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Queensland
SOUTH BANK CORPORATION
AND OTHER ACTS
AMENDMENT BILL 2003
Queensland
SOUTH BANK CORPORATION AND
OTHER ACTS AMENDMENT BILL 2003
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 2--AMENDMENT OF SOUTH BANK CORPORATION ACT
1989
3 Act amended in pt 2 and sch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5 Insertion of new s 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
2 Notes in text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
7 Insertion of new s 4AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4AA Meaning of "assessable development" . . . . . . . . . . . . . . . . . . . . . . . 12
8 Amendment of pt 2 hdg. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
9 Insertion of new s 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
6A Corporation board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
10 Amendment of s 7 (Composition of corporation) . . . . . . . . . . . . . . . . . . . . . 13
11 Insertion of new s 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
7A Report about person's criminal history . . . . . . . . . . . . . . . . . . . . . . . 14
12 Amendment of s 12 (Variation of corporation area) . . . . . . . . . . . . . . . . . . . 15
13 Replacement of s 16 (Objects) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
16 Objects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
14 Amendment of s 17 (Functions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
15 Insertion of new pt 5 hdg. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
16 Amendment of s 22 (Implementation of approved development plan). . . . . 16
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South Bank Corporation and Other Acts Amendment
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17 Omission of s 22A (Variation of development approval) . . . . . . . . . . . . . . . 16
18 Amendment of s 22B (Completion of development) . . . . . . . . . . . . . . . . . . 16
19 Amendment of s 23 (Powers in relation to land). . . . . . . . . . . . . . . . . . . . . . 16
20 Relocation and renumbering of provisions . . . . . . . . . . . . . . . . . . . . . . . . . . 17
21 Insertion of new pt 5AA hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
22 Amendment of s 25 (Subdivision and amalgamation of land and opening
of roads) .................................................. 18
23 Amendment of s 25A (Stratum lots and dealings with stratum lots) . . . . . . 19
24 Omission of ss 28 and 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
25 Amendment of pt 5 (Town planning) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
PART 5AB--DEVELOPMENT AND USES
Division 1--Interpretation
34 Definitions for part. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
34A Meaning of "lawful use" and "use" . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 2--Existing uses and rights protected
34B Lawful uses of premises protected. . . . . . . . . . . . . . . . . . . . . . . . . . . 21
34C Lawfully constructed buildings and works protected . . . . . . . . . . . . 22
34D Amendment of approved development plan can not affect existing
development approvals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Division 3--Development approvals
34E Development approval authorises assessable development . . . . . . . . 22
34F Applying for a development approval . . . . . . . . . . . . . . . . . . . . . . . . 22
34G Changing an application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
34H Withdrawing an application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
34I Information requests to applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
34J Applicant responds to any information request . . . . . . . . . . . . . . . . . 23
34K Deciding the application generally . . . . . . . . . . . . . . . . . . . . . . . . . . 24
34L Decision notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
34M Conditions must be relevant or reasonable . . . . . . . . . . . . . . . . . . . . 25
34N Particular approvals to be recorded on planning scheme. . . . . . . . . . 25
34O When development approval takes effect . . . . . . . . . . . . . . . . . . . . . 25
34P When development may start. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
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South Bank Corporation and Other Acts Amendment
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34Q When development approval lapses. . . . . . . . . . . . . . . . . . . . . . . . . . 26
34R Request to extend currency period. . . . . . . . . . . . . . . . . . . . . . . . . . . 26
34S Deciding request to extend currency period . . . . . . . . . . . . . . . . . . . 27
34T Development approval attaches to land . . . . . . . . . . . . . . . . . . . . . . . 27
34U Request to change or cancel development approval . . . . . . . . . . . . . 27
34V Deciding request to change or cancel development approvals . . . . . 28
Division 4--South Bank development offences
34W Application of this division to the corporation . . . . . . . . . . . . . . . . . 28
34X Carrying out assessable development without development approval 28
34Y Compliance with development approval . . . . . . . . . . . . . . . . . . . . . . 29
34Z Offence about use of premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
34ZA Development or use carried out in emergency. . . . . . . . . . . . . . . . . . 29
Division 5--Relationship with the Integrated Planning Act until the
development completion date
34ZB Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
34ZC When the corporation is a concurrence agency . . . . . . . . . . . . . . . . . 29
Division 6--Relationship with the Integrated Planning Act on development
completion date
34ZD Effect of development completion date . . . . . . . . . . . . . . . . . . . . . . . 30
Division 7--Miscellaneous
34ZE Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
26 Amendment of s 37 (Payment instead of rates) . . . . . . . . . . . . . . . . . . . . . . 31
27 Amendment of s 37E (Court may exclude person from the site) . . . . . . . . . 31
28 Amendment of s 37I (Procedure for review). . . . . . . . . . . . . . . . . . . . . . . . . 31
29 Amendment of s 37J (Decision on review) . . . . . . . . . . . . . . . . . . . . . . . . . . 31
30 Replacement of s 37K (Annual report of corporation to include report
on part) ................................................. 31
37K Annual report of corporation to include report on part . . . . . . . . . . . 31
31 Replacement of s 38 (Financial arrangements) . . . . . . . . . . . . . . . . . . . . . . . 32
38 Corporation is statutory body under Financial Administration and
Audit Act 1977 ....................................... 32
32 Amendment of s 38AA (Declaration that corporation is statutory body) . . . 32
33 Omission of ss 38B-38G. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
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South Bank Corporation and Other Acts Amendment
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34 Amendment of s 39A (Fire safety requirements) . . . . . . . . . . . . . . . . . . . . . 32
35 Omission of s 39D (Acts not to apply to leases from corporation). . . . . . . . 33
36 Omission of s 39G (Building work by or on behalf of the Crown). . . . . . . . 33
37 Insertion of new ss 40-40F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
40 Security officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
40A Appointment conditions and limit on powers . . . . . . . . . . . . . . . . . . 33
40B Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
40C Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . . . 34
