Local Government (Chinatown Mall) Act and Another Act Amendment Act 1990 (Qld)

1554 LOCAL GOVE 7 - 1 1NMENT (CHINATOWN MALL) ACT AND A NOTHER ACT No. 91 of 1990 ANALYSIS OF CONTENTS 1. Short title PART I-PRELIMINARY PART II-AMENDMENT OF LOCAL GOVERNMENT (CHINATOWN MALL) ACT 1984-1990 2. Amendment of long and short titles 3. Principal Act and citation as amended 4. Amendment of s. 2. Arrangement 5. Amendment of s. 3. Interpretation 6. Amendment of heading to Part II-ESTABLISHMENT OF MALL 7. New Division 1 Division 1-Chinatown Mall 8. Repeal of s. 4. Appointed day 9. Amendment of s. 5. Establishment of Mall 10. New Division 2 and ss. 5A to 5E Division 2-The Valley Mall Appointed day-The Valley Mall Establishment of The Valley Mall Division 3-Extension of Malls Declaration of Mall extension area Nominated day Extension of Mall Division 4-Traffic on Malls 11. Amendment of s. 6 . Restricted Traffic on Mall 12. Amendment of s. 7. Construction and provision of works 13. Amendment of s. 8 . Closure of road 14. Repeal of ss. 9, 10, 11, 12 and 13 15. Amendment of s. 14. Operation etc. of Mall 16. Amendment of s. 15 . Entry of vehicles and beasts into Mall 17. Repeal of s. 16. Separate rates 18. Repeal of s. 17. Concessions as to separate rates where s. 9 authorization granted 19. Amendment of s. 18. Ordinances 20. Repeal of s. 19. Delegation of power 21. Repeal of and new s. 20 . Establishment of committee Reconstitution of committee

1555 22. Amendment of s. 22. Deputy of members 23. Amendment of s. 23. Removal of members of Committee 24. Amendment of s. 24. Casual vacancies 25. Amendment of s. 25. Meetings and quorum 26. Amendment of s. 28. Interpretation 27. Amendment of s. 31. Service and effect of infringement notice 28. Amendment of s. 33. Facilitation of proof 29. Amendment of s. 34. Service of copy of declaration under subsection (3) or (4) of s. 32 30. Amendment of s. 36. No entitlement to compensation 31. Amendment of s. 37. Non-application of s. 371A Land Act 32. Amendment of s. 38. Non-application of s. 35 (24B) Local Government Act 33. Amendment of s. 39. Appeal against Council's decision etc. 34. Amendment of s. 44. Prosecutions 35. Amendment of Schedule 36. New Schedules 2 and 3 SCHEDULE 2 SCHEDULE 3 37. Transitional PART III-AMENDMENT OF LOCAL GOVERNMENT (QUEEN STREET MALL) ACT 1981-1990 38. Principal Act and citation 39. Amendment of s. 3. Interpretation 40. Repeal of s. 11. Separate rates 41. Amendment of s. 38. Prosecutions

1556 ANNO TRICESIMO NONO ELIZABETHAE SECUNDAE REGINAE No. 91 o f 1990 An Act to amend the Local Government (Chinatown Mall)Act 1984- 1990 and the Local Government (QueenStreet Mall) Act 1981-1990 each in certain particulars and for related purposes [ASSENTED TO 7TH DECEMBER, 1990]

