Queensland Consolidated Acts

SANCTUARY COVE RESORT ACT 1985 - SECT 60

60 Establishment of pedestrian mall

(1) Notwithstanding any other law, a pedestrian mall may not be established on the primary thoroughfare except in accordance with the provisions of this section.

(2) At the request in writing of the proprietor or where there is more than 1 proprietor of a majority of proprietors of the land within the Village Zone delivered to the secretary of the primary thoroughfare body corporate, the primary thoroughfare body corporate may in general meeting resolve that a pedestrian mall be established on a part of the primary thoroughfare adjacent to that zone and specified in the resolution.

(3) A pedestrian mall established on a part of the primary thoroughfare shall not limit vehicular access to the Harbour 1 Residential Zone.

(4) The primary thoroughfare body corporate, upon passing a resolution to establish a pedestrian mall shall give notice in writing to all owners and lessees of property in the Harbour Zone, the Village Zone, the Harbour 1 Residential Zone and the International Hotel Zone of the resolution and details of the proposed pedestrian mall (including its location, the extent of restriction upon vehicular traffic to, on or through the pedestrian mall or upon the primary thoroughfare) and, in the case of proprietors of land, the proposed method of meeting the cost of the establishment and maintenance of the pedestrian mall.

(4A) The notice shall specify a date (being not less than 30 days from the giving of the notice) on or before which the owner or lessee may forward any submission in writing to the secretary of the primary thoroughfare body corporate.

(5) After the date specified pursuant to subsection (4A) , the primary thoroughfare body corporate shall make application to the Minister for the Governor in Council’s approval of the establishment of the pedestrian mall.

(5A) The application shall be accompanied by—

(a) a copy of the resolution, certified by the secretary of the primary thoroughfare body corporate, of the primary thoroughfare body corporate resolving that the pedestrian mall be established; and

(b) a copy certified by the secretary of the primary thoroughfare body corporate of the request by the proprietor or, as the case may be, by proprietors of the relevant land for the establishment of the pedestrian mall and, where there is more than 1 proprietor, a certificate by the secretary of the primary thoroughfare body corporate as to the proportion of the number of proprietors making the request; and

(c) all submissions received by the secretary of the primary thoroughfare body corporate (whether before or after the date specified in subsection (4A) ) in respect of the proposed pedestrian mall.

(6) In determining whether to recommend the establishment of a pedestrian mall, the Minister shall have regard to—

(a) the desirability of the proposal; and

(b) the effect thereof on the movement of traffic (including emergency service vehicles) within the site or the adjacent site; and

(c) the cost of its establishment and maintenance and who it is proposed will contribute to the cost.

(7) The Governor in Council, upon the recommendation of the Minister and upon such terms and conditions as to the proper management, operation and use of the pedestrian mall as the Governor in Council thinks fit, may by order in council approve the establishment of the pedestrian mall.

(8) Upon the Governor in Council approving the establishment of a pedestrian mall and from time to time thereafter, the Minister may determine that the cost of the establishment of the pedestrian mall and the maintenance thereof shall be met by specified members of the primary thoroughfare body corporate and the proportion which those members shall contribute.