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©State of Queensland
QUEENSLAND
CITY OF BRISBANE TOWN PLANNING ACT 1964-1975
with
RULES OF COURT
and an
INDEX
(Compiled to 1 January, 1976)
Prepared by direction of The Honourable R. J. HINZE. M.L.A.
Minister for Local Government and Main Roads
By Authority: S. R. HAMPSON, Government Printer, Queenslanct---=1982
TABLE OF CONTENTS
PAGE CITY OF BRISBANE TOWN PLANNING Acr 1964-1975 1
CITY OF BRISBANE TOWN PLANNING Acr AMENDMENT Acr 1969 37
LOCAL GOVERNMENT COURT RULES, 1966 38
INDEX 55
81595-2
CI1Y OF BRISBANE TOWN PLANNING ACT 1964-1975
City of Brisbane Town PI_dng Act of 1964, No. 60
Commenced 21 December 1965 (Proc. pubd. Gaz. 21 Decembec 1965, p. 1777)
Amended by
Local Government Acts and Another Act Amendment Ad of 1967, No. 43, Palt
m
Acquisition of Land Ad of 1967, No. 48, s. 3 (2) First SdI.
Commenced 23 March 1968 (Proc.- pubd. Gaz. 23 March 1968, p. 1206)
City of Brisbane Town Planning Act Amendment Act 1968, No. 47 City of Brisbane TowD Planning Act Amendment Act 1969, No. 27 (::ity of Brisbane Town Planning Act Amendment Act 1971, No. 79 District Courts Act Amendment Act 1972, No. 7
Metric Conversion Act 1972, No. 31, Part 0, First Sch.
Part II and First Schedule in relation to this Act commenced 1 September 1973 (Proc. pubd. Gaz. 1 September 1973, p. 74) Local Government Act aod Another Act Amendment Act 1973, No. 83 City of Brisbane Town Planning Act Amendment Act 1974, No. 39 Building Act 1975, No. 11
Commenced (Proc. pubd. )
City of Brisbane Town Planning Act Amendment Act 1975, No. 21
An Act relating to the Town PlanDing of the City of Brisbane
[Assented to 22 December 1964]
1. (1) Short title. This Act may be cited as The City of Brisbane Town Planning Act of 1964.
(2) Interpretation. This Act shall be read as one with The City of Brisbane Acts, 1924 to 1960.
(3) Commencement of Act. This Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette.
Commenced 21 December 1965; Proclamation, Gazette 21 December 1965, p. 1777.
Collective title conferred by Act of 1975, No. 21, s. 1 (3).
2. Repeal of 8 Eliz. 0, No. 18, 11 E1iz. II, No. 17, and s. 3 of 8 Eliz.
U, No. 70. (1) The City of Brisbane (Town Plan) Act of 1959, The City of Brisbane Town Plan (Extension of the Period for Inspection) Act of 1962, and section three of The City of Brisbane Acts and Another Act Amendment Act of 1959, (herein collectively referred to as "the repealed Acts") are hereby repealed:
2 s.3 CITY OF BRISBANE TOWN PLANNING ACT 1964-1975
Provided that, without prejudice to the provisions of The Acts Interpretation Acts, 1954 to 1962, any right of appeal accrued to any person under the repealed Acts may be exercised as if the repealed Acts were still in force and, in the case of every such appeal, the decision thereon, (whether made before or after the passing of The Local Government Acts and Another Act Amendment Act of 1967) shall have (and it is hereby declared always had on and from the making thereof) effect as if the appeal had been decided before the coming into operation of this Act.
(2) It is hereby declared that the right of appeal conferred by section thirteen of The City of Brisbane (Town Plan) Act of 1959, always included a right of appeal against any requirement or decision of The Greater Brisbane Town Planning Committee established under that Act and that, as respects such an appeal and any requirement, decision or other act of authority made or done by the Town Clerk or any other officer of the Council under any ordinance made pursuant to section twelve of that Act, the expression "delegate" where used in the said section thirteen includes and it is hereby declared always included the said Committee and the Town Clerk or such other officer.
The proviso to subsection (1) of this section shall apply with respect to any right of appeal referred to in this subsection, and the Minister may, pursuant to his powers under 'the said section thirteen, make a fresh appointment of a person or persons to hear and determine any such appeal in any case where the appeal remains to be determined at the date of the enactment of this subsection and the Minister deems the
appointment necessary.
(3) Where an appeal against refusal of approval or any condition of approval of an application to open a new road or subdivide any land is or has been, pursuant to the proviso to subsection (1) of this section, allowed the proposed allotments shown on the plan of survey made in accordance with the decision on the appeal shall be deemed, and it is hereby declared always were on and from the date of allowance of the appeal to be deemed, for the purpose of the Plan, to be allotments in existence on the day called in the Plan the appointed day.
( 4) The person hearing and determining any appeal under the repealed Acts may, and it is hereby declared always could, allow the appeal subject to such conditions as he deems or deemed fit, being conditions to which the Council or its delegate could lawfully subject or could have lawfully subjected the approval, consent, permission or other act of authority to which the appeal relates.
As amended by Act of 1967, No. 43, Part III, s. 9.
3. Definitions. In this Act unless the context otherwise indicates or requires, the following terms have the meanings set against them respectively, that is to say:-
"Allotment"-A piece, parcel or subdivision of land the boundaries of which are separately defined by metes and bounds on a plan of survey deposited in the Survey Office or, in the case of land under The Real Property Acts, 1861 to 1963, which has been subdivided, any and every subdivision of such land the boundaries of which are separately defined by metes and bounds on the relevant plan of such land registered with the Registrar of Titles under and in accordance with The Real Property Acts, 1861 to 1963;
CITY OF BRISBANE TOWN PLANNING ACT 1964-1975 s.3 3
"Amend"-In relation to the Plan amend, add to, alter or modify otherwise;
"Authorised surveyor"-A surveyor authorised by registration under The Land Surveyors Acts. 1908 to '1916;
"Building"-Any fixed structure which is either wholly or in part enclosed by walls and which is roofed: The term includes
any part of a building;
"Court"-The Local Government Court constituted under this Act;
"Delegate"-The board of the Council to which the exercise of any of the powers, duties, authorities or discretions of the Council under this Act or any ordinance made pursuant to this Act are delegated by any ordinance made pursuant to
this Act.