Local Government (Chinatown Mall) Act and Another Act 1557 Amendment Act 1990, No. 91 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 . This Act may be cited as the Local Government (Chinatown Mall) Act and Another Act Amendment Act 1990. PART II-AMENDMENT OF LOCAL GOVERNMENT (CHINATOWN MALL) ACT 1984-1990 2. Amendment of long and short titles . (1) The Local Government (Chinatown Mall) Act 1984-1990 is amended by- (a) in its long title- (i) inserting after the word "operation" the words ", extension"; (ii) omitting the words "a pedestrian mall" and substituting the words "pedestrian malls"; (iii) inserting after the words "Chinatown Mall" the words "and The Valley Mall"; (b) in section 1, omitting from its short title the words "Chinatown Mall" and substituting the words "Chinatown and The Valley Malls". (2) A reference in any Act passed before the commencement of this Act or in any instrument or other document made before the commencement of this Act to the Local Government (Chinatown Mall)Act 1984 or to that Act as amended to any year specified in the reference is to be construed as a reference to the Local Government (Chinatownand The Valley Malls) Act 1984 or, as the case may be, that Act as amended to the year so specified. This subsection applies without prejudice to the operation of the Acts Interpretation Act 1954-1989. 3. Principal Act and citation as amended . (1) In this Part the LocalGovernment (Chinatown Mall) Act 1984-1990, being the Local Government(ChinatownMall) Act 1984-1989, as amended by the Public Service(Administrative Arrangements) Act 1990 (No. 2), is referred to as the Principal Act. (2) The Principal Act as amended b this Part may be cited as the LocalGovernment(Chinatownand The ValleyMalls)Act1984-1990. 4. Amendment of s. 2. Arrangement . Section 2 of the Principal Act is amended by omitting the words "PART II-ESTABLISHMENT OF MALL (ss. 4-6)" and substituting the following words:- "PART II-ESTABLISHMENT OF MALLS Division 1-Chinatown Mall (ss. 4-5) Division 2-The Valley Mall (ss. 5A-5B)

1558 Local Government (Chinatown Mall) Act and Another Act Amendment Act 1990, No. 91 Division 3-Extension of Malls ( ss. 5C-5E) Division 4-Traffic on Malls ( s. 6)". 5. Amendment of s. 3. Interpretation . Section 3 of the Principal Act is amended by- (a) omitting the definition " "approved body corporate" " and substituting the following definitions:- "The Valley Mall" means The Valley Mall established under this Act; "Chinatown Mall" means the Chinatown Mall established under this Act; "extension works" means all works, facilities and conveniences necessary or desirable to be carried out or provided in a Mall area or a Mall extension area in connexion with the establishment of a Mall or an extension of a Mall by the inclusion of a Mall extension area, and includes any works to facilitate the passage of traffic, vehicular or otherwise over or under a Mall area or a Mall extension area;"; (b) omitting the definition "Mall" and substituting the following definition:- "Mall" means a Mall established and, where applicable, extended under this Act and in relation to- (a) the Chinatown Mall, means the Chinatown Mall established and, where applicable, extended under this Act; and (b) The Valley Mall, means The Valley Mall established and, where applicable, extended under this Act;"; (c) omitting the definition "Mall area" " and substituting the following definitions:- "Mall area" in relation to- (a) the Chinatown Mall, means the road area within the City delineated and shown stippled on the plan in Schedule 1; and (b) The Valley Mall, means the road area within the City delineated and shown stippled on the plan in Schedule 2; "Mall extension area" means the road area identified as a Mall extension area in an Order in Council made pursuant to section 5C;";

Local Government ( Chinatown Mall) Act and Another Act 1559 Amendment Act 1990, No. 91 (d) omitting the definition " rateable property" and substituting the following definition:- "rateable property " means- (a) if the Council makes and levies in respect of any land a general rate under section 44 of the City ofBrisbaneAct 1924- 1990 , that land; or (b) if at any time a general rate such as is referred to in paragraph (a) is not made and levied, land within the areas shown delineated with a heavy black line on the map in Schedule 3 and respectively marked "A "B "C" and «D»; 15 ; (e) in the definition "the City" omitting the expression "1984" and substituting the expression "1990"; (f) omitting from the definition "the Committee" the word "Mall" and substituting the words "and The Valley Malls"; (g) in the definition "the Council" omitting the expression "1984" and substituting the expression "1990''; (h) in the definition "the Court" omitting the expression "1984" and substituting the expression "1990"; (i) omitting from the definition "works" the words "in the Mall area in connexion with the establishment of the Mall" and substituting the following words:- "in a Mall area in connexion with the establishment of the Chinatown Mall or, as the case requires, The Valley Mall". 6. Amendment of heading to Part II-ESTABLISHMENT OF MALL. The Principal Act is amended by omitting the word "MALL" from the heading to Part II and substituting the word "MALLS". 7. New Division 1. The Principal Act is amended by inserting, after the heading to Part II the following heading:- "Division 1-Chinatown Mall". 8. Repeal of s. 4. Appointed day. The Principal Act is amended by repealing section 4. 9. Amendment of s. 5. Establishment of Mall . Section 5 of the Principal Act is amended by omitting from the note to the section the word "Mall" and substituting the words " Chinatown Mall". 10. New Division 2 and ss. 5A to 5E. The Principal Act is amended by inserting after section 5 the following headings and sections:- "Division 2-The Valley Mall 5A. Appointed day-The Valley Mall. (1) If requested by the Council so to do, the Minister may recommend to the Governor in Council that a day be appointed under this section.

