planning schemes in force at the said date shall continue to have force and effect under, subject to and in accordance with the provisions of this section. (c) Where prior to the said date, a Local Authority ^ ad. commenced to proceed with the preparation of a town planning sch eme under and pursuant to the provisions of the repealed section, the Local Authority may continue and complete the preparation of such scheme under and pursuant to the provisions of the repealed section and, upon the final approval of such scheme by the Governor in Council pursuant to such provisions, the scheme shall be subject to the provisions of this section. (d) The repeal of the repealed section shall not affect the operation of any Order in Council issued under sections 186A and 186B of " The Local Authorities Acts, 1902 to 1934 " which is in operation at the said date and any land affected by such an Order in Council shall remain subject thereto until a town planning scheme has been approved in respect of such land or until an Order in Council shall have been made in amendment of or in substitution for such an Order in Council pursuant to subsection (7) of section 33A of this Act. (e) Any appeal referred to in subsection (7) of the repealed section the right whereto originated prior to the said date may be made as prescribed by that subsection and such an appeal if so made, and any such appeal duly made before and not completed at the said date, shall be heard. or, as the case requires, the hearing thereof shall be completed, and in every, such case the appeal shall be determined, as if the repealed section were still in force. (f) Where proceedings for purchasing or resuming any land referred to in subsection (8) of the repealed section were commenced but not completed by a Local Authority before the said date, such proceedings may be continued and completed and the land in question may be purchased or resumed by such Local Authority as if the repealed section were still in force. (g) In this paragraph " corresponding by-laws " mean by-laws made by a Local Authority before and in force immediately prior to the said date, whereby, pending the coming into force of a town planning scheme under the repealed section, provision is made in respect of the matters referred to in paragraph (b) of subsection (21) of this section corresponding to the provision which a Local Authority is, by by-laws made pursuant to that subsection, empowered to make in respect of those matters pending the coming into force of a town planning scheme under this section. Any appeal referred to in the corresponding by-laws of a Local Authority the right whereto originated prior to the said date may be made as prescribed by the corresponding by-laws and such an appeal if so made, and any such appeal duly made before and not completed

232 Local Government Acts Amendment Act of 1966, No. 30 at the said date, shall be heard, or as the case requires, the hearing thereof shall be completed, and in every such case the appeal shall be determined, as if the repealed section were still in force. (h) The provisions of paragraphs (a) to (g), both inclusive, of this subsection shall be read and applied so as not to prejudice " The Acts Interpretation Acts, 1954 to 1962 "." 9. Amendments of s. 33A. Section 33A of the Principal Act is amended by-- (a) omitting subsection (6) and inserting in its stead the following subsection:- " (6) An Order in Council shall not be made under this section in respect of an Area or part of an Area for which a town planning scheme has been approved by the Governor in Council pursuant to section thirty-three of this Act. Upon and by virtue of the approval by the Governor in. Council, pursuant to section thirty-three of this Act, of a town planning scheme for an Area or part of an Area any Order in Council under this section then subsisting in respect of such Area or part shall cease to be in force."; and (b) in subsection (7) omitting the words, letter and brackets " in paragraph (b) of subsection thirteen " and inserting in their stead the words, letter, numeral and brackets " in paragraph (d) of subsection (24) 10. Amendments of s. 34 . Section thirty-four of the Principal Act is amended by- (a) in subsection (12)- (i) omitting subparagraph (i) of the first paragraph and inserting in its stead the following subparagraph:- " (i) The amount of public garden and recreation space to be provided in respect of the land to be subdivided or whether, in accordance with a by-law of the Local Authority, the applicant should be required to pay to the Local Authority a sum not exceeding twenty dollars for each proposed parcel in the subdivision to be expended towards making such provision;" (ii) adding to the first paragraph the following subparagraph:- and (1) Whether, in accordance with a by-law of the Local Authority, the applicant should be required to provide for the reticulation of water supply, or sewerage, or both water supply and sewerage , to the land to be subdivided:"; and (iii) omitting the proviso and inserting in its stead the following proviso :- " Provided that the Local Authority shall not take into consideration the matters set out in subparagraphs (e), (g), (h), (i), (j) and (1) of the first paragraph of this subsection unless in its opinion the land the subject of the application is situated in a part of the Area which is being used or will, if the subdivision is effected, be used for residential, commercial or industrial purposes."; (b) omitting subsection (15) and inserting in its stead the following subsection:- " (15) (a) Any applicant for approval to open any new road or to subdivide any land who is dissatisfied with the decision of the Local Authority thereon may appeal to The Local Government Court constituted under " The City of Brisbane Town Planning Act of 1964 " against th e decision.

