INDEX

CITY OF BRISBANE TOWN PLANNING ACT 1964-1975

Allotment- meaning of term Amend-

in relation to Plan,- meaning of term Town Plan-

Brisbane City Council (and see Brisbane City Council) ..

Governor in Council by . . . . . . . . . . Authorised surveyor-

meaning of term .. . . . . . . . . . . re-zoning of future urban zones, to prepare map for ..

Brisbane City Council-

advice of Advisory Co=ittee not to limit or affect discretion had by

applications, granting of within specified periods new Town Plan-

Governor in Council may approve

objections to, to Town Clerk . . . . . . to be prepared at intervals not exceeding 5 years what to consist of .. . . . . . . . . notification to applicant of making of decision power to make Planning Ordinances .. . . . . revocation of approval, consent or permission by, when re-zoning of land by . . . . . . . . . . Town Plan-

administration of amendment of by-

application for, to Minister application, manner of

approval of, publication in Gazette

considerations of, objections to ..

Governor in Council may approve or reject inspection of by public

objections to, to Town Clerk public notice of ..

open for inspection, to keep ..

purchase or taking of land, power to resale of land taken or acquired ..

town planning certificate, issue of by .. . . unlawful conditions by, re certain application for approval ..

Buildings-

meaning of ..

use of, application for- advertisement of notice of to be given objections to

objectors may join in appeals to be open to inspection

Commencement of Act- Compensation-

assessment of-

benefit to adjacent land to be accounted difference in market value ..

modification, account of claims for-

made on form prescribed by Council persons eligible . . . . . . to be made within 3 years of arising when may be made ..

none, except in accord with Act

onus for not paying to be on Council .. . . resumption by Council in lieu of with permission of Minister when not payable-

anything in contravention of an ordinance anything in contravention of the Plan certain building after December. 1955 similar provision obtaining before Plan where space or size is limited ..

Page

s. 3 2

3 3

6 9

4 (2) 4

3 3

8 (2) 15

25 (4) 31

21 (I) 23

4 (21) 8

4 (11) 7

4 (3) 4

4 (4) 5

21 (2) 23

25 31

200 22

8 15

5 (I) 9

6 (I) 9

6 (5) 10

6 (7) II

6 (4) 10

6 (6) 11

6 (28) 10

6 (3) 10

6 (2) 9

11 17

23 (1) 30

23 (4) 30

12 17

20C 21

3 3

22 24

22 (2) 26

22 24

21A 24

22 (4) 26

I (3)

16 (I) 20

15 (I) 19

13 (I) 17

15 (3) 19

13 (2) 18

17 20

14 (2) 19

16 (2) 20

14 (I) 18

S6 INDEX

Conditions-

appeals under ss. IS-lOA, may be allowed subject to. • . . of approval of application for re-zoning land, appeals apinst when Court may allow appeal . . . . • . . . unlawful conditions by Council re applications for approval Court-

appeal from on point of law or access of jurisdiction appeals to-

apinst conditions of approval of application for re- zoning of land

when appeal may be allowed ..

by applicant dissatisfied with decision- re erection of buildings or other structures under repealed Acts • . . . . . . • • .

re certain rights of appeal • • . • . . . . re refusal of approval or condition of approval of

application to open new road or subdIvide land when may be allowed . . . . • • . • • . under ss. IS-lOA, may be allowed subject to conditions approval to erect buildings, etc., appeal in respect of refusal Chambers, when sitti~ may be

compensation, appeal m respect of constitution of

costs in-

fixing by taxing officer

order for .. .. ..

not to be made under this Act decision of Council appeal in respect of District Court Judge to be • . . • evidence, mode of taking • . . . interruption of proceedings, penalty for jurisdiction of-

decision to be final and conclusive hear all matters required to be heard meaning of term " .. .. •• •.

notification of name of District Court Judge to be open court hearings to be in • . . .

opening of new road, appeal in respect of powers of-

Judge of District Court, like powers of .•.

summoning of witness . . . . . . Registrar, appointment of • . . .

representation of parties . . . . . . . . • • rules of court, making of . . . . . • . . . • re-zoning ofland in future urban zone, appeal in respect of ..

seal of to be judicially noticed witness, entitled to expenses

Definition of terms Delegate-

applications, decisions on by meaning of term ..