1560 Local Government (Chinatown Mall) Act and Another Act Amendment Act 1990, No. 91 (2) The Governor in Council may, by Order in Council on the recommendation of the Minister, appoint a day for the purpose of the establishment of The Valley Mall. (3) The day appointed in this section- (a) shall be a day subsequent to the completion of the undertaking and provision of works in relation to The Valley Mall pursuant to Part III; and (b) is in this Act, referred to, in relation to The Valley Mall, as the appointed day. 5B. Establishment of The Valley Mall. (1) On and from the appointed day the Mall area shall be a pedestrian mall and shall be known as The Valley Mall. (2) The management, operation and use of the Mall shall be subject to and shall accord with this Act and the Ordinances of the Council made with respect thereto. Division 3-Extension of Malls 5C. Declaration of Mall extension area. (1) The Council may request that the Minister recommend to the Governor in Council that a Mall be extended. (2) The Governor in Council may, by Order in Council, on the recommendation of the Minister declare a road area, identified in the Order in Council, within the City to be a Mall extension area. (3) A road area that is not contiguous with a Mall may be declared a Mall extension area. 5D. Nominated day. (1) Where the Governor in Council makes a declaration pursuant to section 5C(2) the Council may request that the Minister recommend to the Governor in Council that a day be nominated under this section for the purpose of extending a Mall. (2) The Governor in Council may, by Order in Council on the recommendation of the Minister, nominate in respect of a declaration made pursuant to section 5C(2) a day for the purpose of extending a Mall. (3) A day nominated under this section- (a) shall be a day subsequent to the completion of the undertaking and provision of the relevant extension works pursuant to Part III; (b) is in this Act, in respect of a Mall extension area declared pursuant to section 5C(2), referred to as a nominated day. 5E. Extension of Mall. On and from the nominated day in respect of a declaration made pursuant to section 5C(2) the Mall extension area referred to in that declaration shall become a part of the Mall to which it relates.

Local Government (Chinatown Mall) Act and Another Act 1561 Amendment Act 1990, No. 91 Division 4-Traffic on Malls". 11. Amendment of s. 6. Restricted traffic on Mall . Section 6 of the Principal Act is amended by omitting the words "the Mall" where twice occurring and substituting the words "a Mall" in each case. 12. Amendment of s. 7. Construction and provision of works. Section 7 of the Principal Act is amended by (a) in the note to the section, adding after the word "works" the words "or extension works"; (b) inserting after the word "works" where thrice occurring the words "or extension works" in each case. 13. Amendment of s. S. Closure of road. Section 8 of the Principal Act is amended by in subsection (1) omitting the words "the Mall area" and substituting the words "a Mall area or a Mall extension area". 14. Repeal of ss . 9, 10, 11, 12 and 13. The Principal Act is amended by repealing sections 9, 10, 11, 12 and 13. 15. Amendment of s. 14. O peration etc. of Mall. Section 14 of the Principal Act is amended by- (a) in subsection (1) omitting the words "the Mall" and substituting therefor the words "a Mall"; (b) in subsection (2)- (i) omitting the words "the Mall" where first occurring and substituting therefor the words "a Mall"; (ii) omitting the words "the Mall (whether under section 11 or otherwise)" and substituting the words "that Mall"; (c) in subsection (3)- (i) omitting the words "the Mall area " where first occurring and substituting the words "a Mall area or Mall extension area"; (ii) inserting after the words "appointed day" the words "or, as the case requires, the relevant nominated day"; (iii) omitting the words "the Mall, immediately upon its establishment" and substituting the words "the Mall or Mall as extended immediately upon its establishment or, as the case may be, extension". 16. Amendment of s. 15. Entry of vehicles and beasts into Mall. Section 15 of the Principal Act is amended by- (a) omitting from subsection (1) the words "the Mall" where twice occurring and substituting the words "a Mall" in each case; (b) omitting from subsection (2) the words "the Mall" and substituting the words "a Mall".

