Queensland Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


PLANNING (URBAN ENCROACHMENT - MILTON BREWERY) BILL 2008

         Queensland



Planning (Urban
Encroachment--Milton
Brewery) Bill 2008

 


 

 

Queensland Planning (Urban Encroachment--Milton Brewery) Bill 2008 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Main purpose of Act and its achievement. . . . . . . . . . . . . . . . . . . 4 Part 2 Interpretation 4 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 What is a relevant development application . . . . . . . . . . . . . . . . . 5 6 Words have meanings given by particular Acts . . . . . . . . . . . . . . 5 Part 3 Legal proceedings 7 Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8 Restrictions on particular legal proceedings . . . . . . . . . . . . . . . . 6 Part 4 Particular obligations 9 Record of relevant development application in appropriate register ....................................... 8 10 Additional consequence of failure to give notice asking for affected area notation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 11 Notifying prospective buyers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Part 5 Miscellaneous provisions 12 Publication of particular documents of registered operator . . . . . 11 13 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 14 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Part 6 Transitional provisions 15 Relevant development applications made before commencement ................................ 12 16 Transitional provision for s 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Schedule 1 Affected area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Schedule 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

 


 

 

2008 A Bill for An Act to protect the existing use of the Milton Brewery

 


 

Planning (Urban Encroachment--Milton Brewery) Bill 2008 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 1 Short title 3 This Act may be cited as the Planning (Urban 4 Encroachment--Milton Brewery) Act 2008. 5 2 Commencement 6 This Act, other than parts 7 and 8, commences on a day to be 7 fixed by proclamation. 8 3 Main purpose of Act and its achievement 9 (1) The main purpose of this Act is to protect the existing use of 10 the Milton Brewery from encroachment by, and the 11 intensification of, other development. 12 (2) The purpose is to be achieved mainly by restricting particular 13 civil proceedings and criminal proceedings relating to a local 14 law in connection with particular activities relating to the 15 Milton Brewery. 16 Part 2 Interpretation 17 4 Definitions 18 The dictionary in schedule 2 defines particular words used in 19 this Act. 20 Page 4

 


 

Planning (Urban Encroachment--Milton Brewery) Bill 2008 Part 2 Interpretation [s 5] 5 What is a relevant development application 1 (1) A relevant development application is a development 2 application for a material change of use of premises or 3 reconfiguring a lot, other than in relation to the following, in 4 the affected area-- 5 (a) a class 1a or class 1b building; 6 (b) a class 10 building or structure. 7 (2) In this section-- 8 affected area means the area called `Milton Rail Precinct', 9 shown on the map in schedule 1. 10 class, for a building or structure, means its particular 11 classification under the 2008 edition of the Building Code of 12 Australia published by the Australian Building Codes Board. 13 Editor's note-- 14 Building Code of Australia (2008 edition), part A3.2 (Classifications)-- 15 `Class 1a--a single dwelling being-- 16 (i) a detached house; or 17 (ii) one of a group of two or more attached dwellings, each being a 18 building, separated by a fire-resisting wall, including a row house, 19 terrace house, town house or villa unit; ...' 20 `Class 1b--a boarding house, guest house, hostel or the like-- 21 (i) with a total area of all floors not exceeding 300m2 measured over 22 the enclosed walls of the Class 1b; and 23 (ii) in which not more than 12 persons would ordinarily be resident, 24 ...' 25 `Class 10--a non-habitable building or structure-- 26 (a) Class 10a--a non-habitable building being a private garage, 27 carport, shed, or the like; or 28 (b) Class 10b--a structure being a fence, mast, antenna, retaining or 29 free-standing wall, swimming pool, or the like.' 30 6 Words have meanings given by particular Acts 31 (1) Words defined under the Environmental Protection Act 1994 32 and used in this Act have the same meanings as they have 33 under that Act. 34 Page 5

 


 

Planning (Urban Encroachment--Milton Brewery) Bill 2008 Part 3 Legal proceedings [s 7] (2) Words defined under the Integrated Planning Act 1997 and 1 used in this Act have the same meanings as they have under 2 that Act. 3 Part 3 Legal proceedings 4 7 Application of pt 3 5 (1) This part applies to the following development applications-- 6 (a) a relevant development application made after the 7 commencement; 8 (b) a relevant development application made before the 9 commencement for which a decision notice had not 10 been given to the applicant before the commencement; 11 (c) a relevant development application for premises for 12 which-- 13 (i) a development approval has been given for the 14 application before the commencement; and 15 (ii) a certificate of classification has not been given 16 before the commencement. 17 (2) In this section-- 18 certificate of classification see the Building Act 1975, 19 schedule 2. 20 commencement means the commencement of this section. 21 8 Restrictions on particular legal proceedings 22 (1) This section applies to a claim by an affected person that-- 23 (a) a relevant act at the Milton Brewery is, was or will be an 24 unreasonable interference, or likely interference, with an 25 environmental value; and 26 Page 6