Erect-

meaning of term

Future Urban Zone-

aubdivision of land in, conditions to be observed

Governor in Council-

new Town Plan propoaals to be submitted to power of to approve new Town Plan ..

lnterpretation- .

City of Brisbane Acts read as one WIth

s.20a 9 (1) 9 (3) 20c 28 (3)

9 (1) 9 (3) lOA

2 2 (2) 2 (3) 2 (4) lOa ..

19 30 (6) 15 (4) 27 (1) 31 31 31 20 27 (I) 30 (2) 32 28 (2) 28 (1) 27 (2) 3 30 (5) 18 ..

30(1) 30 (1) 29 30 (4) 33 28 (5) 9 30 (3)

3 21 3

" (13)

"

1 (2)

.. I I

Page 21 16 16 21 33 16 16 21 2 1 1 21 2 21 34 19 32 34 34 34 21 32 34 34 33 33 32 3 21 34 33 33 33 34 35 16 33 34

2 23 3

"

Land, use of..- application for-

advertisement of ..

notice of to be gi VCD.

objections to . . . . objectors may join in appeals to be open to inspection ..

Member of the Court- meaning of term ..

Minister-

INDEX

amendment of Town Plan on recommendation of- Director of Local Government to keep maps of Governor in Council by . . . . . . . . notice of intention .. . .

notification in Gazette of ..

objections to

meaning of term .. . . . . . . to give notice of intention to re-zone land Multiple dwelling~

proposals for- advertisement of objections to ..

to be open to inspection

Non-Urban Zone--

subdivision of land in, and conditions to be observed

Objectors may join in appeals Offences-

contravention of Plan prosecuted under Justices Act Ordinances, Planning, power to make Owner-

meaning of term ..

o

Planning Ordinances-

amendment of, deemed to be amendment of Town Plan power to make

to be part of Town Plan what to be

Repeal of Acts Rezoning of land-

application for- advertisement of Council to consider

notice of intention to make to be given notice of to be given

objections to

objectors may join in appeals particulars re

power to make to Council

to be open to inspection . . . . . . . . . . Minister to give notice of intention of, to owner of land and

owner of adjoining land Road, new-

application for- advertisement of notice of to be given

objections to ..

to be open to inspection . . . . . . . . when applicant exempted from provisions of s. 22

s.22 22 (2) 22 21A 22 (4)

7 (28) 7 (1) 7 (2) 7 (4) 7 (3) 3 ..

7 (2A)

22A 22A 22A (S)'

21A 24 24 2S 3

2S (3) 25 (I) 25 (2) 25 (4)

22 8 6 (2A) 22 (2) 22 21A

8 (2) 8 (I) 22 (4) 7 (2A)

22 22 (2) 22 22 (4) 22 (IAA)

Pap

24 26 24 24 26

14 12 12 14 14 3 13

28 28 29

24 31 31 31 3

31 31 31 31

24 15 9 26 24 24 15 15 26 13

24 26 24 26 26

Scheme map- meaning of term Short title

Structure--

meaning of term Subdivision of land- application for-

advertisement of notice of to be given objections to . . . . objectors may join in appeals

INDEX

s

to be open to inspection . . . . . . . . when applicant exempted from provisions of s. 22

The Plan-

administration of by Brisbane City Council ..

amendment of by Brisbane City Council amendment of by Governor in Council ..

amendment of on recommendation of Minister . . . . continuation of that approved under The City of Brisbane

(Town Plan) Act of 1959 Council to keep copy open for inspection meaning of term .. . . . . . . new Plan-

Governor in Council may approve inspection of, by public . . . . may be copied

objections to, to Town Clerk purchase of proposals by public

to be prepared at intervals not exceeding 5 years what to consist of .. . .

