Planning (Urban Encroachment—Milton Brewery) Act 2009 (Qld)

Queensland Planning (Urban Encroachment—Milton Brewery) Act 2009 Reprinted as in force on 27 April 2009 Reprint No. 1 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 27 April 2009. This page is specific to this reprint. A table of reprints is included in the endnotes. Also see endnotes for information about when provisions commenced. Spelling The spelling of certain words or phrases may be inconsistent with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.

Queensland Planning (Urban Encroachment—Milton Brewery) Act 2009 Contents Part 1 1 2 3 Part 2 4 5 6 Part 3 7 8 Part 4 9 10 11 Part 5 12 13 14 Part 6 15 16 Schedule 1 Schedule 2 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Main purpose of Act and its achievement. . . . . . . . . . . . . . . . . . . 3 Interpretation Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 What is a relevant development application . . . . . . . . . . . . . . . . . 4 Words have meanings given by particular Acts . . . . . . . . . . . . . . 5 Legal proceedings Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Restrictions on particular legal proceedings . . . . . . . . . . . . . . . . 6 Particular obligations Record of relevant development application in appropriate register ....................................... 7 Additional consequence of failure to give notice asking for affected area notation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Notifying prospective buyers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Miscellaneous provisions Publication of particular documents of registered operator . . . . . 11 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Transitional provisions Relevant development applications made before commencement ................................ 12 Transitional provision for s 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Affected area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Planning (Urban Encroachment—Milton Brewery) Act 2009 Contents Endnotes 1 2 3 4 5 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 16 16 17 17 Page 2

Planning (Urban Encroachment—Milton Brewery) Act 2009 Part 1 Preliminary [s 1] Planning (Urban Encroachment—Milton Brewery) Act 2009 [reprinted as in force on 27 April 2009] An Act to protect the existing use of the Milton Brewery Part 1 Preliminary 1 Short title This Act may be cited as the Planning (Urban Encroachment—Milton Brewery) Act 2009 . 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Main purpose of Act and its achievement (1) The main purpose of this Act is to protect the existing use of the Milton Brewery from encroachment by, and the intensification of, other development. (2) The purpose is to be achieved mainly by restricting particular civil proceedings and criminal proceedings relating to a local law in connection with particular activities relating to the Milton Brewery. Reprint 1 effective 27 April 2009 Page 3

Planning (Urban Encroachment—Milton Brewery) Act 2009 Part 2 Interpretation [s 4] Part 2 Interpretation 4 Definitions The dictionary in schedule 2 defines particular words used in this Act. 5 What is a relevant development application (1) A relevant development application is a development application for a material change of use of premises or reconfiguring a lot, other than in relation to the following, in the affected area— (a) a class 1a or class 1b building; (b) a class 10 building or structure. (2) In this section— affected area means the area called ‘Milton Rail Precinct’, shown on the map in schedule 1. class , for a building or structure, means its particular classification under the 2008 edition of the Building Code of Australia published by the Australian Building Codes Board. Editor’s note — Building Code of Australia (2008 edition), part A3.2 (Classifications)— ‘ Class 1a —a single dwelling being— (i) a detached house; or (ii) one of a group of two or more attached dwellings, each being a building, separated by a fire-resisting wall, including a row house, terrace house, town house or villa unit; ...’ ‘ Class 1b —a boarding house, guest house, hostel or the like— (i) with a total area of all floors not exceeding 300m 2 measured over the enclosed walls of the Class 1b; and (ii) in which not more than 12 persons would ordinarily be resident, ...’ ‘ Class 10 —a non-habitable building or structure— (a) Class 10a —a non-habitable building being a private garage , carport, shed, or the like; or Page 4 Reprint 1 effective 27 April 2009

Planning (Urban Encroachment—Milton Brewery) Act 2009 Part 3 Legal proceedings [s 6] (b) Class 10b —a structure being a fence, mast, antenna, retaining or free-standing wall, swimming pool , or the like.’ 6 Words have meanings given by particular Acts (1) Words defined under the Environmental Protection Act 1994 and used in this Act have the same meanings as they have under that Act. (2) Words defined under the IntegratedPlanningAct1997 and used in this Act have the same meanings as they have under that Act. Part 3 Legal proceedings 7 Application of pt 3 (1) This part applies to the following development applications— (a) a relevant development application made after the commencement; (b) a relevant development application made before the commencement for which a decision notice had not been given to the applicant before the commencement; (c) a relevant development application for premises for which— (i) a development approval has been given for the application before the commencement; and (ii) a certificate of classification has not been given before the commencement. (2) In this section— certificate of classification see the BuildingAct1975 , schedule 2. commencement means the commencement of this section. Reprint 1 effective 27 April 2009 Page 5