1562 Local Government (Chinatown Mall) Act and Another Act Amendment Act 1990, No. 91 17. Repeal of s. 16. Separate rates. (1) The Principal Act is amended by repealing section 16. (2) Despite the repeal of section 16 of the Principal Act, the provisions of that section are to continue in force in respect of any separate rate or separate rates made or levied pursuant to those provisions prior to the commencement of this Act. 18. Repeal of s. 17. Concessions as to separate rates where s. 9 authorization granted . The Principal Act is amended by repealing section 17. 19. Amendment of s. 18. Ordinances . Section 18 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the words "City of Brisbane Act 1924- 1984" and substituting the words "City of Brisbane Act 1924- 1990"; (ii) omitting the words " the Mall" wherever they occur and substituting the words " a Mall" in each case; (iii) in paragraph ( d), omitting all words from and including the words " with a view " to and including the words " of the Mall." and substituting the following words:- ": Provided that in relation to the Chinatown Mall such powers of prohibition and regulation shall be exercised with a view to promoting an oriental design and theme of that Mall."; (b) in subsection ( 2), omitting the expression "1984 " and substituting the expression " 1990"; (c) adding after subsection ( 3) the following subsection:- "(J) An ordinance of a description referred to in subsection (1) in force immediately before the relevant nominated day shall also on and from that nominated day have force and effect in relation to the Mall extension area to which that nominated day relates.". 20. Repeal of s. 19 . Delegation of power. (1) The Principal Act is amended by repealing section 19. (2) Notwithstanding the repeal effected by subsection (1) any delegation to an officer of any power conferred on the Council under section 14 or 15 of the Principal Act in existence immediately before the commencement of this Act shall, until revoked by the Council by resolution, remain in force and effect and shall be taken to be a delegation to that officer under section 39B of the City of Brisbane Act 1924-1990. 21. Repeal of and new s. 20. Establishment of committee. The Principal Act is amended by repealing section 20 and substituting the following section:- "20. Reconstitution of committee . (1) On the date of commencement of this Act the existing members of the Chinatown

Local Government (Chinatown Mall) Act and Another Act 563 Amendment Act 1990, No. 91 Mall Advisory Committee shall go out of office and that Committee shall be reconstituted and shall be known as the Chinatown and The Valley Malls Advisory Committee and shall thereafter consist of 12 members. (2) The Committee shall consist of- (a) the Mayor of the City who shall be a member ex officio; (b) the Alderman of the Council who represents for the time being the electoral ward constituted for the purposes of the City of Brisbane Act 1924-1990 that includes the Mall areas, who shall be a member ex officio; (c) the Member of the Legislative Assembly who represents for the time being the State electoral district that includes the Mall areas, who shall be a member ex officio; (d) a person appointed by the Council on the nomination of the Minister; (e) six persons appointed by the Council with the prior approval of the Minister- (i) one of whom shall be a person who is an owner or is employed by an owner of rateable property situated within Area "A"; (ii) one of whom shall be a person who is an owner or is employed by an owner of rateable property situated within Area "B"; (iii) one of whom shall be a person who is carrying on business or is employed by a person carrying on business from rateable property situated within Area "A"; (iv) one of whom shall be a person who is carrying on business or is employed by a person carrying on business from rateable property situated within Area "B"; (v) one of whom shall be a person- (A) who is an owner or is employed by an owner of; or (B) who is carrying on business or is employed by a person carrying on business from; rateable property situated within Area "C"; and (vi) one of whom shall be a person- (A) who is an owner or is employed by an owner of;

