Local Government (Queen Street Mall) Act Amendment Act 1987 (Qld)

470 A NN O TRICESIM O SEXTO E,IAETE-IAE C.EUN AE REGINAE An Act to amend the Local Go vernment (Queen Street M all) Act 1981-1983 i n certain particulars [ASSENTED TO 30TH APRIL, 1987]

Local Government (Queen Street Mall) Act Amendment Act 1987, No. 38 471 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 ( Queen Street Mall) Act Amendment Act 1987. 2. Principal Act and amended citation. ( 1) In this Act the Local Government ( Queen Street Mall) Act 1981- 1983 is referred to as the Principal Act.. (2) The Principal Act as amended by this Act may be cited as the Local Government (Queen Street Mall) Act 1981-1987. 3. Amendment of long title. The Principal Act is amended by inserting in the long title after the word "operation" the words ", extension". 4. Amendment of s. 2 . Arrangement . Section 2 of the Principal Act is amended by omitting the words "ESTABLISHMENT OF MALL (ss. 4- 6)" and substituting the words "ESTABLISHMENT AND EXTENSION OF MALL (ss. 5-6)". 5. Amendment of s. 3. Interpretation . Section 3 of the Principal Act is amended by- (a) in the definition "designated road areas", inserting after the word "Schedule" the words "or those areas as extended or amended by Order in Council made pursuant to section 5A"; (b) inserting after the definition "designated road areas" the following definition:- " "extension works" means all works, facilities and conveniences necessary or desirable to be carried out or provided in the Mall area, a Mall extension area or the designated road areas in connexion with an extension of the 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 the Mall area, a Mall extension area or the designated road areas;"; (c) in the definition "Mall", inserting after the word "established" the words "and, as the case may be, extended"; (d) inserting after the definition "Mall area" the following definition:- " "Mall extension area" means the road area identified as a Mall extension area in an Order in Council made pursuant to section 5A;"; (e) in the definition "Minister", omitting the word "Police" and substituting the word "Racing"; (f) in paragraph (b) of the definition "rateable property", omitting the word "area" and substituting the words ", a Mall extension area"; (g) in the definition "working beast", omitting from the end thereof the expression ";" and substituting the expression ".";

472 Local Government (Queen Street Mall) Act Amendment Act 1987, No. 38 ( h) omitting the definition "works". 6. Amendment of Part heading. The Principal Act is amended by inserting after the word "ESTABLISHMENT" occurring in the Part heading preceding section 4 the words "AND EXTENSION". 7. Repeal of s. 4 . Appointed day. Section 4 of the Principal Act is repealed. 8. Amendment of s. 5. Establishment of Mall. Section 5 of the Principal Act is amended by omitting the words "On and from the appointed day the" and substituting the word "The". 9. New ss. 5A-5c. The Principal Act is amended by inserting after section 5 the following sections:- "5A. Declaration of Mall extension area. (1) The Council may request that the Minister recommend to the Governor in Council that the Mall be extended. (2) The Governor in Council may, by Order in Council, on the recommendation of the Minister (a) declare a road area, identified in the Order in Council, within the City to be a Mall extension area; (b) extend or amend previously designated road areas. (3) A road area that is not contiguous with the Mall may be declared a Mall extension area. 5B. Nominated Day. (1) Where the Governor in Council makes a declaration pursuant to section 5A (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 the 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 5A (2) a day for the purpose of extending the 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 section 7; and (b) is in this Act, in respect of a Mall extension area declared pursuant to section 5A (2), referred to as a nominated day. 5c. Extension of Mall. On and from the nominated day in respect of a declaration made pursuant to section 5A(2) the Mall extension area referred to in that declaration shall become a part of the Mall.".

Local Government (Queen Street Mall) Act Amendment Act 1987, No. 38 473 10. Amendment of s. 7. Construction and provision of works. Section 7 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section, inserting before the word "works" the word "extension"; (b) in subsection (1), inserting before the word "works" wherever it occurs, the word "extension"; (c) in subsection (2)- (i) omitting the word "or" where it occurs between paragraphs (a) and (b); (ii) omitting paragraph (b); (iii) inserting after paragraph (a) the following paragraphs:- "(b) the Mall; or (c) a Mall extension area,"; (d) in subsection (3), omitting the words "the appointed day" and substituting the words "the relevant nominated day". 11. Amendment of s. 9. Operation etc. of Mall. Section 9 of the Principal Act is amended in subsection (3) by- (a) omitting the words "the Mall area" and substituting the words "a Mall extension area"; (b) omitting the words "the appointed" and substituting the words "a relevant nominated"; (c) omitting the word "establishment" and substituting the words "extension by the inclusion therein of that Mall extension area". 12. Amendment of s. 10. Entry of vehicles and beasts into Mall. Section 10 of the Principal Act is amended in subsection (7) by- (a) omitting the words "the appointed" where they firstly appear and substituting the words "a relevant nominated"; (b) omitting the words "been established at the commencement of this Act" and substituting the words "included the relevant Mall extension area"; (c) omitting the words "the appointed" where they secondly and thirdly appear and substituting the words "that nominated" in each case. 13. Amendment of s. 12. O rdinances . Section 12 of the Principal Act is amended by omitting subsection (3) and substituting the following subsection:- -"(3) An ordinance of a description referred to in subsection (1) in force immediately before a relevant nominated day shall 16

474 Local Government (Queen Street Mall) Act Amendment Act 1987, No. 38 also on and from that nominated day have force and effect in relation to the Mall extension area to which that nominated day relates.". 14. Amendment of s. 14. Establishment of committee. Section 14 of the Principal Act is amended in subsection (2) by- (a) in paragraph (a), omitting the words "or, if he is the alderman referred to in paragraph (b), the Vice-Mayor of the City"; (b) in paragraph (b), omitting the word "area". 15. Amendment of s. 25. Service and effect of infringement notice. Section 25 of the Principal Act is amended in paragraph (a) of subsection (2) by omitting the word "area" and substituting the words ", a Mall extension area". 16. Amendment of s. 30. No entitlement to compensation . Section 30 of the Principal Act is amended by- (a) numbering the existing provision as subsection (1); (b) adding at the end of the section the following subsection:- "(2) The provisions of subsection (1) shall not be construed so as to prohibit the Council from paying to any person such sum as may be agreed upon by and between the parties in respect of injurious affection to any right or interest of a business, commercial or industrial nature- (a) caused by reason of the carrying out of extension works during the period specified in paragraph (b); and (b) suffered during the period from the date of a declaration made pursuant to section 5A (2) until the nominated day in respect of that declaration.". 17. Amendment of s. 31. Non- application of s. 371A Land Act. Section 31 of the Principal Act is amended by omitting the words "On and after the appointed day the" and substituting the word "The". 18. Amendment of s. 32. Non-application of s. 35 (24B) Local Government Act. The Principal Act is amended by inserting after the word "operation" the words ", extension".