The term includes the Town Clerk or any other officer of the _Council as respects any decision, requisition or other act of authority made or done by him under any ordinance, under The City of Brisbane Acts. 1924 to 1966, whether or not the ordinance was or purported to be made pursuant to this Act;
"Erect"-Includes-
(a) erect or commence or continue to erect;
(b) do, or commence or continue to do any work in the course of or for the purpose of erecting;
( c) perform any structural work or make any alteration, addition or rebuilding;
(d) move from one position on an allotment to another position on or partly on the same allotment or another allotment;
( e) re-erect with or without alteration on or partly on the same or another allotment; or
(f) where a building or other structure is located on more than one allotment-
(i) move to another position on the same allotments or any of them or to another allotment or allotments; or
(ii) re-erect with or without alteration on another position on the same allotments or any of them or on another allotment or allotments;
"Member of the Court"-the person by whom the Court is constituted for the time being;
"Minister"-The Minister for Local Government and Conservation of Queensland or other Minister of the Crown for the time being charged with the administration of this Act;
"Owner"-The person other than Her Majesty who, for the time being, is entitled to receive the rent of any land, or who, if the same were let to a tenant at a rack rent, would be entitled to receive the rent thereof: The term includes any lessee from the Crown and any lessee from the Commissioner for Railways;
"Scheme map"-The maps respectively which are included in the series of maps which are comprised in the plan and which are authenticated and kept as prescribed by the Plan;
4 11.4 CITY OF BRISBANE TOWN PLANNING ACT 1964-1975
"Structure"-Any building, wall, fence or other structure or anything affixed to or projecting from any building, wall, fence or other structure: The term includes any part of a
structure;
"The Plan"-The Town Plan for the City of Brisbane in force for the time being under this Act;
"Use"-In relation to land, includes the carrying out of excavation work in or under land and the placing on land of any material or tliing which is not a building or other structure.
The term includes any use which is incidental to and necessarily associated with the lawful use of the land in question;
"Zone"-The divisions respectively into which the City is divided . by the Plan for the purposes of the Plan. A reference in this Act to a Zone by its name refers to the aforesaid division of the City which is designated by that name in the Plan.
As amended by Act of 1967, No. 43, Pt. III, s. 10; Act of 1971, No. 79,s. 2.
4. Town Plan for the City of Brisbane. (1) Notwithstanding the repeal of the repealed Acts the Plan under and within the meaning of The City of Brisbane (Town Plan) Act of 1959, as approved by the Governor in Council shall- subject to this Act, be and continue to be the Town Plan for the Cit~ of Brisbane and shall have the force of law and be binding upon and be obeyed by Brisbane City Council and all persons whomsoever accordingly until notification has been published in the Gazette that the Governor in Council has approved a new Town Plan in accordance with this section. On and after that notification the new Town Plan shall be the Town Plan for the City of Brisbane, until superseded in accordance with this Act by a further new Town Plan.
The notification that the Governor in Council has approved of the Plan to be published in the Gazette under subsection (3) of section nine of The City of Brisbane (Town Plan) Act of 1959, may be published in the Gazette on the date proclaimed as the date on which this Act is to come into force or on any earlier date.
(2) Subject to this Act, the Governor in Council may from time to time amend the Plan.
Upon the publication in the Gazette of notification of any such amendment the Plan as amended thereby shall, subject to this Act, become and be for the time being the Town Plan for the City of Brisbane and shall have the force of law and be binding upon and be obeyed by Brisbane City Council and all persons whomsoever accordingly.
(3) The Council shall proceed with the preparation of a new Town Plan for the City of Brisbane in accordance with this Act so as to enable the proposed new Plan to be placed on public exhibition, in accordance with this section on or before the last day of February 1974. After that date the Council shall prepare new Town Plans for the City of Brisbane at intervals such that not more than five years shall elapse between a public exhibition of a proposed new Town Plan pursuant to this section (whether before or after the said date) and the next following public exhibition of a proposed new Town Plan pursuant to this section.
CITY OF BRISBANE TOWN PLANNING ACT 1964-1975
(4) The Plan shall consist of the following:- (a) a Statement of Intent setting out:-
(i) the goals the Plan is intended to achieve;
s.4 5
(ii) the broad policies which will be implemented to achieve these goals;
(iii) the data which has been used in the formulation of the Plan including a summary of all surveys carried out and an
analysis of the survey data;
(iv) the standards adopted as a basis for determining the various provisions made in the Plan;
(v) the programme for implementing the Plan including an economic assessment of the provisions of the Plan;
(vi) the principal physical and economic characteristics of the Area of the City of Brisbane (including the principal purposes for which land is used) and, so far as they may be expected to affect that Area, of any neighbouring areas;
(vii) the size, composition and distribution of the population of the Area of the City of Brisbane (whether resident or otherwise) ;
(viii) without prejudice to· subparagraph (vi) above, the com- munications, transport system and traffic of the Area and, so far as they may be expected to affect the Area, of any neighbouring areas;
(ix) any other matters which are necessary for a clear under- standing of the Plan;
(x) any further matters which the Governor in Council requires to be included;
(b) the Order in Council approving the Plan together with the Schedules (if any) to the Order in Council;
(c) the Scheme Maps;
(d) the Planning Ordinances within the meaning of section 25 of this Act;
(e) Development Control Plans, Land Use Indices and other similar documents (if any) which are needed to implement the Plan; and
(f) any amendment of the Plan duly approved from time to time after the approval of the Plan.
