Toowong Railway Station Development Project Act 1985 (Qld)

471 ANNO TRICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 36 of 1985 An Act to provide with respect to the development of an area bounded by Coronation Drive, Benson Street, High Street , Sherwood Road , Lissner Street, Bennett Street , Sylvan Road and Booth Street, Toowong including Toowong Railway Station and for related purposes [ASSENTED TO 17TH APRIL, 1985]

472 Toowong Railway Station Development Project Act 1985, No. 36 Whereas the development of the site identified in the Schedule is of significance to the people of Queensland: And whereas it is desirable that such development be authorized by Act of the Parliament. 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. Citation . This Act may be cited as the Toowong Railway Station Development Project Act 1985. 2. Interpretation . In this Act, except where a contrary intention appears:- "developer " means the person or persons from time to time responsible for the development of the site by the construction thereon of certain buildings and other improvements; "development drawings " means the drawings bearing the markings referred to in section 3 (1) held by the Clerk of the Executive Council and includes those drawings as amended pursuant to this Act; "Minister" means the Minister for Transport or other Minister of the Crown charged with the administration of this Act and includes any person for the time being performing the duties of the Minister; "site" means that area shown as shaded on the plan contained in the Schedule and includes that area as varied pursuant to this Act; "Town Plan " means the Town Plan for the City of Brisbane within the meaning of the City of Brisbane Town Planning Act 1964-1984. 3. Development authorized . (1) Notwithstanding anything contained in the Ordinances of the Brisbane City Council the site and adjacent and nearby public roadways may be developed generally in accordance with the drawings marked with the identification CR622/ I E, CR622/ 21, CR622/3F, CR622/4H, CR622/5G, CR622/6H, CR622/7E, CR622/ 1 OC, CR622/ l 1 d, CR622/ 12A, CR622/ l 6A, 84549 SK30, 84549 SK31, 84549 SK32, 84549 SK33, 84549 SK34, and 84549 SK35 a copy of which is held by the Clerk of the Executive Council and with any amendments thereto made pursuant to this Act. (2) Without limiting the generality of subsection (I)- (a) the location and plan area of any building to be erected on the site may be as shown on and to the extent indicated on the development drawings; (b) footpaths may be constructed as shown on the development drawings but shall not be constructed to any lesser width

Toowong Railway Station Development Project Act 1985, No. 36 473 (where the same is indicated) than is indicated on those drawings; (c) buildings erected on the site having frontage to Booth Street, Sherwood Road or Lissner Street shall be set back at least 6 metres from the property alignment adjacent to such street or road; (d) buildings may be erected on the site up to the property alignment adjacent to Benson Street, High Street or Bennett Street; (e) buildings of a temporary nature for use in connexion with the construction of the development may be erected on any part of the site and equipment, machinery and materials being used or to be used in connexion with that construction may be stored on any part of the site during the period of construction. (3) In determining the property alignment adjacent to Booth Street, Sherwood Road. Lissner Street, Benson Street, High Street or Bennett Street allowance shall be made for any variation thereof (if any) consequent upon the construction of road works shown on the development drawings. (4) Notwithstanding anything contained in the Ordinances of the Brisbane City Council it is not necessary for a person to obtain the approval of the Brisbane City Council in respect of a matter connected with the development of the site generally in accordance with the development drawings. 4. Copy of development drawings to be supplied to the Clerk of the Executive Council , etc. The Minister shall furnish a copy of the drawings bearing the markings referred to in section 3 (1) and of every amendment of the same to the Clerk of the Executive Council, the person holding office as Commissioner for Railways, the Director of Local Government, and the Brisbane City. Council. 5. Transfer of property . (1) Upon the development of the site generally in accordance with the development drawings- (a) the road bridge, shown on those drawings, passing over the railway and connecting Benson Street and High Street shall by virtue of this section become the property of The Commissioner for Railways being the corporation sole constituted by the Railways Act 1914-1982; (b) the pedestrian overbridge, shown on those drawings, passing over Benson Street and the pedestrian underpass, shown on those drawings, passing beneath High Street shall by virtue of this section become the property of the Brisbane City Council which shall maintain the same as a function of Local Government; (c) the developer shall make available free of any charge for dedication to public use as a road pursuant to the Land Act