Planning (Urban Encroachment—Milton Brewery) Act 2009 Part 3 Legal proceedings [s 8] 8 Restrictions on particular legal proceedings (1) This section applies to a claim by an affected person that— (a) a relevant act at the Milton Brewery is, was or will be an unreasonable interference, or likely interference, with an environmental value; and (b) the relevant act was, or was caused by, the emission of aerosols, fumes, light, noise, odour, particles or smoke. (2) The affected person can not take a civil proceeding or a criminal proceeding relating to a local law against any person in relation to the claim if— (a) the following have been complied with for the relevant act— (i) the development conditions of the brewery development approval; (ii) any code of environmental compliance applying to the relevant act; and (b) if the relevant act was, or caused, the emission of light—the emission was no more than the intensity of light emitted at any time before the commencement of this section. (3) Subsection (2) applies despite the EnvironmentalProtectionAct 1994 or any other Act. (4) This section does not apply if— (a) either— (i) the brewery development approval or brewery registration certificate is amended (an amended authority ); or (ii) a new development approval or registration certificate is given authorising the carrying out of a chapter 4 activity at the Milton Brewery (a new authority ); and (b) the amended authority or new authority authorises greater emissions of light or noise, or a greater release of Page 6 Reprint 1 effective 27 April 2009

Planning (Urban Encroachment—Milton Brewery) Act 2009 Part 4 Particular obligations [s 9] contaminants into the atmosphere, at the Milton Brewery than is authorised under the brewery development approval, or brewery registration certificate, in force at the commencement of this section. (5) In this section— affected person — (a) means the owner, occupier or lessee of premises if the premises is the subject of a relevant development application for a material change of use of the premises or reconfiguring a lot on which the premises is situated; and (b) includes the owner’s successors in title. relevant act means an act or omission of a person in carrying out a chapter 4 activity under the brewery development approval or brewery registration certificate. Part 4 Particular obligations 9 Record of relevant development application in appropriate register (1) The applicant for a relevant development application must, within 20 business days after making the application, give the registrar notice, in the form approved by the registrar, asking the registrar to keep a record that this Act applies to the premises or lot the subject of the application (an affected area notation ). Maximum penalty—200 penalty units. (2) On receiving the notice, the registrar must keep a record so that a search of the appropriate register will show the affected area notation for the lot. (3) If— Reprint 1 effective 27 April 2009 Page 7

Planning (Urban Encroachment—Milton Brewery) Act 2009 Part 4 Particular obligations [s 10] (a) the relevant development application is refused, or lapses or is withdrawn before the application is decided; and (b) the applicant has given the registrar a notice under section (1); the applicant must give the registrar notice, in the form approved by the registrar, asking the registrar to remove the record of the affected area notation from the register. Maximum penalty—20 penalty units. (4) As soon as practicable after receiving the notice under subsection (3), the registrar must remove the record of the affected area notation from the register. (5) The registrar may remove the affected area notation from the register if the registrar is satisfied, on reasonable grounds, the relevant development application has been refused, has lapsed or was withdrawn before it was decided. (6) No fee is payable to the registrar for keeping or removing, under this section, a record of the affected area notation. 10 Additional consequence of failure to give notice asking for affected area notation (1) This section applies if— (a) the applicant for a relevant development application enters into a contract with someone else (the buyer ) for the buyer to buy the premises or lot the subject of the application, or part of the premises; and (b) at the time of entering into the contract, an affected area notation is not shown on the appropriate register because the applicant has failed to comply with section 9(1). (2) The buyer may end the contract at any time before the contract is completed by giving the applicant or the applicant’s agent a signed, dated notice of ending of the contract. Page 8 Reprint 1 effective 27 April 2009