(4A) In every Town Plan prepared pursuant to subsection (3)- (a) the broad policies required by subsection 4 (a) ell) to be
stated therein are not intended to include and shall not include any determination prescribed by this subsection; and (b) the Scheme Maps required by subsection (4) ( c) to be con-
tained therein shall include every determination prescribed by this subsection.
The determination referred to in provisions (a) and (b) is any policy determination made by the Councilor its delegate on town planning or land use, which determination cannot be adequately presented or interpreted save by means of reference to, delineation on or marking of a map.
6 s.4 CITY OF BRISBANE TOWN PLANNING ACT 1964-1975
(5) The Council shall place the proposed new Plan on public exhibition and, during the period specified in the advertisement referred to in subsection ( 6) of this section, keep the same open for public exhibition at the City Hall between the hours of 10 o'clock in the forenoon and 8 o'clock in the afternoon on all days on which the office of the Council at the City Hall is open for the conduct of public business. There snall be exhibited with the proposed new Plan such other maps and printed material as are necessary for a clear understanding of the proposed new Plan including but without limiting the generality hereof certified copies of the existing Plan and a set of documents and matters identifying the differences between the existing Plan and the proposed new Plan.
(6) On the first day on which the Council places the proposed new Plan on public exhibition, it shall, by advertisement published in at least one newspaper printed and circulating in the City give public notice-
(a) of its intention to seek approval of a new Town Plan;
(b) that the proposed new Plan is available for public inspection at the office of the Council at the City Hall during the period of 60 days from the date of the publication of the advertise- ment (the last day of the period being in this section called the "last day for the receipt of objections");
( c) that a copy of the proposed new Plan other than material exempted under subsection (8) of this section, if any, may be procured from the Council at all times during which the proposed new Plan is required to be open for public inspection upon payment of such sum as the Council may fix by resolu- tion but not· exceeding the cost of printing or otherwise reproducing the copy which sum shall· be specified in the advertisement;
( d) that objections to the proposed new Plan may be lodged with the Town Clerk during the period specified in the advertise- ment in that behalf.
(7) Any advertisement for the pur-poses of
tbJ.s
section shall be in a f rlL ,\oproved by the Minister which approval may be given in relation to .i parh,-. l~r case or may be given generally.(8) The LA ,.,cil shall prepare and have available for purchase by
.t1Y person copies 01 ... proposed new Plan (except such parts thereof as the Minister may, on t.b~ "I1}1"1!- ..• - -4' the Council, exempt from the provisions of this subsection) on the paymenL vI! the sum specified in the notice advertised in accordance with subsection _ 4) of this section.
(9) Any person shall, on application at any L lle before the expira- tion of the last day for receipt of objections so to u and subject to any reasonable precautions and supervision on the part ')f the Council to prevent undue damage to the exhibits, be permitted to ~produce or copy any of the material exhibited under this section whether 'y photography, tracing and colouring, copying of written material by ha.. iwriting or by tape recording, or purchase available material. The Coun, '1 may fix by resolution and charge a reasonable fee, not exceeding the ost of pro- viding the same, for any service rendered or provided purs. ,nt to this subsection.
(10) Any person may at any time before the expiratio. of the last day for the receipt of objections, request the Council to furn. h him with a copy of the proposed new Plan, other than material exempted under -subsection (8) of this section, if any, on payment of the sum specified in
CITY OF BRISBANE TOWN PLANNING ACT 1964-1975 s.4 7
the notice advertised in accordance with this section, and the Council shall cause the copy of the proposed new Plan so requested by any person to be sent by post to that person forthwith upon receipt of the request by the Council except where the request is made personally by or on behalf of the person so requesting and a copy of the proposed new Plan has been, then and there, -delivered to that person or to the person making the request on his behalf, as the case may be.
( 11) Every objection shall be in writing, shall be addressed to the Town Clerk, and shall state the grounds of objection and the facts and circumstances relied on by the objector in support of those grounds.
(12) Brisbane City Council shall forthwith consider any and every objection made as prescribed by subsection (11) of this section and lodged with the Town Clerk on or before the last day for the receipt of objections.
( 13) Brisbane City Council shall within ninety days after the last day for the receipt of objections or, if the Minister who is hereby thereunto authorized allows a longer period, the period allowed by the Minister submit through the Minister to the Governor in Council for his approval the proposed new Plan together with-
(a) a copy of each advertisement published in accordance with subsection (6) of this section with the name of the newspaper in which the advertisement was published and the date on which the advertisement was published endorsed thereon;
(b) all objections made and lodged as prescribed on or before the last day for the receipt of objections;
(c) the representations by Brisbane City Council in respect of all objections made and lodged as prescribed.
(14) Before the Council submits the proposed new Plan to the Governor in Council the Town Clerk shall notify every person who has duly lodged an objection to the proposed new Plan the purport of the representations which the Council proposes to make to the Governor in Council in respect of his objection and of his right to make further representations in the matter to the Minister.
( 15) Any person who has duly lodged an objection to the proposed new Plan who is dissatisfied with the representations which the Council proposes to make thereon may make further representations to the Minister in writing and shall set out therein the grounds thereof and the facts and circumstances relied on by the objector in support of those grounds. Such representations shall be made within thirty days after the giving by the Council of the notification pursuant to subsection (14) of this section.
(16) The Minister may, if he deems the circumstances so warrant, refer any aspects of the proposed new Plan to some competent person appointed by him in that behalf to inquire into the matter and make such report as having regard to the circumstances of the case and the public interest, he deems proper. A person appointed under this subsection shall fer the purposes of the inquiry have and may exercise all the powers, authorities, protection and jurisdiction of a commission under The Com- missions of Inquiry Acts 1950 to 1954 but the Minister shall not be bound by any such report.