 


 

Planning (Urban Encroachment--Milton Brewery) Bill 2008 Part 3 Legal proceedings [s 8] (b) the relevant act was, or was caused by, the emission of 1 light or noise or the release of contaminants into the 2 atmosphere. 3 (2) The affected person can not take a civil proceeding or a 4 criminal proceeding relating to a local law against any person 5 in relation to the claim if-- 6 (a) the following have been complied with for the relevant 7 act-- 8 (i) the development conditions of the brewery 9 development approval; 10 (ii) any code of environmental compliance applying to 11 the relevant act; and 12 (b) if the relevant act was, or caused, the emission of 13 light--the emission was no more than the intensity of 14 light emitted at any time before the commencement of 15 this section. 16 (3) Subsection (2) applies despite the Environmental Protection 17 Act 1994 or any other Act. 18 (4) This section does not apply if-- 19 (a) either-- 20 (i) the brewery development approval or brewery 21 registration certificate is amended (an amended 22 authority); or 23 (ii) a new development approval or registration 24 certificate is given authorising the carrying out of a 25 chapter 4 activity at the Milton Brewery (a new 26 authority); and 27 (b) the amended authority or new authority authorises 28 greater emissions of light or noise, or a greater release of 29 contaminants into the atmosphere, at the Milton 30 Brewery than is authorised under the brewery 31 development approval, or brewery registration 32 certificate, in force at the commencement of this section. 33 (5) In this section-- 34 Page 7

 


 

Planning (Urban Encroachment--Milton Brewery) Bill 2008 Part 4 Particular obligations [s 9] affected person-- 1 (a) means the owner, occupier or lessee of premises if the 2 premises is the subject of a relevant development 3 application for a material change of use of the premises 4 or reconfiguring a lot on which the premises is situated; 5 and 6 (b) includes the owner's successors in title. 7 relevant act means an act or omission of a person in carrying 8 out a chapter 4 activity under the brewery development 9 approval or brewery registration certificate. 10 Part 4 Particular obligations 11 9 Record of relevant development application in 12 appropriate register 13 (1) The applicant for a relevant development application must, 14 within 20 business days after making the application, give the 15 registrar notice, in the form approved by the registrar, asking 16 the registrar to keep a record that this Act applies to the 17 premises or lot the subject of the application (an affected area 18 notation). 19 Maximum penalty--200 penalty units. 20 (2) On receiving the notice, the registrar must keep a record so 21 that a search of the appropriate register will show the affected 22 area notation for the lot. 23 (3) If-- 24 (a) the relevant development application is refused, or 25 lapses or is withdrawn before the application is decided; 26 and 27 (b) the applicant has given the registrar a notice under 28 section (1); 29 Page 8

 


 

Planning (Urban Encroachment--Milton Brewery) Bill 2008 Part 4 Particular obligations [s 10] the applicant must give the registrar notice, in the form 1 approved by the registrar, asking the registrar to remove the 2 record of the affected area notation from the register. 3 Maximum penalty--20 penalty units. 4 (4) As soon as practicable after receiving the notice under 5 subsection (3), the registrar must remove the record of the 6 affected area notation from the register. 7 (5) The registrar may remove the affected area notation from the 8 register if the registrar is satisfied, on reasonable grounds, the 9 relevant development application has been refused, has lapsed 10 or was withdrawn before it was decided. 11 (6) No fee is payable to the registrar for keeping or removing, 12 under this section, a record of the affected area notation. 13 10 Additional consequence of failure to give notice asking 14 for affected area notation 15 (1) This section applies if-- 16 (a) the applicant for a relevant development application 17 enters into a contract with someone else (the buyer) for 18 the buyer to buy the premises or lot the subject of the 19 application, or part of the premises; and 20 (b) at the time of entering into the contract, an affected area 21 notation is not shown on the appropriate register 22 because the applicant has failed to comply with section 23 9(1). 24 (2) The buyer may end the contract at any time before the 25 contract is completed by giving the applicant or the 26 applicant's agent a signed, dated notice of ending of the 27 contract. 28 (3) The notice must state that the contract is ended under this 29 section. 30 (4) If the buyer ends the contract, the applicant must, within 14 31 days, refund to the buyer any deposit paid to the seller under 32 the contract. 33 Page 9