Planning (Urban Encroachment—Milton Brewery) Act 2009 Part 4 Particular obligations [s 11] (3) The notice must state that the contract is ended under this section. (4) If the buyer ends the contract, the applicant must, within 14 days, refund to the buyer any deposit paid to the seller under the contract. Maximum penalty—200 penalty units. (5) This section applies despite anything to the contrary in the contract. 11 Notifying prospective buyers (1) This section applies if— (a) a relevant development application is made or has been made before the commencement of this section; and (b) the application is a current application; and (c) anyone (the seller ) offers the premises or lot the subject of the application, or part of the premises, (the property ) for sale to someone else (a prospective buyer ). (2) Before the prospective buyer enters into a contract to buy the property, the seller must give the prospective buyer a notice (an affected area notice ) of— (a) the restrictions under section 8 that may apply to the prospective buyer if the prospective buyer buys the property; and (b) the keeping, under section 9(2), of a record of the affected area notation for the property in the appropriate register. (3) If— (a) the seller fails to give the prospective buyer an affected area notice for the property; and (b) the prospective buyer enters into a contract with the seller to buy the property; the failure to notify gives the prospective buyer the right to end the contract. Reprint 1 effective 27 April 2009 Page 9

Planning (Urban Encroachment—Milton Brewery) Act 2009 Part 4 Particular obligations [s 11] (4) The prospective buyer may end the contract at any time before the contract is completed by giving the seller or the seller’s agent a signed, dated notice of ending of the contract. (5) The notice must state that the contract is ended under this section. (6) If the prospective buyer ends the contract, the seller must, within 14 days, refund to the prospective buyer any deposit paid to the seller under the contract. Maximum penalty—200 penalty units. (7) This section applies despite anything to the contrary in the contract. (8) To remove any doubt, it is declared that this section applies— (a) even if the offer for sale is made by someone other than the applicant for the relevant development application; and (b) if the seller is not the applicant—whether or not the seller received an affected area notice for the property; and (c) regardless of the number of times the property has been sold since the making of the development application. (9) In this section— current application means a relevant development application that has not been refused, or has not lapsed or been withdrawn before the application is decided. Page 10 Reprint 1 effective 27 April 2009

Part 5 Planning (Urban Encroachment—Milton Brewery) Act 2009 Part 5 Miscellaneous provisions [s 12] Miscellaneous provisions 12 Publication of particular documents of registered operator (1) The registered operator, named in the brewery registration certificate, must publish on the registered operator’s website— (a) the brewery registration certificate; and (b) the brewery development approval and the development conditions of the approval. Editor’s note — At the commencement of this section, the registered operator’s website address is < (2) A failure to comply with subsection (1) does not affect the operation of section 8. 13 Regulation-making power (1) The Governor in Council may make regulations under this Act. (2) A regulation may impose a penalty of no more than 20 penalty units for contravention of a regulation. 14 Review of Act (1) The Minister must, within 5 years after the date of assent of this Act, carry out a review of the operation and effectiveness of this Act. (2) The Minister must, as soon as practicable after the review is finished, cause a report on its outcome to be laid before the Legislative Assembly. Reprint 1 effective 27 April 2009 Page 11

Planning (Urban Encroachment—Milton Brewery) Act 2009 Part 6 Transitional provisions [s 15] Part 6 Transitional provisions 15 Relevant development applications made before commencement (1) Section 9(1) applies to a relevant development application mentioned in section 7(1)(b) or (c) as if a reference to ‘20 business days after making the application’ were replaced by ‘20 business days after the commencement of this section’. (2) Section 9(3) and (4) does not apply to a relevant development application mentioned in section 7(1)(c). 16 Transitional provision for s 11 (1) If a prospective buyer entered into a contract to which section 11 applies to buy a property before the commencement of this section, section 11 does not apply to the contract. (2) The prospective buyer does not have the right to end the contract under that section only because the seller did not give the prospective buyer an affected area notice before the prospective buyer entered into the contract. (3) The failure to give the prospective buyer an affected area notice does not constitute a breach of the contract by the seller. Page 12 Reprint 1 effective 27 April 2009