( 17) An inquiry to which subsection ( 16) of this section refers may be heard in public and all the matters into which a person is appointed to inquire may be dealt with together.
8 &4 .cITY OF BRISBANE TOWN PLANNING ACf 1964-1975
(18) The Minister shall consider all matters submitted to him by way of further representations pursuant to subsection (15) of this section and shall report thereon and on any inquiry under subsection ( 16) of this section to the Governor in Council.
( 19 ) The Governor in Council shall consider the proposed new Plan and all objections and representations in respect of the proposed new Plan and all further representations to the Minister under subsection (15.) of this section and the Minister's report thereon and on any inquiry under subsection (16) of this section and may reject the pro~sed new Plan, or may approve of the proposed new Plan wholly or in part.
(20) The power of the Governor in Council to approve the proposed new Plan in part includes power to make all such alterations of the pro- posed new Plan as the Governor in Council, having regard to the proposed new Plan, the objections and representations which accompanied the sllbmission for approval, the further representations which were made to the Minister and the Minister's report under subsection (18) of this section, deems fit.
(21) Where the Governor in Council approves of or rejects the pro- posed new Plan, a notification of the approval or rejection shall be published in the Gazette. Such notification of approval shall . describe so as to identify the new Plan thereby notified.
(22) Upon the publication of a notification of approval pursuant to subsection (21) of this section the new Plan shall become and be the Town Plan for the City of Brisbane and shall have the force of law and be binding upon and obeyed by Brisbane City Council and all persons whomsoever accordingly. '
(23) Where any application made or appeal instituted under the Plan or under this Act is still pending at the time when a new Plan is approved under this Act, the application or appeal shall be dealt with and determined in all respects as though the superseded Plan had not been superseded by the new Plan and had remained of force and effect and' a person whose application has been granted or appeal allowed under this subsection shall have the same rights conferred thereby as he would have had if the application had been granted or the appeal allowed and he had commenced to exercise those rights before the coming into operation of the new Town Plan provided that such rights are exercised or substantially commenced to be exercised within a period of one year from the granting of the application or the determination of the appeal.
(24) The Council may comply with the requirements of this section in relation to the preparation of a new Town Plan -and the submission of the proposed new Town Plan to the Governor in Council for his approval by preparing a wholly new Town Plan or by preparing a Town Plan incorporating in a consolidated form the existing Plan and all amendments thereto (whether by way of addition, alteration, substitution or omission) made and approved under this Act and all further amendments that the Council upon a review of the Plan for the purposes of preparing the new Town Plan deems desirable or appropriate but nevertheless the Town Plan shall include all of the matters set out in subsection (4) of
this section.
(25) The Governor in Council may, by Order in Council, extend and further extend the time for doing any act or thing under or pursuant to this section.
As amended by Act of 1971. No. 79, s. 3; Act of 1974, No. 39, s. 2.
CITY OF BRISBANE TOWN PLANNING ACf 1964-1975 55. S. 6 9 5. Brisbane City Council to administer the Plan. ( 1) Brisbane City Council is hereby charged with the administration, implementation and enforcement of the Plan.
(2) (Repealed. )
As amended by
..
Act of 1971, No. 79, s. 4 .6. Brisbane City Council may propose amendments of. the Plan. (1 ) Brisbane City Council may at any time and from time to time make application to the Minister for amendment of the Plan.
When the Councilor its delegate makes a policy determination on town planning or land use, which determination cannot be adequately presented or interpreted save by means of reference to, delineation on or marking of a map the Council shall, within 30 days after the date of such making, take action prescribed by this section to be taken with a view to amendment of the Plan and thereafter, unless it abandons such policy determination, shall apply to the Minister for amendment of the Plan in accordance with this subsection.
(2) Before making any such application the Council shall, by advertisement published at least once in at least one newspaper printed and circulating in the City, give public notice-
(a) of its intention to make the application;
(b) that particulars, including relevant maps, if any, of the amendments of the Plan for which the Council proposes to apply are open to inspection by any person at the office of the Council at the City Hall on or before the date specified in the advertisement which date shall be a date not less than 30 days after the date of the publication of the advertisement or where the advertisement is published more than once on different dates, not less than 30 days after the date of the first publication of the advertisement and in this section the date so specified is called "the last day for the receipt of objections";
( c ) that a copy of such particulars, other than the relevant maps, if any, may be procured from the Council on Of' before a date specified in the advertisement in that behalf being the date of the last day for the receipt of objections upon payment of such sum as the Council may fix by resolution but not exceeding the cost of printing or otherWise reproducing the copy, which sum shall be specified in the advertisement; and (d) that objections to such proposals may be lodged with the Town Clerk on or before a date specified in the advertisement in that behalf being the date of the last day for the receipt of objections.
(2A) Before making any such application to exclude land from any zone and to include the land so excluded in another zone-
(a) the Council or its delegate shall serve on the owner of the land to which the application will relate or apply and the owner of any land abutting on such land, where such owner is other than the Council, notice of its intention to make the application, which notice-
(i) shall state such particulars of the application as are pre- scribed by subsection (2) and by this subsection to be contained in an advertisement published in accordance with that subsection and this subsection in respect of the appli- cation to be made;
10 s.6 CITY OF BRISBANE TOWN PLANNING ACT 1964-1975 (il) shall be given at the same time as or within seven days
before such advertisement is published; and
(iii) shall be sufficiently served on any such owner if it is sent by post addressed to him at his address as shown in the records of the Council relating to the levying of rates;
(b) the Council shall include in the advertisement published in accordance with subsection (2) the following particulars:- (i) the postal address and real property description of the land
to which the application will relate or apply;
(il) the area of the land;
(iii) the zone from which the land is proposed to be excluded;
(iv) the zone in which the land is proposed to be inC'luded; and (v) the use desired to be made of the land following rezoning;
(c) the Council shall cause a notice that complies with this sub- section to be posted in accordance with this subsection on the land to which the application will relate or apply.