40D When security officer ceases to hold office . . . . . . . . . . . . . . . . . . . . 34
40E Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
40F Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
38 Amendment of s 41 (By-laws of corporation). . . . . . . . . . . . . . . . . . . . . . . . 35
39 Insertion of new s 43 and pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
43 Renumbering of Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
PART 8--TRANSITIONAL PROVISIONS FOR SOUTH BANK
CORPORATION AND OTHER ACTS AMENDMENT ACT 2003
44 Members of the corporation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
45 Development approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
46 Variation of development approvals. . . . . . . . . . . . . . . . . . . . . . . . . . 37
47 Existing lawful use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
48 Security officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
49 Reference to member of the corporation . . . . . . . . . . . . . . . . . . . . . . 38
40 Amendment of sch 1 (Additional provisions about members and
procedure of the corporation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
41 Replacement of sch 4 (Corporation area) . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
SCHEDULE 4--CORPORATION AREA
42 Omission of sch 5 (Complementary development area) . . . . . . . . . . . . . . . . 40
43 Amendment of sch 7 (Modified Building Units and Group Titles Act) . . . . 40
44 Insertion of new sch 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
SCHEDULE 18
COMMERCIAL PRECINCT
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South Bank Corporation and Other Acts Amendment
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PART 3--AMENDMENT OF INTEGRATED PLANNING ACT 1997
45 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
46 Amendment of sch 8 (Assessable, self-assessable and exempt development) 44
PART 4--AMENDMENT OF RESIDENTIAL TENANCIES ACT
1994
47 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
48 Amendment of s 16 (State as lessor) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
PART 5--AMENDMENT OF RETAIL SHOP LEASES ACT 1994
49 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
50 Amendment of s 5 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 47
MINOR AMENDMENTS
2003
A BILL
FOR
An Act to amend the South Bank Corporation Act 1989, and for other
purposes
s1 8 s4
South Bank Corporation and Other Acts Amendment
Bill 2003
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
Clause 1 Short title 3
This Act may be cited as the South Bank Corporation and Other Acts 4
Amendment Act 2003. 5
Clause 2 Commencement 6
(1) Sections 19(3) and (4) and 44 commence on assent. 7
(2) The remaining provisions of this Act commence on a day to be fixed 8
by proclamation. 9
PART 2--AMENDMENT OF SOUTH BANK 10
CORPORATION ACT 1989 11
Clause 3 Act amended in pt 2 and sch 12
This part and the schedule amend the South Bank Corporation Act 1989. 13
Clause 4 Amendment of title 14
Title, from `to develop'-- 15
omit, insert-- 16
`and to provide for the continued effective development and 17
management of the South Bank corporation area, and for other 18
purposes'. 19
s5 9 s6
South Bank Corporation and Other Acts Amendment
Bill 2003
Clause 5 Insertion of new s 2 1
After section 1-- 2
insert-- 3
`2 Notes in text 4
`A note in the text of this Act is part of the Act.'. 5
Clause 6 Amendment of s 4 (Definitions) 6
(1) Section 4, definitions "authority", "complementary development 7
area", "development", "land", "member", "security officer" and "town 8
plan"-- 9
omit. 10
(2) Section 4-- 11
insert-- 12
` "application", for part 5AB, see section 34. 13
"approved form", for part 5AB, see section 34. 14
"approved development plan" means the approved development plan 15
approved by the Governor in Council under section 20 as amended 16
from time to time. 17
"assessable development" see section 4AA. 18
"board" means the South Bank Corporation Board. 19
"building" see the Building Act 1975, section 3. 20
"child" means a child as defined under the Juvenile Justice Act 1992. 21
"currency period", for part 5AB, see section 34. 22
"decision notice", for part 5AB, see section 34. 23
"development" is any of the following-- 24
(a) carrying out operational work within the corporation area; 25
(b) reconfiguring a South Bank lot within the corporation area; 26
(c) making a material change of use of premises within the 27
corporation area. 28
s6 10 s6
South Bank Corporation and Other Acts Amendment
Bill 2003
"development approval" means an approval of an application for 1
development approval contained in a decision notice given under 2
section 34L. 3
"information request", for part 5AB, see section 34. 4
"Integrated Planning Act" means the Integrated Planning Act 1997. 5
"land", other than in section 25, includes-- 6
(a) any estate in, on, over or under land; and 7
(b) the airspace above the surface of land and any estate in the 8
airspace; and 9
(c) the subsoil of land and any estate in the subsoil. 10
"lawful use", for part 5AB, see section 34. 11
"material change of use", of premises, means-- 12
(a) the start of a new use of the premises; or 13
(b) the re-establishment on the premises of a use that has been 14
abandoned; or 15
(c) a material increase in the intensity or scale of the use of the 16
premises. 17
"member" means a member of the board. 18
"operational work" see the Integrated Planning Act, section 1.3.5. 19
"owner", for part 5AB, see section 34. 20
"planning scheme" see the Integrated Planning Act, section 2.1.1. 21
"premises" means-- 22
(a) a building or other structure; or 23
(b) land, whether or not a building or other structure is situated on 24
the land. 25
"reconfiguring", in relation to South Bank lots or land, means-- 26
(a) creating South Bank lots by subdividing a South Bank lot or lots 27
or land; or 28
(b) amalgamating 2 or more South Bank lots; or 29
(c) rearranging the boundaries of a South Bank lot or lots or land by 30
registering a plan of subdivision; or 31
s6 11 s6
South Bank Corporation and Other Acts Amendment
Bill 2003
(d) dividing the land into parts by agreement (other than a lease for a 1
term, including renewal options, not exceeding 10 years) 2
rendering different parts of a South Bank lot or lots immediately 3
available for separate disposition or separate occupation; or 4
(e) creating an easement giving access to a South Bank lot or lots or 5
land from a constructed road. 6
"security officer" means an individual holding appointment under 7
section 40 as a security officer. 8
"South Bank lot" means any of the following within the corporation 9
area-- 10
(a) a lot under the Land Title Act 1994;1 11
(b) a separate, distinct parcel of land for which an interest is 12
recorded in a register under the Land Act 1994; 13
(c) common property for a community titles scheme under the Body 14
Corporate and Community Management Act 1997; 15
(d) a stratum lot; 16
(e) a lot on a leasehold building units plan; 17
(f) common property. 18
19
Note--
20
`Common property' in paragraph (f) has the meaning it has in schedule 7
21
because of section 4B.
"use", for part 5AB, see section 34. 22
"work" see the Integrated Planning Act, section 1.3.5.'. 23
(3) Section 4, definition "court", paragraph (a), `within the meaning of 24
the Juvenile Justice Act 1992'-- 25
omit. 26
1 Land Title Act 1994, schedule 2--
"lot" means a separate, distinct parcel of land created on--
(a) the registration of a plan of subdivision; or
(b) the recording of particulars of an instrument;
and includes a lot under the Building Units and Group Titles Act 1980.