 


 

Planning (Urban Encroachment--Milton Brewery) Bill 2008 Part 4 Particular obligations [s 11] Maximum penalty--200 penalty units. 1 (5) This section applies despite anything to the contrary in the 2 contract. 3 11 Notifying prospective buyers 4 (1) This section applies if-- 5 (a) a relevant development application is made or has been 6 made before the commencement of this section; and 7 (b) the application is a current application; and 8 (c) anyone (the seller) offers the premises or lot the subject 9 of the application, or part of the premises, (the property) 10 for sale to someone else (a prospective buyer). 11 (2) Before the prospective buyer enters into a contract to buy the 12 property, the seller must give the prospective buyer a notice 13 (an affected area notice) of-- 14 (a) the restrictions under section 8 that may apply to the 15 prospective buyer if the prospective buyer buys the 16 property; and 17 (b) the keeping, under section 9(2), of a record of the 18 affected area notation for the property in the appropriate 19 register. 20 (3) If-- 21 (a) the seller fails to give the prospective buyer an affected 22 area notice for the property; and 23 (b) the prospective buyer enters into a contract with the 24 seller to buy the property; 25 the failure to notify gives the prospective buyer the right to 26 end the contract. 27 (4) The prospective buyer may end the contract at any time before 28 the contract is completed by giving the seller or the seller's 29 agent a signed, dated notice of ending of the contract. 30 (5) The notice must state that the contract is ended under this 31 section. 32 Page 10

 


 

Planning (Urban Encroachment--Milton Brewery) Bill 2008 Part 5 Miscellaneous provisions [s 12] (6) If the prospective buyer ends the contract, the seller must, 1 within 14 days, refund to the prospective buyer any deposit 2 paid to the seller under the contract. 3 Maximum penalty--200 penalty units. 4 (7) This section applies despite anything to the contrary in the 5 contract. 6 (8) To remove any doubt, it is declared that this section applies-- 7 (a) even if the offer for sale is made by someone other than 8 the applicant for the relevant development application; 9 and 10 (b) if the seller is not the applicant--whether or not the 11 seller received an affected area notice for the property; 12 and 13 (c) regardless of the number of times the property has been 14 sold since the making of the development application. 15 (9) In this section-- 16 current application means a relevant development application 17 that has not been refused, or has not lapsed or been withdrawn 18 before the application is decided. 19 Part 5 Miscellaneous provisions 20 12 Publication of particular documents of registered 21 operator 22 (1) The registered operator, named in the brewery registration 23 certificate, must publish on the registered operator's 24 website-- 25 (a) the brewery registration certificate; and 26 (b) the brewery development approval and the development 27 conditions of the approval. 28 Page 11

 


 

Planning (Urban Encroachment--Milton Brewery) Bill 2008 Part 6 Transitional provisions [s 13] Editor's note-- 1 At the commencement of this section, the registered operator's website 2 address is . 3 (2) A failure to comply with subsection (1) does not affect the 4 operation of section 8. 5 13 Regulation-making power 6 (1) The Governor in Council may make regulations under this 7 Act. 8 (2) A regulation may impose a penalty of no more than 20 penalty 9 units for contravention of a regulation. 10 14 Review of Act 11 (1) The Minister must, within 5 years after the date of assent of 12 this Act, carry out a review of the operation and effectiveness 13 of this Act. 14 (2) The Minister must, as soon as practicable after the review is 15 finished, cause a report on its outcome to be laid before the 16 Legislative Assembly. 17 Part 6 Transitional provisions 18 15 Relevant development applications made before 19 commencement 20 (1) Section 9(1) applies to a relevant development application 21 mentioned in section 7(1)(b) or (c) as if a reference to `20 22 business days after making the application' were replaced by 23 `20 business days after the commencement of this section'. 24 (2) Section 9(3) and (4) does not apply to a relevant development 25 application mentioned in section 7(1)(c). 26 Page 12

 


 

Planning (Urban Encroachment--Milton Brewery) Bill 2008 Part 6 Transitional provisions [s 16] 16 Transitional provision for s 11 1 (1) If a prospective buyer entered into a contract to which section 2 11 applies to buy a property before the commencement of this 3 section, section 11 does not apply to the contract. 4 (2) The prospective buyer does not have the right to end the 5 contract under that section only because the seller did not give 6 the prospective buyer an affected area notice before the 7 prospective buyer entered into the contract. 8 (3) The failure to give the prospective buyer an affected area 9 notice does not constitute a breach of the contract by the 10 seller. 11 Page 13