The notice required by subparagraph (c) to be posted shall contain a copy of the advertisement whereby public notice is given of the particulars specified in subparagraph (b) and shaH be not less than 600 millimetres in height and not less than 0·56 square metres in area. All lettering thereof shall be not less than 25 mi11imetres in height. Such notice shall be posted not more than 1· 5 metres from the road alignment of the land and so as to be clearly visible from the road and shall be kept so posted at all times during the period of 30 days next preceding the date specified in the advertisement as the date on or before which objections may be lodged with the Town Clerk.
(2B) The Council shall, at all times during which its office at the City Hall is open for the conduct of public business, keep open to inspection as advertised under this subsection, particulars, including relevant maps, if any, of any amendments of the Plan for which it proposes to apply.
Any person may at any time before the expiration of the last day for the receipt of objections, request the Council to furnish him with a copy of the particulars of the amendments of the Plan for which the Council proposes to apply, other than the relevant maps, if any, on payment of the sum specified in the notice advertised in accordance with this subsection, and the Council shall cause the copy of such particulars so requested by any person to be sent by post to that person forthwith upon receipt of the request by the Council except where the request is made personally by or on behalf of the person so requesting and a copy of such particulars has been, then and there, delivered to that person or to the person making the request on his behalf, as the case may be.
(3) Every objection shall be in writing, shall be addressed to the Town Clerk, and shall state the grounds of objection and the facts and circumstances relied on by the objector in support of those grounds.
( 4) Brisbane City Council shall forthwith consider any and every objection made as prescribed by subsection (3) of this section and lodged with the Town Clerk on or before the last day for the receipt of objections.
(5) Any application by Brisbane City Council to the Minister for amendment of the Plan shall be made to the Minister within forty days or, if the Minister who is hereby thereunto authorised allows a longer period, the period allowed by the Minister after the last day for the receipt of objections.
CITY OF BRISBANE TOWN PLANNING ACf 1964-1975 s.6 11
The application shall be accompanied by-
(a) a statement of the grounds on which the application is made and of the facts and circumstances relied on by the Council in support of those grounds; ,
(aa) a copy of each advertisement published in accordance with subsection (2) of this section and, where the case requires it, in accordance with subsection (2A) with the name of the newspaper in which the advertisement was published and the date on which the advertisement was published endorsed thereon;
(b) all objections made and lodged as prescribed on or before the last day for the receipt of objections;
( c) the representations by Brisbane City Council in respect of all objections made and lodged as prescribed;
(d) particulars including relevant maps, if any, of the amendment.
( 6) The Governor in Council shall consider every application made to the Minister under this section and all objections and representations accompanying such application and may reject the application, or may approve of the application wholly or in part.
The power of the Governor in Council to approve an application in part includes power to make all such amendments of the Plan as the Governor in Council, having regard to the application and to the objections and representations which accompanied the application, deems fit.
(7) Where the Governor in Council approves of any amendment of the Plan applied for by the Council a notification of such amendment shall be published in the Gazette.
Such a notification shall describe so as to identify every amendment of the Plan thereby notified.
Upon the publication of such notification the Plan as amended for the time being according to the notification shall become and be the Town Plan for the City of Brisbane and shall have the force of law and be binding upon and obeyed by Brisbane City Council and all persons whomsoever accordingly.
(8) This section does not apply in respect of amendments proposed in the course of preparation of a new Town Plan for the City of Brisbane pursuant to section 4 of this Act and in respect whereof the procedures prescribed by that section have been followed in compliance with that section.
(9) (i) Subsections (2), (2A), (2B), (3), (4) and (5) shall not apply to an application to exclude land from any zone and to include the land so excluded in another zone, where such application is made--
(a) in respect of an application to the Council for such rezoning, and such application has been duly dealt with pursuant to section 22, and either no objections were received or no appeal was duly initiated pursuant to that section within the prescribed time; or
(b) as a result of and in accordance with a decision of the Local Government Court in an appeal brought pursuant to section
9 or 22.
12 s.7 CITY OF BRISBANE TOWN PLANNING ACT 1964-1975 (ii) In the case of an application to which, pursuant to this sub- section, subsection (5) does not apply, such application to the Minister for amendment of the Plan shall be made to the Minister within forty days or, if the Minister (who is hereby thereunto authorised) allows a longer period, within the period allowed by the Minister, after the day upon which the Council shall have made a decision pursuant to section 22 (13) or after the date of the decision of the Local Government Court as referred to in paragraph (i) (b) of this subsection whichever time is the later to expire.
The application shall be accompanied by-
(a) a statement of the grounds on which the application is made and of the facts and circumstances relied on by the Council in support of those grounds;
(b) all objections which may have been made and lodged as prescribed pursuant to section 22, and the Council's repre- sentations thereon;
(c) details of the relevant decision of the Local Government Court, and the date of such decision, in any case referred
to in paragraph (i) (b) of this subsection;
(d) particulars, including relevant maps, of the rezoning; and (e) a copy of each advertisement published in accordance with
. section 22, at the time the proposed rezoning was dealt with pursuant to that section.
(iii) Th~ application when received by the Minister shall be dealt with as prescribed by subsections (6) and (7). The Governor in Council, in his consideration of the application pursuant to subsection (6) shall have regard, where applicable, to the decision of the Local Govern- ment Court, and the grounds ·thereof but shall not be bound thereby.
(10) Upon application by the Council in respect of any proposed amendment of the Plan the Minister may, by writing under his hand, exempt the Council from compliance with such of the provisions of this section as the Minister, having regard to the nature and extent of the amendment, deems proper.