474 Toowong Railway Station Development Project Act 1985, No. 36 1962-1984 all that piece of land situated in the County of Stanley, Parish of Enoggera described as Subdivision 2 of Resubdivision 1 of Subdivision A of Part of Allotment 25 on Registered Plan No. 18705 and being the whole of the land contained in Certificate of Title 284051 Volume 1570 Folio 41. (2) Upon the completion of the new road work shown on the development drawings the developer shall make available free of any charge the land used for that purpose for dedication to public use as a road pursuant to the Land Act 1962-1984. 6. Application of Town Plan to certain property . Notwithstanding the provisions contained in the Town Plan- (a) that piece of land situated in. the County of Stanley, Parish of Enoggera described as Subdivision 8 of Resubdivision 94 and Resubdivision 14 of Subdivision 2 of Resubdivision 93 of Subdivision 2 of Allotment 24 on Registered Plan No. 84235 being the whole of the land contained in Certificate of Title 641831 Volume 3108 Folio 71; and (b) that piece of land situated in the County of Stanley, Parish of Enoggera described as Subdivision 7 of Resubdivision 92 and Resubdivision 13 of Subdivision I of Resubdivision 93 of Subdivision 2 of Allotment 24 on Registered Plan No. 84235 being the whole of the land contained in Certificate of Title 642633 Volume 3111 Folio 123, shall be deemed to be included in the Special Uses Zone under the Town Plan with the designated purposes for which the land can be used being as follows:- (c) Railway, Commonwealth Government, State Government and Local Government purposes; (d) offices, professional offices, commercial premises , banks, public buildings having a gross floor area not exceeding 16 670 square metres; (e) shopping complex, shops, local stores , fast food stores, places of assembly, public dining places , restaurants, restaurants (licensed ), indoor recreations, health care institution , service industry, motor vehicle servicing premises , licensed clubs, clubs, outdoor recreation , caretaker 's flat , building supplies having a gross floor area , including public malls and access and recreational areas , not exceeding 38 885 square metres; (f) car parking for not less than 1 200 vehicles and for up to 400 additional vehicles if required by the development at a later date; (g) equipment and plant rooms , stairs , lifts and travelators and covered service access ways having a gross floor area not exceeding 2 771 square metres included in the basement area.

Toowong Railway Station Development Project Act 1985, No. 36 475 7. Design and construction of road works and bridge works . (1) All road works and bridge works shown on the development drawings shall be designed and constructed- (a) generally in accordance with those drawings; (b) in accordance with good engineering practice. (2) The developer shall, prior to his commencing to construct the road works and bridge works, furnish the Brisbane City Council with a detailed construction schedule relating to the proposed construction. (3) Subject to subsection (6), the construction schedule shall meet the requirements of the Brisbane City Council. (4) In the event that the developer and the Brisbane City Council are unable to agree as to any matter- (a) required by the Council to be dealt with in the construction schedule; or (b) associated with the design or construction of the road works or bridge works and in respect of which it is competent to the Council to give directions, whether pursuant to its Ordinances or any other law, the developer may request the Minister to obtain a direction from the Governor in Council with respect to the matter. (5) Where the Minister is of the opinion that the matter cannot be satisfactorily otherwise resolved he may refer the same together with his recommendation thereon to the Governor in Council and the Governor in Council may by Order in Council give such directions in relation to the matter as he thinks fit. (6) An Order in Council made under subsection (5) shall be binding upon the developer and the Brisbane City Council notwithstanding anything contained in the Ordinances of the Council or the provisions of any other law. 8. Application of BuildingAct. For the purpose of applying the Building Act 1975-1984 to the development of the site pursuant to this Act- (a) the development shall be deemed to be being undertaken by the Crown in right of the State; (b) a reference in subsections (3) and (4) of section 4 of that Act to the prescribed Minister shall be taken in each case to be a reference to the Minister. 9. Governor in Council may vary area of site and approve amendment of development drawings . (1) The Governor in Council may on the recommendation of the Minister and where he considers that the circumstances warrant it by Order in Council- (a) vary the area of the site by excluding land from it or including other land in it; (b) approve the amendment of the development drawings by the addition thereto of any one or more further drawings

476 Toowong Railway Station Development Project Act 1985, No. 36 or the substitution of one or more drawings for any one or more of those drawings. (2) The Governor in Council's approval given pursuant to subsection (1) (b) may be given subject to such terms and conditions as to him seem desirable and as are set forth in the Order in Council. 10. Contribution to cost of sewerage headworks . (1) Before any approval relating to the development of the site is issued to the developer under the Building Act 1975-1984 the developer shall pay to the Brisbane City Council a contribution towards the cost of sewerage headworks. (2) Subject to the following subsections, the amount of the contribution under subsection (1) shall be such as is determined by the Brisbane City Council having due regard to and making proper allowance for the criteria normally adopted by it for the purpose of determining the amount of such a contribution. (3) In the event of any dispute arising between the developer and the Brisbane City Council as to the amount of the contribution determined by the Council under subsection (2) the developer may request the Minister to request the Governor in Council to determine the amount of the contribution. (4) Where the Minister is of the opinion that the matter cannot be satisfactorily otherwise resolved he may request the Governor in Council to determine the amount of the contribution and the Governor in Council may do so by Order in Council. (5) An Order in Council made under subsection (4) shall be binding upon the developer and the Brisbane City Council notwithstanding anything contained in the Ordinances of the Council or the provisions of any other law.

Grid line 15 270°12 2d' /3.94/ R68-093 00450 450 23104 00 12' 20" 45062 90°12'20„ 13.716 OTHER LAND 34.199 180° 05 34-199 67.934 180° 05' DIAGRAM A (N. T. S.) BENSON RAI LWAY-DEPT LAND 00 03' 20" 4/722 OTHER / LAND 50 16` f0° 37°0'.A-' 8433 183°53`50° 20 575'"' 32048 15961 - +- -18034 \ 88672 32937 42' 30Ig 6 - 5c ^.. 23 267 218°32 5894 100° 01' 15" 3.703 OTHER LAND "42 2--5,1 DIAGRAM .B IN.T.S.) BENNETT