1564 Local Government (Chinatown Mall) Act and Another Act Amendment Act 1990, No. 91 or (B) who is carrying on business or is employed by a person carrying on business from; rateable property situated within Area "D"; and (f) two other persons appointed by the Council. (3) The Council shall appoint one member of the Committee to be the chairman of the Committee. (4) Where any person appointed as a member pursuant to paragraph (2) (e)- (a) is an owner or is employed by an owner of rateable property; or (b) is carrying on business or is employed by a person carrying on business; in one or more of Area "A", Area "B", Area "C" or Area "D", the resolution so appointing that person shall specify the Area in relation to which that person is so appointed. (5) In this section- "Area "A" ", "Area "B" ", "Area "C' " and "Area "D" " mean those parts of the City the boundaries of which are shown delineated with a heavy black line on the map in Schedule 3 and which are respectively marked "A", "B", "C" and "D"; "owner", in respect of rateable property means the person who at the relevant time is liable for the payment of a general rate in respect of that property.". 22. Amendment of s. 22. Deputy of members . Section 22 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:- "(2) A person shall not be appointed to act as a deputy of a member appointed pursuant to a subparagraph of paragraph (e) of section 20 (2) unless that person is eligible to be a member of the Committee under the relevant subparagraph.". 23. Amendment of s. 23. Removal of members of Committee . Section 23 of the Principal Act is amended by inserting after the words "a member nominated by the Minister," the words "or in respect of a member of a description referred to in section 20 (2) (e),". 24. Amendment of s. 24. Casual vacancies . Section 24 of the Principal Act is amended by omitting from paragraph (b) the words "(c) or (d)" and substituting the expression "(e)".

Local Government(Chinatown Mall) Act and Another Act 1565 Amendment Act 1990, No. 91 25. Amendment of s. 25. Meetings and quorum. Section 25 of the Principal Act is amended by in subsection (3) omitting paragraph (b) and substituting the following paragraph:- "(b) two at least shall be members of a description referred to in section 20 (2) (e) or the deputy of a member of that description;". 26. Amendment of s. 28. Interpretation . Section 28 of the Principal Act is amended by omitting from the definition "statutory declaration" the expression "1981" and substituting the expression "1988". 27. Amendment of s. 31. Service and effect of infringement notice. Section 31 of the Principal Act is amended by omitting from paragraph (a) of subsection (2) the words "the Mall area or the designated road areas" and substituting the words "a Mall area". 28. Amendment of s. 33. Facilitation of proof. Section 33 of the Principal Act is amended by omitting from subsection (3) the words "Main Roads Act 1920-1984" where twice occurring and substituting the words "Main Roads Act 1920-1988" in each case. 29. Amendment of s. 34. Service of copy of declaration under subsection ( 3) or (4 ) of s. 32. Section 34 of the Principal Act is amended by omitting the words "Justices Act 1886-1982" where twice occurring and substituting the words "Justices Act 1886-1989". 30. Amendment of s. 36. No entitlement to compensation . Section 36 of the Principal Act is amended by omitting the words "the Mall" and substituting the words "the Chinatown Mall or The Valley Mall". 31. Amendment of s. 37. Non-application of s. 371A Land Act. Section 37 of the Principal Act is amended by omitting the words "Land Act 1962-1984" and substituting the words "Land Act 1962-1990". 32. Amendment of s. 38. Non - application of s. 35 (24B) Local Government Act. Section 38 of the Principal Act is amended by omitting the words "Local Government Act 1936-1984" and substituting the words "Local Government Act 1936-1990". 33. Amendment of s. 39. Appeal against Council ' s decision etc. Section 39^of the Principal Act is amended by omitting from subsection (1) the words "11 (1),". 34. Amendment of s. 44 . Prosecutions . (1) Section 44 of the Principal Act is amended by- (a) in subsection (1) omitting the words "Justices Act 1886-1982" and substituting the words "Justices Act 1886-1989"; (b) in subsection (4) omitting the words "under section 16," and substituting the words "or in respect of any separate charge or separate charges imposed and collected under section 44 of the City of Brisbane