s7 12 s8
South Bank Corporation and Other Acts Amendment
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Clause 7 Insertion of new s 4AA 1
After section 4-- 2
insert-- 3
`4AA Meaning of "assessable development" 4
`All development, other than the following development, is "assessable 5
development"-- 6
(a) the reconfiguration of a lot under the Land Title Act 1994 if the 7
plan of subdivision necessary for the reconfiguration-- 8
(i) is a building format plan of subdivision that does not 9
subdivide land on or below the surface of the land; or 10
(ii) is for the amalgamation of 2 or more lots; or 11
(iii) is in relation to the acquisition, including by agreement, 12
under the Acquisition of Land Act 1967, of land by a 13
constructing authority, as defined under that Act, for a 14
purpose set out in paragraph (a) of the schedule to that Act; 15
or 16
(iv) is in relation to the acquisition by agreement, other than 17
under the Acquisition of Land Act 1967, of land by a 18
constructing authority, as defined under that Act, for a 19
purpose set out in paragraph (a) of the schedule to that Act; 20
or 21
(v) is in relation to land held by the State, or a statutory body 22
representing the State, and the land is being subdivided for a 23
purpose set out in the Acquisition of Land Act 1967, 24
schedule, paragraph (a); or 25
(vi) is for the reconfiguration of a lot comprising strategic port 26
land as defined under the Transport Infrastructure Act 1994; 27
(b) development specified in the Integrated Planning Act, schedule 8, 28
part 1 or 2.'. 29
Clause 8 Amendment of pt 2 hdg 30
Part 2, heading, after `CORPORATION'-- 31
s9 13 s 10
South Bank Corporation and Other Acts Amendment
Bill 2003
insert-- 1
`AND BOARD'. 2
Clause 9 Insertion of new s 6A 3
After section 6-- 4
insert-- 5
`6A Corporation board 6
`(1) The corporation must have a board of directors. 7
`(2) The board of directors is the corporation's governing body and is 8
called the South Bank Corporation Board.'. 9
Clause 10 Amendment of s 7 (Composition of corporation) 10
(1) Section 7, heading, `corporation'-- 11
omit, insert-- 12
`board'. 13
(2) Section 7(1)-- 14
omit, insert-- 15
`(1) The board consists of the following members-- 16
(a) a chairperson appointed on the Minister's nomination; 17
(b) 2 members appointed on the council's nomination; 18
(c) 7 other members, of whom 2 must be public service officers, 19
appointed on the Minister's nomination. 20
`(1A) In nominating persons for appointment to the board, the Minister 21
and the council must-- 22
(a) have regard to the proposed member's business, financial, 23
property management, community service or other relevant 24
expertise; and 25
(b) seek to appoint both men and women as members.'. 26
(3) Section 7(3), `an officer of the public service'-- 27
omit, insert-- 28
s 11 14 s 11
South Bank Corporation and Other Acts Amendment
Bill 2003
`a public service officer'. 1
(4) Section 7(4), `procedures of the corporation'-- 2
omit, insert-- 3
`about procedures of the board'. 4
Clause 11 Insertion of new s 7A 5
After section 7-- 6
insert-- 7
`7A Report about person's criminal history 8
`(1) To help decide whether a person is suitable for nomination for 9
appointment as a member, the Minister or the council (the "nominator") 10
may ask the commissioner of the police service for a written report about 11
the person's criminal history. 12
`(2) However, the nominator may make a request about a person under 13
subsection (1) only if the person has given the nominator written consent 14
for the request. 15
`(3) If asked by the nominator, the commissioner of the police service 16
must give the nominator a written report about the criminal history of the 17
person. 18
`(4) The duty imposed on the commissioner of the police service applies 19
only to information in the commissioner's possession or to which the 20
commissioner has access. 21
`(5) The nominator must destroy a report given to the nominator under 22
this section as soon as practicable after it is no longer needed for the 23
purpose for which it was requested. 24
`(6) In this section-- 25
"criminal history", of a person, means the convictions, other than spent 26
convictions, recorded against the person for offences, in Queensland 27
or elsewhere, whether before or after the commencement of this 28
section. 29
"spent conviction" means a conviction-- 30
s 12 15 s 13
South Bank Corporation and Other Acts Amendment
Bill 2003
(a) for which the rehabilitation period under the Criminal Law 1
(Rehabilitation of Offenders) Act 1986 has expired under that 2
Act; and 3
(b) that is not revived as prescribed by section 11 of that Act.'. 4
Clause 12 Amendment of s 12 (Variation of corporation area) 5
Section 12(4)-- 6
omit, insert-- 7
`(4) If the corporation area is varied by the exclusion of particular land, 8
the provisions of this Act relating to the corporation area stop applying to 9
the land.'. 10
Clause 13 Replacement of s 16 (Objects) 11
Section 16-- 12
omit, insert-- 13
`16 Objects 14
`The corporation's objects are-- 15
(a) to promote, facilitate, carry out and control the development, 16
disposal and management of land and other property within the 17
corporation area; and 18
(b) to achieve an appropriate balance between the corporation's 19
commercial and non-commercial functions; and 20
(c) to ensure the corporation area complements, rather than 21
duplicates, other public use sites in the inner city Brisbane area; 22
and 23
(d) to provide for a diverse range of recreational, cultural and 24
educational pursuits for local, regional and international visitors; 25
and 26
(e) to accommodate public events and entertainment that benefit the 27
general community; and 28
(f) to achieve excellence and innovation in the management of open 29
space and park areas.'. 30
s 14 16 s 19
South Bank Corporation and Other Acts Amendment
Bill 2003
Clause 14 Amendment of s 17 (Functions) 1
Section 17(1)(h)-- 2
omit, insert-- 3
`(h) to achieve, by the adoption of best practice principles, excellence 4
and innovation in the management of open space and park 5
areas;'. 6
Clause 15 Insertion of new pt 5 hdg 7
Before section 18-- 8
insert-- 9
` PART 5--DEVELOPMENT PLAN'. 10
16 Amendment of s 22 (Implementation of approved development 11
plan)
Clause 12
Section 22(2) to (7)-- 13
omit. 14
Clause 17 Omission of s 22A (Variation of development approval) 15
Section 22A-- 16
omit. 17
Clause 18 Amendment of s 22B (Completion of development) 18
Section 22B(4)(b)-- 19
omit. 20
Clause 19 Amendment of s 23 (Powers in relation to land) 21
(1) Section 23(2) and (3)-- 22
omit. 23
(2) Section 23(4)-- 24
s 20 17 s 20
South Bank Corporation and Other Acts Amendment
Bill 2003
omit, insert-- 1
`(4) However, the Minister may approve the corporation's transfer of an 2
estate in fee simple in land owned by the corporation only if-- 3
(a) the transfer is to the council under section 13A;2 or 4
(b) the transfer is-- 5
(i) to the council or another entity for the purpose of making a 6
minor adjustment to the boundary of a South Bank lot; and 7
(ii) the Minister is satisfied the transfer will assist the effective 8
management of land in the corporation area.'. 9
(3) Section 23(4B)-- 10
omit, insert-- 11
`(4B) The Minister may vary the area shown hatched on the plan in 12
schedule 18, plan 2 (to the extent the area is land of which the corporation 13
is the registered owner or is entitled to be the registered owner) for the 14
purpose of making a minor boundary adjustment to the commercial 15
precinct. 16
`(4C) The area as varied by the Minister under subsection (4B) is taken 17
to be part of the commercial precinct.'. 18
(4) Section 23(7), definition "commercial precinct"-- 19
omit, insert-- 20
` "commercial precinct" means the parts of each of the following areas of 21
land of which the corporation is the registered owner or is entitled to 22
be the registered owner-- 23
(a) the area shown hatched on the plan in schedule 18, plan 1; 24
(b) the area shown hatched on the plan in schedule 18, plan 2.'. 25
Clause 20 Relocation and renumbering of provisions 26
(1) Sections 23, 26, 31, 32 and 39I and 39J-- 27
relocate and renumber in part 4 as sections 17A, 17B, 17C, 17D, 17E, 28