 


 

Page 14 Map Produced by DIP Spatial Services October 2008. Schedule 1 Milton Rail Precinct Cadastre: September 2008 GIVE N TE RRAC E COUN TESS STREET Legend CAX TON STR EET Schedule 1 EET MBE STR Rail Stations SE CO EE T HALE STR 6 Precinct Boundary Point Stations FER NBE ELIZABE Milton Precinct Frame Study Area RG TH STREET E CE AC ROA RRA RR D R TE TE IE Queensland Rail SSLE HEU PETR FIN 5 NASH STRE ET CHL BA A STREET RO ON UPPER ROM ROMA STRE A ET ET EY S Cadastre RO SK RE AD 7 EW ST TRE UL ST SA ET 3 RE ET 4 NO RT H QU AY BA PASS RO VER ON VE O A DRI WILLIA HE COR RO Milton Rail Station O N A TI ON AD 8 2 M JOLLY BRIDGE TO AD RW RO OO IG D HA ST RE ET PAR KR 9 E IV Affected area DR OAD N TIO NA RO Planning (Urban Encroachment--Milton Brewery) Bill 2008 AD CO RO N TO MIL 10 Precinct Boundary Points 11 Projected Coordinate System: GDA_1994_MGA_Zone_56 Point Easting Northing 1 500397.453436 6960997.764750 2 501115.949926 STREET 6961626.321260 EL 3 PE 501008.275437 6961844.097720 4 500884.670719 6961798.471420 5 500824.709156 6961963.517800 D 6 500854.660174 6962160.126380 1 ME OA ER RIV 7 500118.562894 6961882.796100 STREET GU AL TA ES ON 8 499820.183368 6961626.370680 TR M DARY EE T 9 499977.276271 6961436.739500 BOUN 0 60 120 240 360 480 ED 10 500009.089391 6961301.604200 MO ND Metres 11 500047.916852 6961289.309010 ST ON ES TR EE T CO RD EL E IA IV © 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. section 5(2) 2 1

 


 

Planning (Urban Encroachment--Milton Brewery) Bill 2008 Schedule 2 Schedule 2 Dictionary 1 section 4 2 affected area notation see section 9(1). 3 affected area notice see section 11(2). 4 appropriate register, for a lot or property, means the register 5 the registrar keeps under an Act, in which register the lot or 6 property is registered. 7 brewery development approval means the development 8 approval in force at the commencement of section 8 to carry 9 out the chapter 4 activities, stated in the approval, at the 10 Milton Brewery. 11 brewery registration certificate means the registration 12 certificate in force at the commencement of section 8 13 authorising the registered operator, named in the certificate, to 14 carry out the chapter 4 activities, stated in the certificate, at the 15 Milton Brewery. 16 Note-- 17 At the commencement of this definition-- 18 (a) the registered operator named in the brewery registration certificate 19 is Castlemaine Perkins Pty Limited; and 20 (b) the chapter 4 activities stated in the brewery registration certificate 21 are-- 22 (i) environmentally relevant activity 17 (Fuel Burning); and 23 (ii) environmentally relevant activity 29(b) (Beverage 24 Production). 25 Milton Brewery means the brewery situated on lot 35 on plan 26 SL805565. 27 Editor's note-- 28 The address for the Milton Brewery is 185 Milton Road, Milton. 29 notice means a notice in writing. 30 owner see the Environmental Protection Act 1994, schedule 3. 31 Page 15

 


 

Planning (Urban Encroachment--Milton Brewery) Bill 2008 Schedule 2 premises see the Integrated Planning Act 1997, schedule 10. 1 registrar means the registrar of titles under the Land Title Act 2 1994 or another person who, under an Act, is responsible for 3 keeping a register for dealings in land. 4 relevant development application see section 5(1). 5 © State of Queensland 2008 Page 16

 


 

AMENDMENTS TO BILL

Planning (Urban Encroachment--Milton Brewery) Bill 2008 Planning (Urban Encroachment--Milton Brewery) Bill 2008 Amendments agreed to during Consideration 1 Clause 2 (Commencement) Page 4, line 7, `, other than parts 7 and 8,'-- omit. 2 Clause 8 (Restrictions on particular legal proceedings) Page 7, lines 1 to 3-- omit, insert-- `(b) the relevant act was, or was caused by, the emission of aerosols, fumes, light, noise, odour, particles or smoke.'. © State of Queensland 2009

 


[Index] [Search] [Download] [Related Items] [Help]