1566 Local Government (Chinatown Mall) Act and Another Act Amendment Act 1990, No. 91Act 1924-1990 for all or any of the functions of local government referred to in section 7 or 14,". (2) Despite the amendment to section 44 of the Principal Act, the provisions of that section in force immediately prior to the commencement of this Act are to continue in force in respect of any separate rate or separate rates made and levied under section 16 of the Principal Act. 35. Amendment of Schedule . The Schedule to the Principal Act is amended by omitting the heading "THE SCHEDULE" and substituting the heading "SCHEDULE 1". 36. New Schedules 2 and 3. The Principal Act is amended by adding at the end thereof the following Schedules:-

Local Government (Chinatown Mall) Act and Another Act 1567 Amendment Act 1990, No. 91 "SCHEDULE 2 [Section 3] WARNER ST I N MALL AREA z z 4

1568 Local Government (Chinatown Mall) Act and Another Act Amendment Act 1990, No. 91 SCHEDULE 3 [Section 20] JULIA ST1

Local Government ( Chinatown Mall) Act and Another Act 1569 Amendment Act 1990, No. 91 37. Transitional . ( 1) Until ordinances are made by the Council pursuant to section 18 of the Local Government ( Chinatown and The Valley Malls ) Act 1984-1990 and come into force, the provisions of Chapter 21 of the O rdinances of the Council in force immediately before the day appointed pursuant to section 5A of the Local Government(Chinatownand The Valley Malls) Act 1984- 1990 for the purpose of the establishment of The Valley Mall shall, with the necessary modifications , apply to, and shall have full force and effect in relation to, The Valley Mall. (2) Until regulations are made pursuant to section 45 of the LocalGovernment (Chinatown and The Valley Malls) Act 1984 - 1990 and take effect, the Local Government ( Chinatown Mall) Regulations 1987 in force immediately before the day appointed pursuant to section 5A of the Local Government ( Chinatown and The Valley Malls) Act 1984-1990 for the purpose of the establishment of The Valley Mall shall, with all necessary modifications, apply to, and shall have full force and effect in relation to, The Valley Mall. PART III-AMENDMENT OF LOCAL GOVERNMENT (QUEEN STREET MALL) ACT 1981-1990 38. Principal Act and citation. (1) In this Part the Local Government(Queen Street Mall) Act 1981- 1990, being the Local Government (QueenStreetMall) Act 1981-1987 as amended by the Public Service (Administrative Arrangements ) Act 1990 (No. 2), is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Local Government (Queen Street Mall) Act 1981-1990. 39. Amendm ent of s. 3. Interpretation . Section 3 of the Principal Act is amended by omitting the definition "rateable property" and substituting the following definition:- "rateable property" means- (a) if the Council makes and levies a separate rate or imposes and collects a separate charge under section 44 of the City of Brisbane Act 1924-1990 in respect of any land for all or any of the functions of local government referred to in section 7 or 9, that land; or (b) if at any time- (i) a separate rate such as is referred to in paragraph (a) is not made and levied; and (ii) a separate charge such as is referred to in paragraph (a) is not imposed and collected; land abutting any part of the Mall, a Mall extension area or the designated road areas;". 51

1570 Local Government (Chinatown Mall) Act and Another Act Amendment Act 1990, No. 91 40. Repeal of s. 11. Separate rates . (1) The Principal Act is amended by repealing section 11. (2) Despite the repeal of section 11 of the Principal Act, the provisions of that section are to continue in force in respect of any separate rate or separate rates made or levied pursuant to those provisions prior to the commencement of this Act. 41. Amendment of s. 38. Prosecutions . (1) Section 38 of the Principal Act is amended by omitting from subsection (4) the words "under section 11" and substituting the words "or the separate charge or separate charges imposed and collected under section 44 of the City of BrisbaneAct 1924-1990 for all or any of the functions of local government referred to in section 7 or 9". (2) Despite the amendment to section 38 of the Principal Act, the provisions of that section in force immediately prior to the commencement of this Act are to continue in force in respect of any separate rate or separate rates made and levied under section 11 of the Principal Act.