and 17F. 29
2 Section 13A (Riverside parkland)
s 21 18 s 22
South Bank Corporation and Other Acts Amendment
Bill 2003
(2) Sections 27 and 30-- 1
relocate and renumber in part 5 as sections 22AA and 22AB. 2
(3) Section 33-- 3
relocate and renumber as section 38BA. 4
(4) Section 34A-- 5
relocate and renumber in part 5AB, division 7 as section 34ZF. 6
21 Insertion of new pt 5AA hdg
Clause 7
Before section 24-- 8
insert-- 9
`PART 5AA--ROADS, RECONFIGURATION AND 10
STRATUM LOTS'. 11
22 Amendment of s 25 (Subdivision and amalgamation of land and 12
opening of roads)
Clause 13
(1) Section 25(1), definition "lot"-- 14
omit. 15
(2) Section 25(1), definition "access", `lot'-- 16
omit, insert-- 17
`South Bank lot'. 18
(3) Section 25(1), definition "road", `subsection (19) and'-- 19
omit. 20
(4) Section 25(2), `the subdivision or amalgamation of land'-- 21
omit, insert-- 22
`a reconfiguration of land (whether described as a subdivision, 23
amalgamation or something else)'. 24
(5) Section 25(2), `a subdivision or amalgamation'-- 25
omit, insert-- 26
`a reconfiguration'. 27
s 23 19 s 23
South Bank Corporation and Other Acts Amendment
Bill 2003
(6) Section 25(3), `subdivided and amalgamated'-- 1
omit, insert-- 2
`reconfigured'. 3
(7) Section 25(4), `Despite' to `the registered owner'-- 4
omit, insert-- 5
`The registered owner'. 6
(8) Section 25(5)-- 7
insert-- 8
`(ca) be endorsed by the appropriate authority; and'. 9
(9) Section 25(5)(d), after `1994'-- 10
insert-- 11
`, other than section 50(g) and (h) of that Act'. 12
(10) Section 25(13)(a) and (b)-- 13
omit, insert-- 14
`(a) each proposed South Bank lot has access or the appropriate 15
authority has waived the requirement for access; and 16
(b) development approval for the subdivision has been given.'. 17
(11) Section 25(16) to (19)-- 18
omit. 19
23 Amendment of s 25A (Stratum lots and dealings with stratum 20
lots)
Clause 21
Section 25A(1)-- 22
omit, insert-- 23
`(1) Despite the Land Title Act 1994 or any other Act-- 24
(a) the following may be done under this section only if 25
development approval for the subdivision or adjustment has been 26
given-- 27
(i) the subdivision of South Bank public land by stratum plan; 28
s 24 20 s 25
South Bank Corporation and Other Acts Amendment
Bill 2003
(ii) the subdivision of a stratum lot by stratum plan of 1
subdivision; 2
(iii) a minor adjustment to the boundary of a stratum lot by 3
boundary adjustment plan; and 4
(b) South Bank public land may be opened as a road by stratum plan 5
only if the appropriate authority approves; and 6
(c) stratum lots may be amalgamated by stratum plan of 7
amalgamation.'. 8
24 Omission of ss 28 and 29
Clause 9
Sections 28 and 29-- 10
omit. 11
Clause 25 Amendment of pt 5 (Town planning) 12
Part 5, other than sections 34A and 373 -- 13
omit, insert-- 14
`PART 5AB--DEVELOPMENT AND USES 15
` Division 1--Interpretation 16
`34 Definitions for part 17
`In this part-- 18
"application" means an application for a development approval. 19
"approved form" means a form approved for use for this part by the 20
corporation manager under section 34ZE. 21
"currency period" see section 34Q(2) or (3). 22
"decision notice" see section 34L. 23
"information request" see section 34I. 24
3 Section 34A is being relocated and renumbered by section 20(4). Section 37 is being
amended, relocated and renumbered by section 26.
s 25 21 s 25
South Bank Corporation and Other Acts Amendment
Bill 2003
"lawful use" see section 34A(1). 1
"owner", of land, means-- 2
(a) subject to paragraphs (b) and (c), the person for the time being 3
entitled to receive the rent for the land or who would be entitled 4
to receive the rent for it if it were let to a tenant at a rent; or 5
(b) if the land is common property in a leasehold building units plan, 6
the body corporate; or 7
(c) if the land is a lot in a leasehold building units plan, the lessee of 8
the lot. 9
"use" see section 34A(2). 10
`34A Meaning of "lawful use" and "use" 11
`(1) A "lawful use" of premises within the corporation area includes a 12
use that is a natural and ordinary consequence of making a material change 13
of use of the premises if the material change of use, including a change that 14
happened before the commencement of this section, was made in 15
accordance with this Act. 16
`(2) "Use", of premises, includes any ancillary use of the premises. 17
` Division 2--Existing uses and rights protected 18
`34B Lawful uses of premises protected 19
`(1) Subsection (2) applies if immediately before the commencement of 20
the approved development plan or an amendment of the approved 21
development plan the use of premises was a lawful use of the premises. 22
`(2) Neither the development plan nor the amendment can-- 23
(a) stop the use from continuing; or 24
(b) further regulate the use; or 25
(c) require the use to be changed. 26
s 25 22 s 25
South Bank Corporation and Other Acts Amendment
Bill 2003
`34C Lawfully constructed buildings and works protected 1
`To the extent a building or other work has been lawfully constructed or 2
effected, neither the approved development plan nor an amendment of the 3
approved development plan can require the building or work to be altered 4
or removed. 5
`34D Amendment of approved development plan can not affect 6
existing development approvals 7
`(1) This section applies if-- 8
(a) a development approval exists for premises; and 9
(b) after the approval is given, the approved development plan is 10
amended. 11
`(2) To the extent the approval has not lapsed, the amendment of the 12
approved development plan can not stop or further regulate the 13
development, or otherwise affect the approval. 14
` Division 3--Development approvals 15
`34E Development approval authorises assessable development 16
`A development approval authorises assessable development to occur-- 17
(a) to the extent stated in the approval; and 18
(b) subject to the conditions in the approval. 19
`34F Applying for a development approval 20
`(1) Each application must be made to the corporation. 21
`(2) Each application must be made in the approved form. 22
`(3) Each application must be accompanied by the fee decided by the 23
corporation manager. 24
`(4) The fee must not be more than the actual cost of considering and 25
processing the application. 26
`(5) An application complying with subsections (1), (2), and (3) is a 27
"properly made application". 28
s 25 23 s 25
South Bank Corporation and Other Acts Amendment
Bill 2003
`(6) The corporation may refuse to receive an application that is not a 1
properly made application. 2
`(7) If the corporation receives, and after consideration accepts, an 3
application that is not a properly made application, the application is taken 4
to be a properly made application. 5
`(8) Subsection (7) does not apply to an application unless the 6
application contains the written consent of the owner of any land to which 7
the application applies. 8
`34G Changing an application 9
`Before an application is decided, the applicant may change the 10
application by giving the corporation written notice of the change. 11
`34H Withdrawing an application 12
`(1) An application may be withdrawn by the applicant, by written notice 13
given to the corporation, at any time before the application is decided. 14
`(2) The corporation may refund all or part of any fee paid for the 15
application. 16
`34I Information requests to applicant 17
`The corporation may ask the applicant, by written request (an 18
"information request"), to give further information needed to assess the 19
application. 20
`34J Applicant responds to any information request 21
`(1) If the applicant receives an information request from the 22
corporation, the applicant must respond by giving the corporation all of the 23
information requested within the reasonable time requested by the 24
corporation. 25
`(2) If the applicant does not provide the information within the 26
reasonable time requested by the corporation, the corporation may refuse 27
the application. 28
s 25 24 s 25
South Bank Corporation and Other Acts Amendment
Bill 2003
`34K Deciding the application generally 1
`(1) In deciding the application, the corporation must consult with the 2
