SANCTUARY COVE RESORT ACT 1985

Queensland Consolidated Acts

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SANCTUARY COVE RESORT ACT 1985 - SCHEDULE 1

SCHEDULE 1 – Names of and uses for zones

Part 1 - Names of zones

Administration Zone

General Residential Zone

Golf Course Zone

Harbour 1 Residential Zone

Harbour Zone

Harbour, River and Waterfront Residential Zone

International Hotel Zone

Primary Thoroughfare Zone

Recreation Club Zone

Village Zone

Part 2 - Uses for zones

• accommodation units

• brewery

• car hire premises

• catering facility

• child care centre

• club

• commercial premises

• commissary

• dwelling house

• educational establishment

• education and care service premises

• fauna park

• gatehouse

• harbour facility

• health care institution

• helipad

• indoor entertainments

• international hotel

• lake

• landscaping

• licensed premises

• liquid fuel depot

• marina

• motel

• outdoor entertainment

• park

• place of assembly

• place of worship

• plant nursery

• premises

• recreation

• recreation club

• residential care facility

• retirement facility

• service station

• shop

• site maintenance depot

• special dwelling house

• thoroughfare

• transport terminal

• utility undertaking

• vehicular parking area

• veterinary surgery

• visitor information centre

• waste transfer facility

• water recreation

• yacht club

Part 3 - Definitions of uses for zones

In part 2 —

"accommodation units" means premises not exceeding 4 storeys in height suitable for and used or intended for use as apartment houses, flats or home units.

"brewery" means premises used or intended to be used for the manufacture, dispensing and packaging for sale of alcoholic beverages brewed wholly or in part from malten hops.

"car hire premises" means premises used or intended for use for the storage of motor vehicles pending their hire to customers.

"catering facility" means premises used for cafes, espresso bars, kiosks, milk bars, restaurants, snack bars, soft drink shops, tea gardens or tea rooms.

"child care centre" means premises used or intended for use for the care of more than 8 children and includes a kindergarten.

"club" means premises in the form of an integrated development whether operated for profit or otherwise and which is used or intended to be used by persons resorting thereto, for social, literary, political, sporting, athletic or other like purposes or by a body or bodies constituted for those purposes whether the whole or part of the premises are premises to which a license under the Liquor Act 1992 applies, and includes premises used or intended to be used for all or any of the following purposes—

(a) the watching of, practising of, receiving or giving instruction in or taking part in, whether for recreation or otherwise—
(i) a sport; or

(ii) a form of athletics; or

(iii) a game not being a sport or form of athletics; or

(iv) health or physical fitness activities; or

(b) a meeting place for persons associated with the club; or

(c) a function room; or

(d) a catering facility.

"commercial premises" means premises used or intended for use as a business office or professional office or for other business or commercial purposes not otherwise specifically defined in this schedule.

"commissary" means a kitchen used for the preparation of food to be distributed to a catering facility.

"dwelling house" means premises which consist of only self-contained accommodation for the exclusive use of persons residing within the site including such outbuildings as are incidental to and necessarily associated with a dwelling house, and does not include accommodation units.

"educational establishment" means premises used or intended to be used as an art gallery or museum and includes craft workshops producing handicrafts, folk art and other art work for sale to the public.

"education and care service premises" see the Education and Care Services National Law (Queensland), section 5 (1) .

"fauna park" means premises used or intended to be used for keeping and viewing either fauna or marine life or both.

"gatehouse" means premises used or intended to be used for the purpose of maintaining security by restricting or regulating public access to the site or any part or parts of the site.

"harbour facility" means any part of the site which has been, or is intended to be, developed to provide a protected navigable water area for the specific use by marine vessels with access to the site and providing for the servicing, mooring or anchorage of vessels, and includes wharves, docks, jetties and the like but does not include marinas or land used or intended for use for residential or commercial purposes.

"health care institution" means premises used or intended for use for the medical care or treatment of persons and includes an ambulance station, a first-aid station, a nursing service and premises used or intended for use by a medical practitioner, optometrist, pathologist, radiologist, physiotherapist, chiropodist, chiropractor or dentist in the practice of his or her profession.