( 11) Where, prior to the commencement of the City of Brisbane Town Planning Act Amendment Act 1971, the Council had commenced to undertake and apply for an amendment of the Plan, and provisions of section 6 of the City of Brisbane Town Planning Act 1964-1969 shall, notwithstanding the amendment thereof, apply in relation to the amend- ment and to any objections and appeal arising therefrom as if those provisions had remained in force and action in respect of the amendment shall proceed accordingly.
As amended by Act of 1969, No. 27, s. 2; Act of 1971, No. 79, s. 5; Act of 1974, No. 39, s. 3; Act of 1975, No. 21, s. 2.
7. Amendments, etc., of the Plan on recommendation of Minister.
(1) The Governor in Council on the recommendation of the Minister may at any time and from time to time amend the Plan.
(2) Before making any such recommendation the Minister shall, by advertisement published at least once in at least one newspaper printed and circulating in the City, give public notice-
(a) of his intention to make the recommendation;
CITY OF BRISBANE TOWN PLANNING ACf 1964-1975 s.7 13 (b) that particulars, including relevant maps, if any, of the amend- ments of the Plan which he proposes to recommend are opeU to inspection by any person at the Department of Local Government on or before the date specified in the
advertisement which date--
(i) shall be a date not less than thirty days after the date of the p'ublication of the advertisement or where the advertisement is published more than once on different dates, not less than thirty days after the date of the first publication of the advertisement;
(li) in this section is called "the last day for the receipt of objections" .
(c) that a copy of such particulars, other than the relevant maps, if any, may be procured from the Director of Local Govern- ment on or before a date specified in the advertisement in that behalf being the date of the last day for the receipt of objections upon payment of such sum as he may fix not exceeding the cost of printing or otherwise reproducing the copy, which sum shall be specified in the notice; and
(d) that objections to such recommendation may be lodged in the Department of Local Government on or before a date specified in the advertisement in that behalf being the date of the last day for the receipt of objections.
(2A) Before making any such recommendation to exclude land from any zone and to include the land so excluded in another zone-
(a) the Minister shall cause to be served on the owner of ' the land to which the recommendation will relate or apply, and on the owner of any land abutting on such land, notice of his inten- tion to make the recommendation, which notice--
(i) shall state such particulars of the recommendation as are prescribed by subsection (2) and by this subsection to be contained in an advertisement published in accordance with that subsection and this subsection in respect of the recom- mendation to be made;
(ii) shall be given at the same time as or within seven days before such advertisement is published; and
(iii) shall be sufficiently served on any such owner if it is sent by post address~d to him at his address as shown in the records of the Council relating to the levying of rates or as last known to the Minister;
(b) the Minister shaH include in the advertisement published in accordance with subsection (2) the following particulars:- (i) the postal address and real property description of the land
to which the recommendation will relate or apply;
(ii) the area of the land;
(iii) the zone from which the land is proposed to be excluded;
(iv) the zone in which the land is proposed to be included; and (v) the use desired to be made of the land following rezoning;
(c) the Minister shall cause a notice that complies with this subsection to be posted in accordance with this subsection on the land to which the recommendation will relate or apply.
14 5.7 CITY OF BRISBANE TOWN PLANNING ACT 1964-1975
The notice required by subparagraph (c) to be posted shall contain a copy of the advertisement whereby public notice is given of the particulars specified in subparagraph (b) and shall be not less than 600 millimetres in height and not less than O· 56 square metres in area. All
lett~ing thereof shaH be not less than 25 mjJJirnetres in height. Such notice shall be posted not more than 1· 5 metres from the road alignment of the land and so as to be clearly visible from the road and shall be kept so posted at all times during the period of 30 days next preceding the date specified in the advertisement as the date on or before which objections may be lodged in the Department of Local Government.
(2B) The Director of Local Government shall, at all times during which his office is open for the conduct of public business, keep open to inspection as advertised under this subsection, particulars, including relevant maps, if any, of any amendments of the Plan which the Minister proposes to recommend.
Any person may at any time before the expiration of the last day for the receipt of objections, request the Director of Local Government to furnish him with a copy of the particulars of the amendments of the Plan which the Minister proposes to recommend, other than the relevant maps, if any, on payment of the sum specified in the notice advertised in accordance with this subsection, and the Director of Local Government shall cause the copy of such particulars so requested by any person to be . sent by post to that person forthwith upon receipt of the request by him except where the request is made personally by or on behalf of the person so requesting and a copy of such particulars has been, then and there, delivered to that person or, as the case may be, to the person making the request on his behalf.
(3) Every objection shall be in writing, shall be addressed to the Director of Local Government, and shall state the grounds of objection and the facts and circumstances relied on by the objector in support of those grounds.
In making th-e recommendation to the Governor in Council the Minister shall have regard to every objection made as prescribed by this subsection and lodged in the Department of Local Government on or before the last day for the receipt of objections.
( 4) A notification of any amendment of the Plan made by the Governor in Council upon the recommendation of the Minister shall be published in the Gazette.
Such a notification shall describe so as to identify every amendment of the Plan thereby notified.
Upon the publication of such notification the Plan as amended, for the time being according to the notification shall become and be the Town Plan for the City of Brisbane and shall have the force of law and be binding upon and obeyed by Brisbane City Council and all persons whomsoever accordingly.
(5) All costs incurred by the Minister in respect to any amendments of the Plan made under this section shall be borne by Brisbane City Council and for the purpose of the recovery of any unpaid amount thereof by the Treasu~er from Brisbane C~ty Counc!l shall ~e deeme~ to have been incurred In respect of a functIon of Bnsbane CIty CounCIl.