council in the way the corporation considers appropriate. 3
`(2) The corporation must-- 4
(a) approve all or part of the application; or 5
(b) approve all or part of the application subject to conditions 6
decided by the corporation; or 7
(c) refuse the application. 8
`(3) Without limiting subsection (2)(b), the corporation may impose 9
conditions about infrastructure and the payment of contributions for 10
infrastructure in the corporation area. 11
`(4) In this section-- 12
"infrastructure" includes the extent and location of proposed 13
infrastructure, having regard to existing infrastructure networks, their 14
capacities and thresholds for augmentation. 15
`34L Decision notice 16
`(1) The corporation must give written notice of the decision in the 17
approved form (the "decision notice") to the applicant and the council. 18
`(2) The decision notice must be given within 5 business days after the 19
day the decision is made and must state the following-- 20
(a) the day the decision was made; 21
(b) whether the application is approved, approved subject to 22
conditions or refused; 23
(c) if the application is approved subject to conditions, the 24
conditions; 25
(d) if the application is refused, the reasons for refusal. 26
`(3) When the corporation gives a decision notice under subsection (1), 27
the corporation must also give a copy of any plans and specifications 28
approved by the corporation in relation to the decision notice. 29
s 25 25 s 25
South Bank Corporation and Other Acts Amendment
Bill 2003
`34M Conditions must be relevant or reasonable 1
`A condition imposed under section 34K(2)(b) must-- 2
(a) be relevant to, but not an unreasonable imposition on, the 3
development or use of premises as a consequence of the 4
development; or 5
(b) be reasonably required in relation to the development or use of 6
premises as a consequence of the development. 7
`34N Particular approvals to be recorded on planning scheme 8
`(1) If-- 9
(a) development approval is given by the corporation; and 10
(b) the council is satisfied the development approval is inconsistent 11
with the council's planning scheme; 12
the council must note the development approval on the planning scheme. 13
`(2) To remove any doubt, it is declared that-- 14
(a) the note on the planning scheme is not an amendment of the 15
planning scheme; and 16
(b) a contravention of subsection (1) does not affect the validity of 17
the development approval. 18
`34O When development approval takes effect 19
`If the application is approved, or approved subject to conditions, the 20
decision notice is taken to be the development approval and has effect from 21
the time the decision notice is given. 22
`34P When development may start 23
`(1) Development may start when development approval for the 24
development takes effect. 25
`(2) Subsection (1) applies subject to any condition applying under 26
section 34L(2)(c)4 to a development approval for the development. 27
4 Section 34L (Decision notice)
s 25 26 s 25
South Bank Corporation and Other Acts Amendment
Bill 2003
`34Q When development approval lapses 1
`(1) The development approval for the application lapses at the end of 2
the currency period for the development approval unless-- 3
(a) for development that is a material change of use--the change of 4
use happens before the end of the currency period; or 5
(b) for development that is a reconfiguration of a South Bank 6
lot--the plan for the reconfiguration of the lot is given to the 7
corporation for its approval before the end of the currency 8
period; or 9
(c) for development not mentioned in paragraph (a) 10
or (b)--development under the development approval 11
substantially starts before the end of the currency period. 12
`(2) To the extent the development approval is for development other 13
than a material change of use, the "currency period" is-- 14
(a) the 1 year starting the day the approval takes effect; or 15
(b) if the approval states or implies a time for the approval to 16
lapse--the period from the day the approval takes effect until the 17
stated or implied time. 18
`(3) To the extent the development approval is for development that is a 19
material change of use, the "currency period" is-- 20
(a) the 2 years starting the day the approval takes effect; or 21
(b) if the approval states or implies a time for the approval to 22
lapse--the period from the day the approval takes effect until the 23
stated or implied time. 24
`34R Request to extend currency period 25
`(1) If, before the development approval lapses, a person having an 26
interest in the land to which the development approval relates wants to 27
extend the currency period, the person may, by written notice, ask the 28
corporation to extend the currency period. 29
`(2) If the corporation has an approved form for the request, the request 30
must be in the approved form. 31
`(3) The request must-- 32
(a) be made before the currency period ends; and 33
s 25 27 s 25
South Bank Corporation and Other Acts Amendment
Bill 2003
(b) be accompanied by the fee for the request decided by the 1
corporation manager. 2
`(4) The fee must not be more than the actual cost of considering and 3
processing the request. 4
`34S Deciding request to extend currency period 5
`(1) The corporation must approve or refuse the extension within 6
30 business days after receiving the request. 7
`(2) The corporation and the person making the request may agree to 8
extend the period within which the corporation must decide the request. 9
`(3) Despite section 34Q,5 the development approval does not lapse until 10
the corporation decides the request. 11
`(4) After deciding the request, the corporation must give written notice 12
of the decision to the person asking for the extension and to the council. 13
`34T Development approval attaches to land 14
`(1) The development approval attaches to the land, the subject of the 15
application, and binds the owner of the land, the owner's successors in title 16
and any occupier of the land. 17
`(2) To remove any doubt, it is declared that subsection (1) applies even 18
if later development (including reconfiguring a South Bank lot) is approved 19
for the land (or the land as reconfigured). 20
`34U Request to change or cancel development approval 21
`(1) This section applies if a person having an interest in the land to 22
which the development approval relates wants to change or cancel a 23
development approval. 24
`(2) The person may, by written notice to the corporation, ask the 25
corporation to change or cancel the development approval. 26
`(3) If the corporation has an approved form for the request, the request 27
must be in the approved form. 28
5 Section 34Q (When development approval lapses)
s 25 28 s 25
South Bank Corporation and Other Acts Amendment
Bill 2003
`(4) The request must be accompanied by the fee for the request decided 1
by the corporation manager. 2
`(5) The fee must not be more than the actual cost of considering and 3
processing the request. 4
`34V Deciding request to change or cancel development approvals 5
`(1) The corporation must decide the request within 20 business days 6
after receiving the request. 7
`(2) The corporation and the person may agree to extend the period 8
within which the corporation must decide the request. 9
`(3) To the extent relevant, the corporation must assess and decide the 10
request having regard to-- 11
(a) the matters the corporation would have regard to if the request 12
were a development application; and 13
(b) the interests of other persons whose interests in the land may be 14
affected by the application. 15
`(4) The corporation must give the person and the council written notice 16
of the decision. 17
`(5) The changed development approval or cancellation takes effect from 18
the day the notice is given to the person. 19
` Division 4--South Bank development offences 20
`34W Application of this division to the corporation 21
`This division does not bind the corporation. 22
`34X Carrying out assessable development without development 23
approval 24
`A person must not start assessable development without a development 25
approval for the development. 26
Maximum penalty--1 665 penalty units. 27
s 25 29 s 25