Planning Ordinances to be part of proof of-

certificate of Town Clerk in respect of part whole, certificate of Town Clerk

Town Planning certificate-- admissible in evidence Council to issue ..

to set forth-

Use-

consents given relevant to land roads affecting land

zone of land ..

meaning of term

Zone-

meaning of term

u

z

Page

s. 3 3

1 (I)

3 2

22 24

22 (2) 26

22 24

21A 24

22 (4) 26

22 (IAA) 26

5 (I) 9

6 9

4 (2) 4

7 12

4 (I) 4

II 17

3 4

4 (21) 8

4 (5) 6

4 (9) 6

4 (II) 7

4 (8) (10) 6

4 (3) 4

4 (4) 5

25 (2) 31

26 (I) 32

26 (2) 32

12 17

3 ⁴

3 4

LOCAL GOVERNMENT COURT RULES

(Made pursuant to Section 33 of the City of Brisbane Town Planning Act 1964-1975)

Adjournment by C nsent

Adjournment of sitt ngs for hearing Admissions-

call for ..

costs of proving "

limitations on use of ..

refusal or neglect to submit Affidavits-

duties and responsibilities of person making such form of (Form No.3)

in answer to interrogatories ..

relative to discovery of documents to be sworn to

variation to Affirmations

Agent for Body Corporate or like groups Amendments-

application for ..

power of the Court Appeal-

by leave of the Court entry of .. ..

form of entry (No.5) service of notice of setting down for hearing withdrawal of

Appeal to the Court-

against order or decision of Registrar ..

institution of ..

notice of at Brisbane ..

notice of at places other than Brisbane register of . . . .

serving of notice of appeal on respondent

times for serving of notice of appeal on respondents Appeals to the Full Court-

dates of hearing ..

notice of motion and filing of

power of Full Court to amend notice of

rules of Supreme Court relative to record and evidence security for costs to be lodged with Registrar service of notice upon all parties

time for service of notice of Application to the Court

for amendment for directions

for discovery of documents for inspection of documents form of, (No.2)

for particulars hearing of ..

Attorney acting for a party- limits of authority

Body Corporate or like groups- agent for ..

Page

r. 18 (5) 42

18 (I) 41

34 (l) 47

34 (2) 47

34 (3) 47

34 (1) 47

21 42,43

Sch. 53

r. 30 (2): jo (3) 46

25 (2) 43

21 (2) 42

21 (I) 42

21 (7) 43

25 (2) 43

35 48

17 41

18 (4) 42

Sch . . . ". ⁵⁴

r. 17 41

18 (4) 42

17 41

9 39

16 40,41

16 41

6 (i) 39

16 41

37 (6), 37 (7) 49

37 (2), 37 (3), 37 (4), 48,49 37 (5), 37 (6)

37 (3) 49

37 (8) 49

37 (5) 49

37 (3) 49

31 (4) 49

19,20 42

35 48

36 (1),36 (3) 48

25 (3), 25 (4) 44

29 (1),29 (2) 45

Sch. 51

r.32 47

20 42

6 (i) 39

14 (2) 40

25 (2) 43

Call for admiasioDS

Certificate of Judament or Order Costs--

INDEX

c

for production and iDSpection of documents ••

of provina admissions • • • . . • • . Compliance with Notice of Discovery of Documents-

time for .. .. .. •. .• •.

failure to comply with Notice or Order Court-

adjournment by ReJistrar

adjournment of sittmas .. . . . • application to for discovery of documents application to and hearing of •. . . may amend notice of appeal to FuJI Court may fix expenses to be paid to witnesses may make amendments-

application for

may issue directions . . • • • . . • may set dates and venue for sittinp . • . • order for production and inspection of documents order in relation to interrogatories

order for particulars . . . . . • order relative to discovery of documents power to vary rules

vacations.. ..

sittings and hearing of the .. .. ..

Court Fees scale of Court Office Stamp Court Rules

Court or Registrar to appoint date/s for hearing appeals at places other than Brisbane

Cross examination of Deponent

Dates for hearing appeals to the Full Court Dates for sittings of the Court-

at Brisbane . . . . . . at places other than Brisbane ..

adjournment of sittings and hearings Decisions-

Declarations-(solemn) Delegation of duties ..

Delivery of documents of discovery Deponent-

cross examination of ..

duties and responsibilities expenses for . . . . subpoena of

Deposits- register of ..

Deputy Registrar of Local Government Court Directions-

applications to the Court for ..

power of the Court in relation to Discovery of documents-

affidavit relative to (Form No.3) affidavit relative to

agent for Body Corporate or like groups application to the Court relative to court orders relative to ..

delivery of documents ..

failure to comply with Notice or Order form of notice (Form No. 2A) .. . .