As amended by Act of 1969, No. 27, s. 3; Act of 1974, No. 39, s. 4; Act of
,n"7<: lI.T ... ." ~ ':I
CITY OF BRISBANE TOWN PLANNING ACf 1964-1975 8.8 15
8. Application for rezoDing of land. ( 1) Application may be made to the Council to exclude land from any zone and to include the land so excluded in another zone.
(2) The application shall be- (a) in writing;
(b) signed by the applicant or applicants or, in the case of a partnership, by· one of the partners thereof or, in the case of a company or an unincorporated association, by an authorised officer thereof;
( c ) accompanied by the consent, in writing, of the registered proprietor or registered lessee from the Crown if made by a person who is not the registered proprietor or the registered lessee from the Crown;
(d) addressed to the Town Clerk and truly set forth the following particulars-
(i) the full description of th~ land, together with the postal address thereof;
(ll) the name of the registered proprietor in the case of free- hold land or the name of the registered lessee in the case of land held from· the Crown for a leasehold estate;
(iii) the name of the occupier;
(iv) the use desired to be made of the land;
(v) the use being made of the land (including any building or other structure thereon) at the date of application;
(vi) a description of the buildings or other structures erected on the land and the use being made thereof at the date of
application;
(vii) the height and number of storeys of proposed buildings;
(viii) a site plan and layout and, when requested by the Town Clerk, an elevation of any buildings or other structures proposed to be erected on the land;
(ix) the number of persons engaged and proposed to be engaged in the particular use;
(x) the total connected load of any mechanical power pa:posed to be employed in the particular use; and
(xi) such other information relative to the application
as
may be requested by the Town Clerk.(3) Every application made pursuant to this section shall, if it complies with this section be referred by the Town Clerk to the Council or its delegate who shall make an appropriate recommendation to the Council and the Council shall decide the application.
(4) Upon an application referred to the Council pursuant to sub- section (3) of this section, the Council may-
(a) approve the application;
(b) refuse to approve the application; or
( c) approve the application subject to reasonable and relevant conditions.
81595-3
16 SSe 9,10 CITY OF BRISBANE TOWN PLANNING ACT 1964-1975 (5) In giving consideration to ,an application made under this section the Council shall, amongst other things, take notice whether the proposal, if permitted, or buildings erected in conformity with the proposal, or both the proposal, if permitted and the buildings so erected-
(a) would create a traffic problem or increase an existing traffic problem;
(b) would detrimentally affect the amenity of the neighbourhood;
(c) would create a need for increased facilities such as schools, shops, or other normal service provisions;
(d) would affect the balance df zones in the city as a whole, or that sector of the city within which the land is situated;
(e) would be in accord with, or conflict with, the general planning intentions of the Plan as set out in the Statement of Intent prepared pursuant to subsection (4) of section 4 of this Act.
Substituted by Act of 1971, No. 79, s. 6.
9. Appeal to Court by applicant for re-zoning of land. ( 1) An applicant to the Council to exclude land from any Zone and to include the land so excluded in another Zone may appeal to the Court against the decision of the Council refusing such' application or, where the Council approves the application subject to any condition, against that condition.
(2) If the Court allows the appeal, it shall order the Council to make application to the Minister for such amendment of the Plan as would, if made, effect the application.
Such application shall be made in accordance with the provisions of this Act relating to amendment of the Plan which are applicable in the circumstances of the case and the Council shall, within the time specified in the order of the Court, commence to take and do the steps and things prescribed by this Act to be done and taken by it in respect of such application.
(3) The Court may allow an appeal (whether against a refusal or a condition of approval) unconditionally or subject to such conditions as the Court deems fit, being conditions to which the Council could lawfully subject its approval of the application in question or which are agreed upon between the Council and the appellant.
For the purpose of giving effect to this section the Court may make such order or orders as it deems fit.
As amended by Act of 1967, No. 43, Part III, s. 11.
10. Subdivision of land in Non-Urban Zone or Future Urban Zone.
Brisbane City Council or its delegate shall not approve of any application to subdivide land in a Non-Urban Zone or in a Future Urban Zone, unless and until Brisbane City Council or its delegate is satisfied-
(a) that the object of subdividing is to enable the development and use of the land bona fide for a purpose for which land in the Zone in question may be used; and
(b) that the subdivision if approved will not enable the land to be developed and used for any purpose other than a purpose for which land in the Zone in question may be used.
CITY OF BRISBANE TOWN PLANNING Acr 1964-1975 ss. 11·13 17
11. Town Plan to be open for inspection. Brisbane City Councll shall keep open for inspection at its office at all times during which its office is open for the transaction of public business, a copy of the Plan as in force for the time being.
The Council shall keep on exhibition with the' Plan a statement or statements of current Council policies affecting the Plan or any part of the Plan. There sball be shown in the statement in respect of each policy the date of its adoption and whether it was adopted by the full Council or a delegate. Copies of such statement or statements shall be available for sale to the public upon payment of such sum as the Council may fix by resolution but not exceeding the cost of printing or otherwise reproducing the copy.
In any proceedings under this Act wherein proof of Council policy is relevant, the policies as set out in the statement or statements thereof on exhibition with the Plan at the relevant time shall be deemed to be the whole of the Council policy.
In this section t~e expression "current Council policies" does not include any policy determination made by the Council or its delegate on town planning or land use, which determination cannot be adequately presented or interpreted save by means of reference to, delineation on or marking of a map 'and which is duly incorporated in the Plan in accord- ance with section 4 (4A) or 6 (1).
As amended by Act of 1971, No. 79, So 7; Act of 1974, No. 39, s. 5 . .
12. Town pJanning certificate. The Council shall, within seven days of the receipt by it of an application in that behalf accompanied by the amount of the fee, if any, fixed by or pursuant to ordinance, give to any person a certificate, called a town planning certificate, setting forth in respect of the land specified in the application:-
(a) the zone or zones in which such land is situated;
(b) the provisions, if any, of the Plan relating to proposed roads and proposed road widenings which affect such land or any building or structure thereon;
( c) particulars of all consents, permissions and approvals granted by the Council or its delegate relevant to such land.