South Bank Corporation and Other Acts Amendment
Bill 2003
`34Y Compliance with development approval 1
`A person must not contravene a development approval, including any 2
condition in the approval. 3
Maximum penalty--1 665 penalty units. 4
`34Z Offence about use of premises 5
`A person must not use premises in the corporation area if the use is not a 6
lawful use. 7
Maximum penalty--1 665 penalty units. 8
`34ZA Development or use carried out in emergency 9
`Sections 34X, 34Y and 34Z do not apply to a person if-- 10
(a) the person starts development or a use because of an emergency 11
endangering-- 12
(i) the life or health of a person; or 13
(ii) the structural safety of a building; and 14
(b) the person gives written notice of the development or use to the 15
corporation as soon as practicable after starting the development 16
or use. 17
` Division 5--Relationship with the Integrated Planning Act until the 18
development completion date 19
`34ZB Application of div 5 20
`This division applies until the development completion date. 21
`34ZC When the corporation is a concurrence agency 22
`When the corporation is a concurrence agency under the Integrated 23
Planning Act-- 24
s 25 30 s 25
South Bank Corporation and Other Acts Amendment
Bill 2003
(a) for the Integrated Planning Act, section 3.3.15,6 the following are 1
applicable concurrence agency codes-- 2
(i) the approved development plan; 3
(ii) this Act; 4
(iii) any relevant plan, policy or guideline made by the 5
corporation from time to time; and 6
(b) an applicant may not appeal against the corporation's 7
concurrence agency response; and 8
(c) the Integrated Planning Act, section 3.5.327 does not apply to 9
conditions imposed by the corporation; and 10
(d) the Integrated Planning Act, section 4.1.218 does not apply to the 11
extent a declaration is sought about anything done or omitted to 12
be done by the corporation. 13
` Division 6--Relationship with the Integrated Planning Act on 14
development completion date 15
`34ZD Effect of development completion date 16
`On the development completion date, all development approvals that 17
have not lapsed under this Act are taken to be development permits under 18
the Integrated Planning Act, section 3.1.5(3). 19
` Division 7--Miscellaneous 20
`34ZE Approved forms 21
`The corporation manager may approve forms for use under this part.'. 22
6 Integrated Planning Act, section 3.3.15 (Referral agency assesses application)
7 Integrated Planning Act, section 3.5.32 (Conditions that can not be imposed)
8 Integrated Planning Act, section 4.1.21 (Court may make declarations)
s 26 31 s 30
South Bank Corporation and Other Acts Amendment
Bill 2003
Clause 26 Amendment of s 37 (Payment instead of rates) 1
(1) Section 37(1), from `, other than land' to `of the Crown'-- 2
omit. 3
(2) Section 37, as amended-- 4
relocate and renumber in part 6 as section 37L. 5
Clause 27 Amendment of s 37E (Court may exclude person from the site) 6
Section 37E(7)-- 7
omit. 8
Clause 28 Amendment of s 37I (Procedure for review) 9
Section 37I(2)(c) and (d)-- 10
omit. 11
Clause 29 Amendment of s 37J (Decision on review) 12
Section 37J(3)-- 13
omit. 14
30 Replacement of s 37K (Annual report of corporation to include 15
report on part)
Clause 16
Section 37K-- 17
omit, insert-- 18
`37K Annual report of corporation to include report on part 19
`(1) The corporation must, in each annual report, include a report on the 20
exercise of powers under this part. 21
`(2) Without limiting subsection (1), the report must state-- 22
(a) the number of exclusion directions given, including the number 23
given to children; and 24
(b) the number of exclusion directions reviewed, including the 25
number relating to children; and 26
s 31 32 s 34
South Bank Corporation and Other Acts Amendment
Bill 2003
(c) the number of exclusion directions set aside, including the 1
number relating to children; and 2
(d) the number of exclusion orders made, including the number 3
relating to children.'. 4
Clause 31 Replacement of s 38 (Financial arrangements) 5
Section 38-- 6
omit, insert-- 7
`38 Corporation is statutory body under Financial Administration 8
and Audit Act 1977 9
`The corporation is a statutory body under the Financial Administration 10
and Audit Act 1977.'. 11
32 Amendment of s 38AA (Declaration that corporation is statutory 12
body)
Clause 13
(1) Section 38AA, heading-- 14
omit, insert-- 15
`38AA Corporation is statutory body under Statutory Bodies 16
Financial Arrangements Act 1982'. 17
(2) Section 38AA(1), `for'-- 18
omit, insert-- 19
`under'. 20
Clause 33 Omission of ss 38B-38G 21
Sections 38B to 38G-- 22
omit. 23
34 Amendment of s 39A (Fire safety requirements)
Clause 24
Section 39A, from `Despite' to `fire safety officer'-- 25
omit, insert-- 26
s 35 33 s 37
South Bank Corporation and Other Acts Amendment
Bill 2003
`Despite any Act relating to fire safety, but without compromising the 1
principles of fire safety in the Act, a relevant fire authority or inspecting 2
entity, when deciding whether fire safety installations and other fire safety 3
measures for a building on South Bank public land are installed as required 4
by the Act and are adequate and operational,'. 5
Clause 35 Omission of s 39D (Acts not to apply to leases from corporation) 6
Section 39D-- 7
omit. 8
Clause 36 Omission of s 39G (Building work by or on behalf of the Crown) 9
Section 39G-- 10
omit. 11
Clause 37 Insertion of new ss 40-40F 12
After section 39M-- 13
insert-- 14
`40 Security officers 15
`(1) The corporation may appoint an individual as a security officer. 16
`(2) However, the corporation may appoint an individual as a security 17
officer only if the corporation is satisfied the individual has the necessary 18
expertise or experience. 19
`40A Appointment conditions and limit on powers 20
`(1) A security officer holds office on any conditions stated in-- 21
(a) the security officer's instrument of appointment; or 22
(b) a signed notice given to the security officer; or 23
(c) a regulation. 24
`(2) The instrument of appointment, a signed notice given to the security 25
officer or a regulation may limit the security officer's powers under this 26
Act. 27
s 37 34 s 37
South Bank Corporation and Other Acts Amendment
Bill 2003
`(3) In this section-- 1
"signed notice" means a notice signed by the corporation manager. 2
`40B Issue of identity card 3
`(1) The corporation must issue an identity card to each security officer. 4
`(2) The identity card must-- 5
(a) contain a recent photo of the security officer; and 6
(b) contain a copy of the security officer's signature; and 7
(c) identify the person as a security officer under this Act; and 8
(d) state an expiry date for the card. 9
`(3) This section does not prevent the issue of a single identity card to a 10
person for this Act and other purposes. 11
`40C Production or display of identity card 12
`(1) In exercising a power under this Act in relation to another person, a 13
security officer must-- 14
(a) produce the security officer's identity card for the other person's 15
inspection before exercising the power; or 16
(b) have the identity card displayed so it is clearly visible to the other 17
person when exercising the power. 18
`(2) However, if it is not practicable to comply with subsection (1), the 19
security officer must produce the identity card for the other person's 20
inspection at the first reasonable opportunity. 21
`40D When security officer ceases to hold office 22
`(1) A security officer ceases to hold office if any of the following 23
happens-- 24
(a) the term of office stated in a condition of office ends; 25
(b) under another condition of office, the security officer ceases to 26
hold office; 27
(c) the security officer's resignation under section 40E takes effect. 28
s 38 35 s 38
South Bank Corporation and Other Acts Amendment
Bill 2003
`(2) Subsection (1) does not limit the ways a security officer may cease 1
to hold office. 2
`(3) In this section-- 3
"condition of office" means a condition on which the security officer 4
holds office. 5
`40E Resignation 6
`(1) A security officer may resign by signed notice given to the 7
corporation. 8
`(2) However, if holding office as a security officer is a condition of the 9