"helipad" means premises used or intended for use for the landing and departure of helicopters and includes facilities used or intended for use in sheltering, securing, servicing, maintaining and repairing helicopters.

"indoor entertainments" includes the conducting or performing indoors of the following—

• amusement parlours or arcades

• bazaars

• billiard saloons

• bowling centres

• cinemas

• competitions

• covered swimming pools

• exhibitions (including tourist attractions)

• games

• gymnasiums

• skating rinks

• squash courts

• stadiums.

"international hotel" means licensed premises which provide at least for—

(a) 250 guest suites each of which—
(i) have bath, shower and toilet facilities;

(ii) have a minimum floor area (including the bath, shower and toilet facilities) of 35.0 m 2;

(iii) is furnished with lounge chairs and a writing table or desk;

(iv) provide facilities for making tea and coffee;

(b) 30 of the guest suites referred to in paragraph (a) to comprise more than 1 room (excluding the bath, shower and toilet facilities);

(c) a dining room or restaurant capable of seating at least 150 persons;

(d) 8 meeting rooms, 1 of which is capable of seating at least 400 persons;

(e) a lobby lounge bar capable of seating at least 60 persons;

(f) parking space for at least 200 cars increasing by at least 2 spaces for each 3 guest suites provided in excess of 300;

(g) air conditioning with a control panel in each suite;

(h) telephone, television and radio in each guest’s suite;

(i) swimming pool and pool snack bar;

(j) adequate space for reception of guests and storage of baggage;

(k) adequate kitchens and storage space for food, liquor and other beverages;

(l) adequate lighting of first-class quality;

(m) carpeting in guest bedrooms and public rooms;

(n) adequate porterage service for guests;

(o) room service for food, liquor and other beverages available for 24 hours of each day;

(p) a valet service available to guests;

(q) a medical service available to guests;

(r) adequate access and parking or buses and taxis for the setting down and picking up of passengers.

"lake" means a body of water whether occurring naturally or artificially constructed, used or intended to be used primarily for ornamental or recreational purposes.

"landscaping" means the treatment of land for the purpose of enhancing or protecting the amenities of any part of the site and the locality in which it is situated by—

(a) screening by fences, walls or other means; or

(b) planting of trees, hedges, shrubs or grass; or

(c) forming of banks, terraces or other earthworks; or

(d) laying out of gardens or courts; or

(e) constructing walkways or tracks.

"licensed premises" means premises in respect of which a license has been issued under the Liquor Act 1992 .

"liquid fuel depot" means premises used or intended to be used for the storage and distribution of flammable or combustible liquids, which premises are required to be licensed under the Building Act 1975 .

"marina" means a building or other structure erected in a harbour facility used for the mooring, servicing, provisioning and fuelling of marine vessels.

"motel" means a building or group of buildings within the same curtilage suitable for and used or intended to be used for the temporary accommodation of travellers and includes restaurant facilities on the same site for use by persons accommodated in the motel.

"outdoor entertainment" includes the conducting or performing outdoors of the following—

• exhibitions

• fairs

• marine aquaria

• promotional activities

• zoological gardens.

"park" means land which is provided for use or intended for use for open air recreation and which—

(a) has been ornamentally laid out or repaired; or

(b) is maintained so as to preserve or enhance its natural beauty; or

(c) has been prepared or is maintained as a grassed or landscaped area;

and includes facilities provided on the land for the enjoyment or convenience of visitors to the park including—

(d) exercise or light refreshment booths; or

(e) picnic places, places for enjoying views, nature areas, vehicular parking areas and footways; or

(f) shelters and other public conveniences; or

(g) children’s play areas.

"place of assembly" means land or premises used or intended for use as a music hall, concert hall, theatre, dance hall or place of public assembly whether or not used for purposes of gain.

"place of worship" means premises used or intended for use primarily for religious activities.