Local Government Acts Amendment Act of 1966, No. 30 233 Where the Local Authority fails to decide an application to which this subsection applies within forty days , or such longer period as the Minister , who is hereby thereunto authorised may allow , after service upon it of the application , the applicant may appeal to the said Court as if the Local Authority had refused the application. Subsections ( 2) and (3) of section twenty - eight of " The City of Brisbane Town Planning Act of 1964," apply in respect of any appeal to the Court under this subsection. (b) Any appeal referred to in subsection ( 15) of section thirty-four of " The Local Government Acts, 1936 to 1965," as in force immediately prior to the date of the passing of " The Local Government Acts Amendment Act of 1966," may be made as prescribed by that subsection and-such an appeal if so made , and any such appeal duly made before and not completed at the date mentioned in this paragraph , shall be heard or, as the case requires , the hearing thereof shall be completed. and in every such case the appeal shall be determined , as if that subsection were still in force."; (c) adding to subsection ( 19) the following paragraph:- " Paragraph ( iv) of this subsection applies, and it is hereby declared always applied , in respect of land situated in the Area of the City of Brisbane and Brisbane City Council ". 11. Amendment of s. 35 (10). Subsection (10) of section thirty-five of the Principal Act is amended by omitting provision (b) of the second subparagraph of paragraph (i) and inserting in its stead the following provision:- (b) In any case where there is any building or structure or part of a building or structure upon the land affected by the realignment between the old and the new alignments, under paragraph (ii) of this subsection." 12. Amendment of s. 39 (9). Subsection (9) of section thirty-nine of the Principal Act is amended by- (a) omitting paragraph (i) and inserting in its stead the following paragraph:- " (i) In respect of any structure or building taken down pursuant to subsections (5) or (6) of this section, the Local Authority may sell by public tender or by public auction- (a) all or any materials in the structure or building; and (b) all or any goods or chattels found in the structure or building, and, if it makes any such sale, shall apply the proceeds thereof towards defraying the costs of the sale and of taking down the structure or building. In the event that it makes no such sale or that the proceeds of such a sale or sales are insufficient to defray such costs, the Local Authority may recover such costs or the undefrayed balance thereof from the owner by action as for a debt in any court of competent jurisdiction."; (b) in paragraph (ii)- (i) inserting after the words " the sale of " the words " any materials in "; i(ii) inserting before the words " are greater " the words " and of any goods or chattels found therein "; (iii) inserting before the words " the surplus " the words " and in making such sale ".