security officer holding another office, the security officer may not resign 10
as a security officer without resigning from the other office. 11
`40F Return of identity card 12
`An individual who ceases to be a security officer must return the 13
security officer's identity card to the corporation within 21 days after 14
ceasing to be a security officer, unless the individual has a reasonable 15
excuse. 16
Maximum penalty--10 penalty units.'. 17
Clause 38 Amendment of s 41 (By-laws of corporation) 18
(1) Section 41(2)(d)-- 19
omit. 20
(2) Section 41-- 21
insert-- 22
`(3A) A by-law may provide that a stated local law does not apply, or 23
applies with stated changes, within the corporation area. 24
`(3B) If a by-law provides that a stated local law does not apply, or 25
applies with stated changes, within the corporation area, the local law does 26
not apply, or applies with the stated changes, within the corporation area.'. 27
(3) Section 41(5), `Where'-- 28
s 39 36 s 39
South Bank Corporation and Other Acts Amendment
Bill 2003
omit, insert-- 1
`Subject to subsection (3B), if'. 2
Clause 39 Insertion of new s 43 and pt 8 3
After section 42-- 4
insert-- 5
`43 Renumbering of Act 6
`(1) The relevant provisions of this Act are amended by numbering and 7
renumbering them in the same way as a reprint may be numbered and 8
renumbered under the Reprints Act 1992, section 43. 9
`(2) Subsection (1) applies to a provision of this Act enacted or 10
otherwise affected (a "relevant provision") by a provision of an amending 11
Act enacted but uncommenced when subsection (1) is commenced (the 12
"uncommenced provision"), with the following intent for the relevant 13
provision-- 14
(a) if the number of the relevant provision would have changed 15
under subsection (1) had the uncommenced provision 16
commenced-- 17
(i) a number is allocated to the relevant provision as if the 18
uncommenced provision had commenced; and 19
(ii) when the uncommenced provision commences, the number 20
of the relevant provision is amended by omitting it and 21
inserting the number allocated to it under subparagraph (i); 22
(b) if the relevant provision would have been omitted or relocated 23
had the uncommenced provision commenced, its number 24
remains the same as it was before the commencement of 25
subsection (1) until the omission or relocation takes effect. 26
`(3) Without limiting the Reprints Act 1992, section 43(4), each 27
reference in this Act, and each reference in the Duties Act 2001, 28
sections 132(d) and 139(a), to a provision of this Act renumbered under 29
subsection (1), is amended, when the renumbering happens, by omitting 30
the reference to the previous number and inserting the new number. 31
`(4) This section expires the day after the commencement into effect of 32
the last renumbering done under the section. 33
s 39 37 s 39
South Bank Corporation and Other Acts Amendment
Bill 2003
`(5) In this section-- 1
"amending Act" means an Act that amends this Act. 2
"relevant provisions" means the provisions other than-- 3
(a) schedule 7, parts 1 to 6; and 4
(b) schedule 7, schedules 1 to 6. 5
` PART 8--TRANSITIONAL PROVISIONS FOR SOUTH 6
BANK CORPORATION AND OTHER ACTS 7
AMENDMENT ACT 2003 8
`44 Members of the corporation 9
`(1) A person who, immediately before the commencement of this 10
section, was a member of the corporation is taken to be, on the 11
commencement, a member of the board in accordance with the member's 12
original conditions of appointment. 13
`(2) The person who, immediately before the commencement of this 14
section, was the chairperson of the corporation is taken to be, on the 15
commencement, the chairperson of the board in accordance with the 16
member's original conditions of appointment. 17
`(3) In this section-- 18
"member's original conditions of appointment" means the terms and 19
conditions governing the member's appointment immediately before 20
the commencement. 21
`45 Development approvals 22
`An approval for development issued, and in force, under section 22 as in 23
force immediately before the commencement of this section is, on the 24
commencement, taken to be a development approval. 25
`46 Variation of development approvals 26
`An application for approval for development made to the corporation 27
under section 22A as in force immediately before the commencement of 28
s 40 38 s 41
South Bank Corporation and Other Acts Amendment
Bill 2003
this section must be dealt with as if the South Bank Corporation and Other 1
Acts Amendment Act 2003 had not been enacted. 2
`47 Existing lawful use 3
`To the extent an existing use of premises within the corporation area 4
was lawful immediately before the commencement of this section, the use 5
is taken to be lawful under this Act on the commencement. 6
`48 Security officers 7
`A person who, immediately before the commencement of this section, 8
was a security officer appointed under this Act is taken to be, on the 9
commencement, a security officer appointed under section 40. 10
`49 Reference to member of the corporation 11
`A reference in an Act or document to a member of the corporation may, 12
if the context permits, be taken to be a reference to a member of the board.'. 13
40 Amendment of sch 1 (Additional provisions about members and 14
procedure of the corporation)
Clause 15
Schedule 1, clause 3(1)-- 16
insert-- 17
`(d) is a public service officer appointed on the nomination of the 18
Minister and stops being a public service officer.'. 19
Clause 41 Replacement of sch 4 (Corporation area) 20
Schedule 4-- 21
omit, insert-- 22
s 41 39 s 41
South Bank Corporation and Other Acts Amendment
Bill 2003
` SCHEDULE 4--CORPORATION AREA 1
section 4, definition "corporation area" 2
200m
HOPE ST
SCALE 1:4000 (A3)
MELBOURNE STREET
80
GREY ST
0
STREET
STREET
40
RUSSELL STREET
GLENELG ST
MERIVALE
CORDELIA
ERNEST STREET
STREET
TRIBUNE STREET
COLCHESTER
ET
RE
ST
AD
RO
SIDON STREET
S
EN
H
EP
ET
ST
STRE
RE U
LT
VU
EET
DOCK STR
ET
RE
ST
M
Y
HA
LE
RA
STAN
G
s 42 40 s 43
South Bank Corporation and Other Acts Amendment
Bill 2003
'. 1
Clause 42 Omission of sch 5 (Complementary development area) 2
Schedule 5-- 3
omit. 4
43 Amendment of sch 7 (Modified Building Units and Group Titles 5
Act)
Clause 6
(1) Schedule 7, section 7(4), `the town plan'-- 7
omit, insert-- 8
`the planning scheme made by the council as in force from time to time'. 9
(2) Schedule 7, section 21(1A) and (2)(b), `unanimous resolution'-- 10
omit, insert-- 11
`resolution without dissent'. 12
(3) Schedule 7, section 23(1), (3) and (3B), `unanimous resolution'-- 13
omit, insert-- 14
`resolution without dissent'. 15
(4) Schedule 7, section 24(4)(b)(i) and (c), `the town plan'-- 16
omit, insert-- 17
`the planning scheme made by the council as in force from time to time'. 18
(5) Schedule 7, after section 94B-- 19
insert-- 20
`94C Order giving effect to motion, or variation of motion, as proposed 21
`(1) If a referee is satisfied that a motion, other than a prescribed motion, 22
considered by a general meeting of the body corporate and requiring a 23
resolution without dissent was not passed because of opposition that in the 24
circumstances is unreasonable, the referee may, on the application of the 25
corporation or a lessee, make an order giving effect to the motion as 26
proposed, or a variation of the motion as proposed. 27
`(2) In this section-- 28
s 44 41 s 44
South Bank Corporation and Other Acts Amendment
Bill 2003
"prescribed motion" means-- 1
(a) a motion for reinstatement in whole or in part of a building 2
subject to a leasehold building units plan; or 3
(b) a motion for termination or amalgamation of a leasehold building 4
units plan.'. 5
Clause 44 Insertion of new sch 18 6
After schedule 17-- 7
insert-- 8
` SCHEDULE 18 9
` COMMERCIAL PRECINCT 10
section 23(7), definition "commercial precinct" 11
s 44 42 s 44
South Bank Corporation and Other Acts Amendment
Bill 2003
PLAN 1 1
200m
HOPE ST
SCALE 1:4000 (A3)
MELBOURNE STREET
80
GREY ST
0
STREET
STREET
40
RUSSELL STREET
GLENELG ST
MERIVALE
CORDELIA
ERNEST STREET
STREET
TRIBUNE STREET
COLCHESTER
ET
RE
ST
AD
RO
SIDON STREET
NS
HE
EP
ET
ST
STRE
E
UR
LT
VU
EET
DOCK STR
ET
RE
ST
M
LEY
HA
RA
STAN
G
KFM WSD 008/1
s 44
359m
343m
'.
