Local Government (Planning and Environment) Act Amendment Act 1991 (Qld)

170 LOCAL GOVERNMENT (PLANNING AND E NVIRONMENT) ACT AMENDMENT ACT ANALY SIS OF CONTENTS 1. Short title 2. Principal Act and amended citation 3. Commencement 4. Amendment of s. 6.2. Contributions towards water supply and sewerage works 5. Repeal of and new s. 8.10. Savings and transitional Savings and transitional ueensland ANNO QUADRAGESIMO ELIZA ET AE SECUNDAE REGINAE No. 8 of 091 An Act to amend the Local Govern m ent (Planning and Environment ) Act 1990 in certain particulars [ASSENTED TO 27TH MARCH, 1991]

Local Government ( Planning and Environment ) Act Amendment Act 1991, No. 8 171 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title . This Act may be cited as the Local Government (Planning and Environment) Act Amendment Act 1991. 2. Principal Act and amended citation . (1) In this Act the LocalGovernment (Planning and Environment) Act 1990 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Local Government (Planning and Environment) Act 1990-1991. 3. Commencement . (1) Section 1 and this section commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act commences on the same day as sections 6.2 and 8.10 of the Principal Act commence. 4. Amendment of s. 6 . 2. Contributions towards water supply and sewerage works. Section 6.2 of the Principal Act is amended in subsection (6) by omitting from paragraph (a) all words from and including the words "exceed the cost of" to and including the words "and which required" and substituting the words "exceed the cost (calculated at the approval date determined by the Local Authority under section 5.1 (5) (a), 5.2 (4) or 5.3 (4) to be appropriate) of the works which the Local Authority could lawfully impose by way of any by-law that was in existence at the relevant date and which required or may have required". 5. Repeal of and new s. 8.10. Savings and transitional . Section 8.10 of the Principal Act is repealed and the following section substituted:- "8.10 Savings and transitional . (1) In this section, unless the contrary intention appears- "town planning scheme" includes the Town Plan for the City of Brisbane. (2) The Rules of Court made pursuant to section 33 of the City of Brisbane Town Planning Act 1964-1990 prior to and subsisting at the commencement of this Act are to continue to have force and effect as if they were Rules of Court made pursuant to this Act. (3) Each town planning scheme approved by the Governor in Council prior to the commencement of this Act, and which is in force immediately prior to the commencement of this Act, is, to the extent it conforms with this Act, to continue to have force and effect as if it were a planning scheme that had force and effect under this Act. (4) Each policy of a Local Authority in respect of- (a) its town planning scheme; (b) its subdivision of land by-law; and

172 Local Government (Planning and Environment) Act Amendment Act 1991, No. 8 (c) environmental impact; in force immediately prior to the commencement of this Act, is, to the extent it is not contrary to this Act, to continue to have force and effect as if that policy were a planning policy made under this Act; and the Local Authority is to include each such policy in the Register of Planning Policies for that Local Authority. (5) Each by-law regulating development pending the introduction of a town planning scheme and in force immediately prior to the commencement of this Act, is to continue to have force and effect as if it were an interim development control regulation that had force and effect under section 2.22 of this Act. (6) (a) Where a town planning scheme is in force in an area, each town planning by-law and subdivision of land by-law which is in force immediately prior to the commencement of this Act in respect of that area, is, to the extent it conforms with this Act, to continue to have force and effect as if it were part of a planning scheme that had force and effect under this Act. (b) Where a town planning scheme is in force in an area and the Local Authority has duly given public notice of its intention to amend a town planning by-law or a subdivision of land by-law (but the approval of the Governor in Council was not granted prior to the commencement of this Act), the Minister is to recommend to the Governor in Council modifications to the amendment which will ensure that the amendment conforms in all respects with this Act and the amendment is then to be dealt with as if this Act had not commenced. (7) Each subdivision of land by-law in force immediately prior to the commencement of this Act in respect of any area which is not subject to a town planning scheme is, to the extent it is not contrary to this Act, to continue to have force and effect. (8) (a) Each approval, consent or permission (but not any conditions attaching thereto) granted by a Local Authority or the Governor in Council prior to the commencement of this Act, and which is in force immediately prior to the commencement of this Act, is to continue to have force and effect as if it were an approval, consent or permission, as the case may be, made pursuant to this Act (but any conditions attaching thereto are still to apply as if this Act had not commenced). (b) Subject to paragraph (c) and for the purposes of paragraph (a), where an approval, consent or permission is subject to a time constraint, the period of that time constraint is to be measured from the date of the granting of that approval, consent or permission. (c) A consent referred to in paragraph (a) does not lapse pursuant to section 4.13 (18), until 4 years after the commencement of this Act.

Local Government ( Planning and Environment ) Act Amendment Act 1991, No. 8 173 (9) (a) Where, prior to the commencement of this Act, an application of any kind to which this Act refers was duly made to a Local Authority (but was not finally approved by the Local Authority or the Governor in Council, as the case may be, prior to the commencement of this Act), the application is to be dealt with as if this Act had not commenced. (b) If that application is subsequently approved it is to have force and effect as if it were approved pursuant to this Act (but any conditions attaching thereto are still to apply as if this Act had not commenced). (10) (a) Where, prior to the commencement of this Act, a proposal (other than an application referred to in subsection (9)) to obtain an approval to amend a town planning scheme was instituted (but was not approved by the Governor in Council prior to the commencement of this Act), the Minister is to recommend to the Governor in Council modifications to the proposal which will ensure that the proposal conforms in all respects with this Act and the proposal is to be dealt with as if this Act had not commenced (and any conditions attaching thereto are still to apply as if this Act had not commenced). (11) (a) Where prior to the commencement of this Act a Local Authority has resolved- (i) to prepare a town planning scheme; or (ii) to amend a town planning scheme following a statutory review of the provisions of the scheme; and the Local Authority has duly given public notice of its intention to make application to the Minister seeking the approval of the Governor in Council to the scheme or amendment (but the scheme or amendment was not approved by the Governor in Council prior to the commencement of this Act), the Local Authority may seek the approval of the Governor in Council as if this Act had not commenced or the Local Authority may suggest and the Minister may recommend to the Governor in Council modifications to the scheme or amendment which will ensure that the proposed scheme or amendment conforms in all respects with this Act. (b) A town planning scheme or an amendment of a town planning scheme referred to in paragraph (a) and approved by the Governor in Council as if this Act had not commenced, is, to the extent it conforms with this Act, to have force and effect as if it was a planning scheme or an amendment thereof, as the case may be, approved by the Governor in Council pursuant to this Act. (12) Where prior to the commencement of this Act a Local Authority has resolved- (a) to prepare a town planning scheme; or

174 Local Government (Planning and Environment) Act Amendment Act 1991, No. 8 (b) to amend a town planning scheme following a statutory review of the provisions of the scheme; and the Local Authority has not duly given public notice of its intention to make application to the Minister seeking the approval of the Governor in Council to the scheme or amendment, the Local Authority is to proceed with the preparation of the scheme or amendment, as the case may be, pursuant to this Act. (13) Unless a contrary intention appears, a reference in any other Act to- (a) The Local Government Court is to be taken to be a reference to The Planning and Environment Court; and (b) a town planning scheme is to be taken to be a reference to a planning scheme under this Act.". Minister's Second Reading Speech made on 28 February 1991.