Local Government (Queen Street Underground Shopping Facilities) Act 1990 (Qld)

1786 LOCAL GOVERNMENT (QUEEN STREET SHOPPING FACILITIES) ANAL YSIS OF CONTENTS Preamble 1. Short title 2. Commencement 3. Interpretation 4. Road closures 5. Special lease 6. Construction guarantee 7. Commencement of work 8. Zoning 9. Access 10. Extensions 11. Variation of project area SCHEDULE ANNO TRICESIMO NONO ELIZABETHAE SECUNDAE REGINAE No. 109 of 1990 An Act to provide for the development of underground shopping facilities in Queen Street ( generally between Edward Street and Creek Street) and for related purposes [ASSENTED TO 18TH DECEMBER, 1990]

Local Government (Queen Street Underground Shopping 1787 Facilities) Act 1990, No. 109 Preamble : Whereas Agano Pty. Ltd., a company duly incorporated in Queensland and having its registered office at Level 1, 62 Astor Terrace, Spring Hill in Queensland, seeks to become the lessee of a special lease under the Land Act 1962-1990 of certain land situated in Queen, Edward and Creek Streets, Brisbane: And Whereas Agano Pty. Ltd. proposes to develop the land as an underground retail shopping facility: And Whereas certain aspects of the proposed development are not presently authorized under existing law: And Whereas it is desirable to make provision for those aspects of the development and for other,matters relating to the development: BE IT THEREFORE 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 Underground Shopping Facilities) Act 1990. 2. Commencement . (1) Section 1 and this section commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act is to commence on a day appointed by Proclamation. 3. Interpretation. In this Act, unless the contrary intention appears- "Company" means Agano Pty. Ltd., a company duly incorporated in Queensland and having its registered office at Level 1, 62 Astor Terrace, Spring Hill in Queensland and includes its successors and assigns; "Council" means the Brisbane City Council constituted under the City of Brisbane Act 1924-1989; "Land Act" means the Land Act 1962-1990; "Minister for Housing and Local Government" means the Minister of the Crown for the time being charged with the administration of this Act: The term includes a Minister of the Crown for the time being acting for or on behalf of that Minister; "Minister for Land Management" means the Minister of the Crown for the time being charged with the administration of the Land Act: The term includes a Minister of the Crown for the time being acting for or on behalf of that Minister; "project area" means the road area within the City of Brisbane delineated and shown stippled on the plan in the Schedule: The term includes any road area added pursuant to section 11;

1788 Local Government (Queen Street Underground Shopping Facilities) Act 1990, No. 109 "public utility" means an installation or undertaking for- (a) the public supply of water, hydraulic power, electricity or gas; (b) the provision to the public of telephone services or sewerage or drainage works; "special lease" means the special lease issued pursuant to section 5 (1); "Town Plan" means the Town Plan for the City of Brisbane in force for the time being. (2) In this Act, unless the contrary intention appears, where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings. 4. Road closures. (1) To facilitate the construction of the underground retail shopping facilities within the project area the Governor in Council, on the recommendation of the Minister for Land Management, may permanently or temporarily close all or any part of a road, by notification published in the Gazette, notwithstanding section 368 of the Land Act and that the road is required for public use. (2) Before the Minister for Land Management makes a recommendation to the Governor in Council under subsection (1), the Minister for Land Management is to give each registered proprietor of land adjoining the project area written notice of the intention to close all or part of a particular road or particular roads not less than 30 days after the day of the service of the notice. (3) A notice given under subsection (2) is sufficiently served on a registered proprietor if it is sent by post and addressed to that registered proprietor at the address of that registered proprietor as shown in the records of the Council relating to the levying of rates. (4) A registered proprietor may object to the proposed road closure in writing to the Minister for Land Management, within 30 days of the service of the notice referred to in subsection (2). (5) The Minister for Land Management is to consider every objection duly made under subsection (4) before making any recommendation to the Governor in Council under subsection (1). (6) The land comprised in a road permanently closed under subsection (1) may be dealt with in any way in which Crown land may be dealt with under the Land Act. 5. Special lease . (1) The Minister for Land Management, with the approval of the Governor in Council and subject to the terms and conditions the Governor in Council considers appropriate, may, where the Company accepts those terms and conditions and without notification published in the Gazette, issue to the Company a special lease of any land which becomes Crown land as a result of the exercise of the powers specified in section 4.