43
Bill 2003
PLAN 2
South Bank Corporation and Other Acts Amendment
25m
5 0 15
SCALE 1:500 (A3)
KEILAR FOX & McGHIE: PLAN NO.:SS0318-37/7
s 44
2
1
s 45 44 s 48
South Bank Corporation and Other Acts Amendment
Bill 2003
PART 3--AMENDMENT OF INTEGRATED PLANNING 1
ACT 1997 2
Clause 45 Act amended in pt 3 3
This part amends the Integrated Planning Act 1997. 4
46 Amendment of sch 8 (Assessable, self-assessable and exempt 5
development)
Clause 6
(1) Schedule 8, part 1, section 4-- 7
insert-- 8
`(g) is for the reconfiguration of a South Bank lot within the 9
corporation area under the South Bank Corporation Act 1989.'. 10
(2) Schedule 8, part 3-- 11
insert-- 12
`21D. Development within the meaning of the South Bank Corporation 13
Act 1989, but only until the development completion date under that Act.'. 14
PART 4--AMENDMENT OF RESIDENTIAL 15
TENANCIES ACT 1994 16
Clause 47 Act amended in pt 4 17
The part amends the Residential Tenancies Act 1994. 18
Clause 48 Amendment of s 16 (State as lessor) 19
Section 16(3)-- 20
omit, insert-- 21
`(3) To remove any doubt, it is declared that this Act does not apply to a 22
long term lease entered into or granted by the South Bank Corporation in 23
s 49 45 s 50
South Bank Corporation and Other Acts Amendment
Bill 2003
relation to premises within the South Bank corporation area even if the 1
lease is for, or for purposes that include, residential purposes. 2
`(4) However, if the lessee of a lease mentioned in subsection (3) sublets 3
the land or a part of the land for, or for purposes that include, residential 4
purposes, this Act applies to the sublease. 5
`(5) In this section-- 6
"authorising law" means an Act other than this Act or the State Housing 7
Act 1945. 8
"long term lease" means-- 9
(a) a lease for a term, including renewal options, of at least 10
100 years; or 11
(b) a perpetual lease as defined under the South Bank Corporation 12
Act 1989. 13
"South Bank corporation area" means the corporation area as defined 14
under the South Bank Corporation Act 1989.'. 15
PART 5--AMENDMENT OF RETAIL SHOP LEASES 16
ACT 1994 17
Clause 49 Act amended in pt 5 18
This part amends the Retail Shop Leases Act 1994. 19
Clause 50 Amendment of s 5 (Definitions) 20
(1) Section 5-- 21
insert-- 22
` "South Bank corporation area" means the corporation area as defined 23
under the South Bank Corporation Act 1989.'. 24
(2) Section 5, definition "retail shop lease", paragraphs (b) to (e)-- 25
renumber as paragraphs (c) to (f). 26
(3) Section 5, definition "retail shop lease"-- 27
s 50 46 s 50
South Bank Corporation and Other Acts Amendment
Bill 2003
insert-- 1
`(b) a retail shop within the South Bank corporation area if the lease 2
is a perpetual lease or another lease for a term, including renewal 3
options, of at least 100 years entered into or granted by the South 4
Bank Corporation; or'. 5
47
South Bank Corporation and Other Acts Amendment
Bill 2003
SCHEDULE 1
MINOR AMENDMENTS 2
section 3 3
1 Section 13(3) and (4)-- 4
relocate and renumber as section 13(4) and (3) respectively. 5
2 Part 4 heading-- 6
omit, insert-- 7
` PART 4--OBJECTS, FUNCTIONS AND POWERS'. 8
3 Section 21(9)(b), after `development'-- 9
insert-- 10
`plan'. 11
4 Schedule 1, heading, `CORPORATION'-- 12
omit, insert-- 13
`BOARD'. 14
5 Schedule 1, clause 1, `of the corporation'-- 15
omit. 16
6 Schedule 1, clause 2, `corporation', first and third mention-- 17
omit, insert-- 18
`board'. 19
48
South Bank Corporation and Other Acts Amendment
Bill 2003
SCHEDULE (continued)
7 Schedule 1, clause 2, `of the corporation'-- 1
omit. 2
8 Schedule 1, clause 3(2)(g), `corporation'-- 3
omit, insert-- 4
`board'. 5
9 Schedule 1, clause 4(1) and (2), `of the corporation'-- 6
omit. 7
10 Schedule 1, part 2, heading `CORPORATION'-- 8
omit, insert-- 9
`BOARD'. 10
11 Schedule 1, clause 5, `corporation'-- 11
omit, insert-- 12
`board'. 13
12 Schedule 1, clause 6, `corporation'-- 14
omit, insert-- 15
`board'. 16
13 Schedule 1, clause 7(1), `corporation'-- 17
omit, insert-- 18
`board'. 19
49
South Bank Corporation and Other Acts Amendment
Bill 2003
SCHEDULE (continued)
14 Schedule 1, clause 9(1), `corporation'-- 1
omit, insert-- 2
`board'. 3
15 Schedule 1, clause 10(1) and (2), `corporation'-- 4
omit, insert-- 5
`board'. 6
16 Schedule 1, clause 11(1), `corporation'-- 7
omit, insert-- 8
`board'. 9
17 Schedule 1, clause 12(1), `corporation', second and third 10
mention-- 11
omit, insert-- 12
`board'. 13
18 Schedule 1, clause 13(1), `corporation', second mention-- 14
omit, insert-- 15
`board'. 16
19 Schedule 1, clause 14(1), `of the corporation', first mention-- 17
omit. 18
20 Schedule 1, clause 14(1), `by the corporation'-- 19
omit, insert-- 20
`by the board'. 21
50
South Bank Corporation and Other Acts Amendment
Bill 2003
SCHEDULE (continued)
21 Schedule 1, clause 14(1), `of the corporation', second mention-- 1
omit, insert-- 2
`of the board'. 3
22 Schedule 1, clause 14(2), `corporation's'-- 4
omit, insert-- 5
`board's'. 6
23 Schedule 1, clause 15(1), `of the corporation', first mention-- 7
omit. 8
24 Schedule 1, clause 15(1), `by the corporation'-- 9
omit, insert-- 10
`by the board'. 11
25 Schedule 1, clause 15(1)(d), `of the corporation'-- 12
omit, insert-- 13
`of the board'. 14
26 Schedule 1, clause 15(2), (3) and (4), `corporation'-- 15
omit, insert-- 16
`board'. 17
27 Schedule 9, `22A'-- 18
omit, insert-- 19
`22AB'. 20
51
South Bank Corporation and Other Acts Amendment
Bill 2003
SCHEDULE (continued)
28 Schedule 9, `sections 27' to `37'-- 1
omit, insert-- 2
`part 5AB 3
section 37L'. 4
29 Schedule 18, `section 23(7)'-- 5
omit, insert-- 6
`section 17A(7)'. 7
© State of Queensland 2003
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