"plant nursery" means premises used or intended for use for the purpose of propagating and nurturing of flowers, grasses, shrubs or trees to be used in connection with the landscaping of the site or used for the interior decorating of any premises contained within the site and includes the purpose of growing of plants for gain and the storage of materials necessarily required in association with landscaping.

"premises" means land, building or other structure or any part thereof.

"recreation" includes—

• boating

• bowling

• bush walking

• fishing

• golfing

• swimming

• tennis.

"recreation club" means a club where the principal area of interest of persons resorting thereto relates to sporting activities, but does not include a yacht club.

"residential care facility" means premises used or intended for use for supervised accommodation, and medical and other support services, for persons who—

(a) can not live independently; and

(b) require regular nursing or personal care.

Examples of a residential care facility—
a convalescent home or nursing home

"retirement facility" means premises used or intended for use for—

(a) accommodation for older members of the community, or retired persons, in independent living units or serviced units; or

(b) amenity and community facilities, a manager’s residence, health care and support services, preparing food and drink or staff accommodation, if the use is ancillary to the use mentioned in paragraph (a) .

"service station" means premises used or intended for use for the fuelling of motor vehicles involving the sale by retail of motor fuel, whether or not the premises are also used or intended for use for—

(a) the sale by retail of any 1 or more of the following—
(i) motor fuel for boats;

(ii) motor fuel for motor mowers;

(iii) lubricating oils and greases;

(iv) batteries;

(v) power and lighting kerosene;

(b) the carrying out of any 1 or more of the following—
(i) the removal, exchange and fitting of tyres;

(ii) minor repairs to tyres and tubes or either of them;

(iii) the supply of air;

(iv) the charging of batteries;

(v) the lubrication of motor vehicles;

(vi) running repairs to a motor vehicle being of a minor nature;

(vii) the washing or cleaning of motor vehicles other than by the use or operation of an automatic or partly automatic process using mechanically operated brushes and washers or either of them and air jet dryers.

"shop" includes any premises used or intended for use for the purpose of displaying or offering goods for sale by retail and includes a hairdressing salon, a barber’s shop, a coin-operated laundry and premises for the reception or return of goods deposited for washing, cleaning or repairing.

"site maintenance depot" means premises used or intended for use for the garaging, servicing and fuelling of any plant and equipment required in connection with the ongoing maintenance of the site including the storage of materials (including fertilisers, pesticides and the like) associated with such maintenance.

"special dwelling house" means a structure constructed or designed to be constructed as a dwelling house which structure is upon land comprising a lot on a group titles plan the foundations of which structure extend from lands above high-water mark to land below low-water mark.

"thoroughfare" means any land used or intended for use to facilitate the traffic of vehicles usually passing on public roads.

"transport terminal" means premises used or intended for use for the loading of goods and people, for transport whether by road, water or air.

"utility undertaking" includes any of the following services—

(a) transport by rail, road, air or water;

(b) undertakings for the supply of water, hydraulic power, electricity or gas or the provision of radio broadcasting, television, telephone, sewerage or drainage services.

"vehicular parking area" means premises used or intended for use solely for the parking or storage of motor vehicles, other transport vehicles, recreation vehicles and boat trailers.

"veterinary surgery" means premises used or intended for use by a veterinary surgeon in the practice of the veterinary surgeon’s profession.

"visitor information centre" means premises used or intended for use for providing information on the activities and attractions available within the site.

"waste transfer facility" means premises used or intended for use for the reception and compaction of refuse and garbage collected within the resort and for loading compacted refuse and garbage upon conveyances for removal from the resort and includes offices and facilities for sheltering, securing, maintaining and repairing conveyances and other machinery used in conveying or compacting refuse and garbage.

"water recreation" includes any land, buildings or other structures or part thereof used for beach and water-oriented recreation including changing rooms, toilets, lifesaving, first aid and kiosk facilities and facilities for the rental of water sports equipment.

"yacht club" means any club where the principal area of interest of persons resorting thereto relates to yachting, boating or marine activities.

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