234 . Local Government Acts Amendment Act of 1966, No. 30 13. Amendment of s. 49E (4). Subsection (4) of section 49E of the Principal Act is amended by adding the following proviso:- " Provided that where, pursuant to Part VIA of " The Trajfic Acts, 1949 to 1965," the Local Authority decides to regulate and control parking on any road in the Area other than by means of metered parking or parkatarea parking 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 paragraphs (b) or (d) of this subsection." 14. Amendment of s. 49F (3). Subsection (3) of section 49F of the Principal Act is amended by- (a) inserting before the words " The Local Authority " where those words appear for the second time, the words, numeral and brackets " Subject to the provisions of subsection (4) of section thirty-two of this Act "; (b) omitting the words " a term not exceeding thirty years " and inserting in their stead the words " a term not exceeding seventy-five years "; and (c) omitting the words " and subsection four of section thirty-two of this Act ". 15. Amendments of Schedule Ill. The Third Schedule to the Principal Act is amended by- (a) in rule 4 omitting the words, numeral and letter " or section l IA ", where appearing in provision (ii) of paragraph (b) of the proviso; (b) in subrule (2) of rule 5- (i) omitting the words " date of any election " and inserting in their stead the words " close of the poll "; (ii) inserting after the word " pamphlet " the words " placard, sign, poster, bill "; (c) in subrule (3) of rule 5 omitting the words " date of the election " and inserting in their stead the words " close of the poll "; (d) in subrule (7) of rule 29 inserting after the word " count ", where it appears in paragraph (d), the words " in the manner prescribed by these rules "; (e) in subrule (1) of rule 57- (i) omitting the first paragraph and inserting in its stead the following paragraph- Any elector who- (a) will not throughout the hours of polling on polling day be within five miles by the nearest practicable route of any polling place open on that day for the purposes of any election; or (b) is seriously ill or infirm, and by reason of such illness or infirmity will be precluded from attending at any polling place to vote or, in the case of a woman, will by her approaching maternity be precluded from attending at any polling place to vote; or (c) is by reason of his membership of a religious order or his religious beliefs- (i) precluded from attending at a polling place; or (ii) precluded from voting throughout the hours of polling on polling day or throughout the greater part of those hours; or

Local Government Acts Amendment Act of 1966, No. 30 235 (d) has reason to believe that on polling day he will be absent from the Area or division, as the-case may he, for which he is entitled to vote, may, at any time after publication of the notice of election and before six o'clock in the afternoon of the day immediately preceding polling day, apply in the prescribed form to the returning officer for a postal vote certificate."; (ii) in the second paragraph omitting the words " such elector " and inserting in their stead the words " the applicant "; (iii) adding the following paragraph:- " An application by reason of provision (c) of the first paragraph of this subrule must be accompanied by- _ (a) a certificate from a minister of religion of the religious denomination of which the applicant is a member, being such a minister of religion whose name is for the time being registered or who holds appointment under Part IV of the Marriage Act 1961 of the Commonwealth as a marriage celebrant; and (b) a declaration made by the applicant before a justice of the peace or minister of religion, which certificate and declaration shall be in or to the effect of the forms respectively prescribed."; ( f') omitting subrule (3) of rule 57; (g) in subrule (1) of rule 59 omitting the words " the returning officer shall ", where those words first appear, and inserting in their stead the words " the returning officer to whom an elector applies for a postal vote certificate shall, as soon as possible after the hour of noon on nomination day,"; (h) in rule 60 inserting after the words " issued by him" the words " and shall initial separately such particulars in respect of every postal vote certificate issued by him "; (i) in rule 61 omitting the words " the names of the candidates ", where those words appear in paragraph (v), and inserting in their stead the words " the manner in which he has voted "; (j) in rule 62- (i) omitting subrule (1) and inserting in its stead the following subrule :- " (1) The person before whom the voter votes shall not look at the markings made by the voter on the ballot-paper." (ii) in subrule (2) omitting the words " for what candidate or candidates such voter has voted " and inserting in their stead the words " the manner in which the voter has marked his ballot-paper "; (k) in subrule (2) of rule 65 inserting after the word " count " the words " in the manner prescribed by these rules "; (1) inserting after rule 66 the following rule- " 66A. Offences related to postal voting and enrolment . (1) Any person to whom an application for a postal vote certificate and postal ballot-paper or an envelope containing or purporting to contain a postal ballot-paper is entrusted by a voter for the purpose of posting or delivery, who- (a) in the case of such an application, fails either to post it addressed to the returning officer or to deliver it to the returning officer forthwith; or

236 Local Government Acts Amendment Act of 1966, No. 30 (b) in the case of such an envelope, fails either to forthwith post .it or to deliver it on polling day before six o'clock in the afternoon to the returning officer or a presiding officer for the Area in question, is guilty of an offence and is liable to a penalty of two hundred dollars or imprisonment for six months. (2) Any person wilfully informing an elector at any time on or after the date of the public notice of an election and before the close of the poll that he is not enrolled on the voters' roll when as a fact he is enrolled is guilty of an offence and is 'liable to a penalty of two hundred dollars or imprisonment for six months."