Pap

r. 34 (1) 47

24 43

29 (5), 29 (6), 29 (7) ~

34 (2) .. .. 47

25 (2) 4J

25 (6) 44

18 (5) .. 42

P)'

^{18 (2)} ⁴¹

25 3),25 (4) 44

19,20 42

37 (3) 49

33 47

35 41

36 (2~: 36 (3) .. 41

18(1,18(2) .. 41

27, 29 (3), 29 (4), 45,46 29 (5), 29 (6), 29 (7)

46,47 30 (I), 30 (2), 30 (6),

32 47

25 (3): 25 (5): 25 (6): 44 25 (7), 25 (8)

40 Sf

S.

18 41,42

3 31

38 50

Sch. 54

r. 4 39

39 5.

16 41

21 (3), 21 (5) 42,43

37 (6), 37 (7) 49

18 (I) 41

18 (2) 41

18 (1) 41

6 (iii) 39

21 (7) 43

10 39

25 (10) 44

21 (3) 42

21 42,43

21 (6) 43

21 (4) 43

6 (ii) 39

18 (3) (c) 42

5A 39

36 (1),36 (3) 48

36 (2), 36 (3) 48

Sch . .. ⁵³

r. 25 (2) 43

25 (2) 43

25 (3), 25 (4) 44

25 (3), 25 (5), 25 (6), 44 25 (7), 25 (8)

25 (10) 44

25 (6) 44

Sch . .. ⁵²

Discovery of documents-continued limitation of documents required list relative to (Form No. 28) ..

list relative to . . . . . . notice served upon Body Corporate service of notice of . . . . time for compliance with notice of District Court-

registrar of

..

INDEX

Duties and responsibilities of person making affidavit Drawing up and entry of Judgments and Orders ..

Enforcement of Judgments and Orders

Entry and Drawing Up of Judgments and Orders Entry of Appeal

form No.5 ..

Expenses-

fixing of by Court for deponent ..

payment to witnesses

Failure to comply with Court Order relative to interrogatories ..

Failure to comply with Notice or Order relative to Discovery of Documents

Fees (Court) register of ..

scale of

Filing of notice of motion of appeal to the Full Court Findings-

Fixing of expenses to be paid to witnesses by the Court ..

Forms in Schedule to be used Form No. 2A-

notice for discovery of documents Form No. 28-

list of documents (discovery) Form No. 3-

affidavits as to documents Form No.4-

certificate of Judgment or Order or Finding of the Local Government Court

Form No. 5- entry of appeal

Form of application to the Court Forrns-

registrar shall frame or settle Full Court-

appeal to .. ..

dates for hearing of . . . . power to amend notice of motion of rules relative to record and evidence IICCurity for costs of appeal ..

service of notice upon all parties time for service of notice of

Hearing Appeal- setting down for

Hearing of applications to the Court Hearin, and Sittings of Court

adjournment of .. . . dates and venue for

r. 25 (3) (a), 25 (7) Sch . . . r. 25 (2)

25 (2) 25 (1) 25 (2) 18 (2) 21 23

24 23 18 (4), Sch . 33 21 (6) r.33

31 2S (6) 38

6 (ii)

Sch . ..

r. 37 (2), 37 (3), 37 (4), 37 (5), 37 (6) 6 (iii)

33 13 Sch.

Sch.

r.13 37

37 (6): 37 (7) 37 (3) 37 (8) 37 (5) 37 (3) 37 (4)

18 (4) 20 18 18 (I) 18 (1),18 (2)

Page 44 52 43 43 43 43 41 42,43

43 43 42 54 47 43 47

47 44 50 39 54 48,49 39 47 40 52 52 53 53

54 Sl

040 048 049 49 049 049 49 49

042 042 041,42 041 041

Hearings- to be open in Chambers

Hours (Registrar's Office Open)

INDEX

Inspection and Production of Documents by persons- not a party to an appeal

application for ..

costs for ..

court order for

time for service of notice of order for ..

Institution of Appeals to the Court ..

Interpretation-terms .. the Court ", .. Judgment ", .. Registrar "

Interrogatories- affidavit in answer to court order in relation to

failure to comply with court order in relation to objection to answering

time for delivery of

Judgment

Judgments (Register of) Judgments and Orders-

certificate of

enforcement of . . . . entry and drawing up of setting aside of

Leave of the Court- to withdraw appeal Legal Arrangements ..