Page 13Reprint 1 effective 27 April 2009 Milton Rail Precinct Legend Rail Stations Precinct Boundary Point Stations ELIZABETH STR M EET ilton Precinct Frame Study Area Queensland Rail NASH STREET Cadastre FERNBERG ROAD BAROONA ROAD 7 8 HAIG ROAD MILTON ROAD TORWOOD STREET 9 10 11 0 60 120 240 Metres 360 480 IVE Copyright the State of Queensland ( Department of Infrastructure and Planning) 2008 No liability accepted for any loss or damage which may arise from the use of or reliance upon this information. BAROONA ROAD GIVEN TERRACE HEUSSLER TERRACE Milton Rail Station FINCHLEY STREET Map Produced by DIP Spatial Services October 2008. Cadastre: September 2008 COUNTESS STREET CAXTON STREET 6 HALE STREET 5 4 TERRACE PETRIE 3 CORON A TION DRIVE OVERPASS 2 SECOMBESTREET STREET UPPER ROMA STREET SKEW SAUL STREET ROMA STREET NORTH QUAY WILLIAM JOLLY BRIDGE PARK ROAD CORONATION DRIVE Precinct Boundary Points Projected Coordinate System: GDA_ 1994_ MGA_ Zone_ 56 Point Easting Northing 1 500397. 453436 6960997. 764750 23 550011011058. .92479594236P7 EEL STREET 66996611864246. . 039271276200 4 500884. 670719 6961798. 471420 5 500824. 709156 6961963. 517800 BOUNDARY STREET MERIVALE STREET 1 MONTAGUEROAD 867 455900090881152840. . .561686230831967448 666999666112681286620. .. 371729066631088000 9 499977. 276271 6961436. 739500 10 500009. 089391 6961301. 604200 11 500047. 916852 6961289. 309010 EDMONDSTONE STREET CORDELIA HE section 5(2) Affected areaSchedule 1 Schedule 1 Planning (Urban Encroachment—Milton Brewery) Act 2009

Planning (Urban Encroachment—Milton Brewery) Act 2009 Schedule 2 Schedule 2 Dictionary section 4 Page 14 affected area notation see section 9(1). affected area notice see section 11(2). appropriate register , for a lot or property, means the register the registrar keeps under an Act, in which register the lot or property is registered. brewery development approval means the development approval in force at the commencement of section 8 to carry out the chapter 4 activities, stated in the approval, at the Milton Brewery. brewery registration certificate means the registration certificate in force at the commencement of section 8 authorising the registered operator, named in the certificate, to carry out the chapter 4 activities, stated in the certificate, at the Milton Brewery. Note — At the commencement of this definition— (a) the registered operator named in the brewery registration certificate is Castlemaine Perkins Pty Limited; and (b) the chapter 4 activities stated in the brewery registration certificate are— (i) environmentally relevant activity 17 (Fuel Burning); and (ii) environmentally relevant activity 29(b) (Beverage Production). Milton Brewery means the brewery situated on lot 35 on plan SL805565. Editor’s note — The address for the Milton Brewery is 185 Milton Road, Milton. notice means a notice in writing. owner see the Environmental Protection Act 1994 , schedule 3. Reprint 1 effective 27 April 2009

Planning (Urban Encroachment—Milton Brewery) Act 2009 Schedule 2 Editor’s note — Environmental Protection Act 1994 , schedule 3 has been renumbered as schedule 4 under the Environmental Protection and Other LegislationAmendment Act (No. 2) 2008 , section 70. premises see the Integrated Planning Act 1997 , schedule 10. registrar means the registrar of titles under the Land Title Act1994 or another person who, under an Act, is responsible for keeping a register for dealings in land. relevant development application see section 5(1). Reprint 1 effective 27 April 2009 Page 15

Planning (Urban Encroachment—Milton Brewery) Act 2009 Endnotes Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). However, no amendments have commenced operation on or before that day. Future amendments of the Planning (Urban Encroachment—Milton Brewery) Act 2009 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered Page 16 Reprint 1 effective 27 April 2009

Planning (Urban Encroachment—Milton Brewery) Act 2009 Endnotes 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 Amendments included none Effective 27 April 2009 Notes 5 List of legislation Planning (Urban Encroachment—Milton Brewery) Act 2009 No. 1 date of assent 23 February 2009 ss 1–2 commenced on date of assent remaining provisions commenced 27 April 2009 (2009 SL No. 34) © State of Queensland 2009 Reprint 1 effective 27 April 2009 Page 17