Local Government (Queen Street Underground Shopping 1789 Facilities) Act 1990, No. 109 (2) The powers, authorities, functions and duties conferred or imposed by this section upon the Governor in Council and the Minister for Land Management may be exercised or performed with respect to layers and strata below and air space above the land referred to in subsection (1). (3) The Company is not to transfer or assign its interest in the special lease unless the Company. complies with section 286 of the LandAct. (4) Where in the opinion of the Minister for Land Management it is necessary, having regard to the design of the underground retail shopping facilities as a whole, to permit any public utility services to enter through the area of the special lease , the Company is, at no cost whatsoever to the Crown or a relevant public utility service authority, to grant the necessary easement rights to permit that service or those services to enter in and pass through the land comprising the special lease. (5) The Company may sublet the whole or any part of the land comprising the special lease and any sublessee of the whole or any part of the land comprising a sublease of the special lease may sub-sublet the whole or any part of the land comprised in that sublease and section 274 of the Land Act, in so far as it requires the approval of the Minister for Land Management to such subleases or sub-subleases, is not to apply. (6) Subject to subsection (5), the special lease is to be taken to be a special lease issued under section 203 of the Land Act. 6. Construction guarantee . After the issue of the special lease but prior to the commencement of any work on land comprising the special lease, the Company is to lodge, in a form and on terms and conditions and from a guarantor acceptable to the Governor in Council, with the Minister for Land Management security that will in the opinion of that Minister ensure- (a) the observance and performance by the Company of the covenants, terms and conditions of the special lease in respect of the construction of the facilities; or, at the discretion of that Minister, having regard to the stage at which construction of the facilities has reached, (b) the reinstatement of any land altered by the Company within the project area to the condition it had before the work commenced. 7. Commencement of work . The Company is not to cause or permit any work to commence on its behalf within the project area unless the guarantee referred to in section 6 has been lodged with the Minister for Land Management. 8. Zoning . (1) Notwithstanding the provisions of the City of Brisbane Town Planning Act 1964-1989 and the Town Plan and for the purposes of enabling any application in respect of the construction of the facilities

1790 Local Government (Queen Street Underground Shopping Facilities ) Act 1990, No. 109 to be lodged with the Council, any land within the project area comprising a road permanently closed under section 4 (1) is to be taken to be included in the Central Business Zone. (2) Notwithstanding the provisions of the City of Brisbane Town Planning Act 1964-1989 and the Town Plan, on and from the issue of the special lease, the land comprising the special lease, unless and until that land is later rezoned pursuant to that Act, is to be included in the Central Business Zone under the provisions of the Town Plan and that Act and the scheme maps are to be noted accordingly by the Director of Local Government and the Council. 9. Access. The special lease is to contain terms and conditions that will ensure the public has adequate access during all stages of the construction of the facilities to the premises of each registered proprietor of land adjoining the project area. 10. Extensions . The Minister for Land Management may, on the recommendation of the Minister for Housing and Local Government vary the terms of the special lease to permit any other person to access the area of the special lease by way of a permanent underground thoroughfare where the Company and that other person or those other persons agree on the terms and conditions in respect of that access. 11. Variation of project area. The Governor in Council, on the recommendation of the Minister for Housing and Local Government where that Minister considers that in the circumstances it is appropriate, may, by Order in Council, increase the size of the project area by including other road area in it.

Local Government (Queen Street Underground Shopping 1791 Facilities) Act 1990, No. 109 SCHEDULE [s. 3]