Every such certificate shall be signed by the Town Clerk or by some officer of the Council thereunto authorised by ordinance.
A town planning certificate shall be admissible in evidence in any proceedings wherein proof of any of the matters certified to therein is relevant and shall be proof of such matters and, in the absence of evidence in rebuttal, shall be conclusive such proof.
Where the application for a certificate under this section so specifies, the certificate may be limited to the matters set out in subparagraphs
(a) and (b) of the first paragraph of this section.
As amended by Act of 1971, No. 79. s. 8.
13. Claims fOl' compensation. ( 1) Subject to this Act any person- (a) who has an estate or interest in land in the City of Brisbane
and such estate or interest is injuriously affected-
(i) by the coming into operation of any provision contained in the Plan; or
(ii) by any prohibition or restriction imposed by or under the Plan; or
18 8.14 CITY OF BRISBANE TOWN PLANNING ACT 1964-1975
(b) who has incurred expenditure pursuant to a town planning certificate given to him by the Council pursuant to this Act which expenditure is rendered abortive in whole or in part by reason of any error, omission or inaccuracy in $uch certificate, shall, if he makes a claim therefor within the time prescribed, be entitled to obtain from the Council compensation in respect of such injurious
affection or expenditure. .
(2) Subject to subsection (3) of this section, where under the Plan any land is included in a Special Uses "A" Zone, or a Special Uses "B"
Railways Zone, or a Pi"oposed Open Space Zone, or an Existing Open Space Zone or is affected by a proposed road (including a road widening), no claim. for compensation shall arise against the Council for injurious affection to that land due to prohibition or restriction of the use thereof because of such inclusion or proposed road until-
(a) the land is first sold after the Plan comes into force; or (b) the owner, having offered the land for sale in good faith and
having taken reasonable steps to obtain a fair and reasonable price for the land, has been unable to sell the land; or (c) the Council or its delegate refuses an application made under
the Plan for permission to use the land or erect a building or other structure thereon for a purpose which is permissible under the Plan.
(3) Before compensation is awarded in a case to which paragraphs (a) or (c) of subsection (2) of this section applies-
(a) Where the land is sold, the Court shall be satisfied-
(i) that the owner of the land has sold the land at a lesser price than he might reasonably have expa..,cted to receive had there been no such prohibition or restriction as aforesaid; and (ll) that the owner sold the land in good faith and took reason-
able steps to obtain a fair and reasonable price for the land; or
(b) Where the Council refuses any application as aforesaid, the Court shall be satisfied that the application was made in good faith.
As amended by Act of 1967, No. 43, Part III, s. 12.
14. Compensation not payable in certain cases. ( 1) Compensation shall not be payable in the following cases:-
(a) in respect of any building or other structure erected or work done upon, or contract made, or other act or thing done in respect of land in the City after the third day of December, one thousand nine hundred and fifty-five, unless, where required by law, the erection of such building or other structure, or the doing of such work or the making of such contract, or the doing of such other act or thing was permitted by the Council or its delegate;
(b) where an estate or interest in land is injuriously affected by reason of any provision contained in the Plan, if and in so far as the same provision or a provision substantially of the same effect was, at the date when the provision included in the Plan came into operation, already in force by virtue of some Act or ordinance of the Council;
CITY OF BRISBANE TOWN PLANNING ACT 1964-1975 s.lS 19
( c ) where an estate or interest in land is affected by any provision of the Plan or an ordinance of the Council which prescribes the space about buildings or other structures or limits the size of allotments or the number of buildings. or other structures to be erected or prescribes the height, floor space, design, external appearance or character of buildings or other struc- tures, but nothing contained in this paragraph shall limit the Council's liability to pay compensation in respect of the acquisition by it of land pursuant to its power under sub- section (9) of section thirty-five of The Local Government Acts, 1936 to 1964;
(d) where an estate or interest in land is affected by any provision of the Plan which prohibits or restricts the use of land or the erection or use of a building or other structure thereon for a particular purpose, unless the applicant establishes that he had a legal right immediately before the provision in question of the Plan came into force to use the land or erect or use a building or other structure thereon for the particular purpose which is prohibited or restricted as aforesaid.
This paragraph (d) shall not apply in relation to sub- sections (2) or (3) of ·section thirteen of this Act;
(e) in respect of anything done in contravention of the Plan;
(f) in respect of anything done in contravention of any ordinance made pursuant to section twelve of The City of Brisbane (Town Plan) Act of 1959, or of any decision or of any permission or approval given under such an ordinance, or in contravention of any building approval granted by the Council or its delegate, or, as the case may be, in contravention of any decision in an appeal under section thirteen of the said Act;
(g) (repealed);
(h) in respect of any affection of any estate or interest in land by- or pursuant.to the provisions of section ten of this Act.
(2) The onus of proving that compensation is not payable in any case by virtue of any of the provisions of subsection (1) of this section shall be upon the Council.
As amended by Act of 1967. No. 43. Part III. s. 13.
15. Claims for compensation for injurious affection. (1) Every claim for compensation under this Act shall be made on the form prescribed by the Council by ordinance and the person making the claim shall fully complete and sign the same and lodge it with the Council, and the Council shall not be obliged to consider the claim until all information reasonably required by the form to be supplied has been supplied by the claimant.
(2) A claim shall be deemed to have been made on the date on which it is received by the Council.
(3) The time within which a claim under this Act may be made shall be three years after the date on which the claim arose.
( 4) If within forty days after the receipt by the Council of a duly completed claim for compensation under this Act the Council has not made a decision on the claim, or having made a decision thereon has not communicated its decision to the claimant, or if the Council having