Limitation of documents required by Discovery Limitation on use of admissions

Limits of Authority (attorney acting for party) List relative to Discovery of Documents

form of (Form No. 20) ..

Notice of Appeal to Court- at Brisbane

at places other than Brisbane serving on respondents ..

time for service of notice on respondents Notice of Discovery of Documents-

failure to comply with ..

form of (Form No. 2A) ..

served upon Body Corporate or like groups service of .. . . . .

time for compliance with

Notice of Motion and Filing of Appeals to the Full Court service of upon all parties

time for service of

Notice of withdrawal of Appeal- service of ..

time for service of notice of Notices (record of)

r. 18 (6) 18 (6) 11

29 ..

29 (1), 29 (2) 29 (6), 29 (7) 29 (3), 29 (4), 29 (5),

29 (6), 29 (7) 29 (2)

16 3

30 (2), 30 (3) ..

30 (I), 30 (2), 30 (6), 31 31

30 (4) 30 (1)

3 6 (iii) 24 24 23 22

17 18 (1)

25 (3) (a), 25 (7) 34 (3)

14 (2) 25 (2) Sch.

r. 16 16 16 16 25 (6) Sch.

r. 25 (2) 25 (1) 25 (2)

37 (2), 37 (3), 37 (4).

37 (5). 37 (6) 37 (3)

37 (4) 17 17

6 (iv)

Pa&e 42 42 40

45,46 45 46 45,46 45 40,41 38 46 46,47 47 46 46

38 39 43 43 43 43

41 41 44 47 40 43 52

41 41 41 41

« 52 43 43 43 48, 49 49 49 41 41 39

Objection to answering interrogatories Offiee hours (Registrar's Office) Official Seal of the Court Open hearings of the Court Orders and ludgments-

certificate of enforcement of setting aside of Orders by the Court-

INDEX

o

for production and inspection of documents ..

relative to discovery of documents and failure to comply

Particulars-

court order for and application for Payment of expenses to witnesses Places for sittings and hearings Power of th~ Court-

in relation to directions ..

to vary Rules of the Court

Power of Full Court to amend notice of motion of appeal Production and inspection of documents in possession of parties

to the appeal- application for ..

by order of the Court ..

objection to production of

place for inspection of .. . . . . service of notice by one party upon other time for-to other party

Production and inspection of documents in possession of a person not a party to an appeal-

application for . . . . . . costs for .. . .

courts order for ..

place for .. .. .. .. ..

time for service of notice of order for ..

Records of Court (search of) Referral to Court by Registrar Refusal or neglect to submit admissions Registrar-

E<djournment by consent duties of .. . . or Deputy Registrar

shall frame or settle forms ..

to issue ct:rtificate of Judgment or Orders

Registrar of Local Government Court (office of)

Registrar or Court to appoint date/s for hearing appeals at places other than Brisbane

Registrars (Deputy of Local Government Court) Registrar's office-public office hours

Registrars of District Courts

Registers-appeals, applications, deposits, fees, judgments, decisions, findings, orders

Registry officers-responsibilities and duties

Respondents to be served notice of appeal within certain times ..

Responsibilities and duties of person making affidavit Rules of Supreme Court . . . . . .

adopted for the Local Government Court relative to record and evidence ..

r. 30 (4) II

4 18 (6) 24 24 22

6 (iii) 26 (1),27 ..

25 (3), 25 (5), 25 (6), 25 (7), 25 (8)

32 33

18(1),18(2) 36 (2), 36 (3) 40

37 (3) 26, 27, 28 27 26 (l):i7 26 (2), 27 26 (2) 26 (2) 26 (2)

29 (I), 29 (2) 29 (6), 29 (7) 29 (3), 29 (4), 29 (5),

29 (6), 29 (7) 29 (4)

29 (2)

12 9 34 (I) 18 (5)

5, 5A, 6, 7, 8, 9, 10, I I 3

13 24 18 (2) 16

SA II 18 (2)

6 7,8, 10 16 21 23 39 37 (8)

Page

46 40 39 42 43 43 43 39 45 44

47 47 41

·48 50 49 45 45 45 45 4S 45 4S

4S 46 45,46 46 4S

40 39 47 42 39,40 38 40 43 41 41 39 40 41 39 39 41 42.43

43 50 49

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