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TOWNSVILLE CITY COUNCIL
(DOUGLAS LAND DEVELOPMENT) BILL
1992
EXPLANATORY NOTES
Part 1--Preliminary
Clause 1 sets out the short title of the Act
Clause 2 sets out the object of the Act which is to provide for the
development of land, owned by the Townsville City Council at Douglas,
Townsville.
Clause 3 sets out in general terms, how the object of the Act is to be
achieved.
Clause 4 defines various terms used in the Act.
Part 2--Concept Plan
Clause 5 provides that the Council must prepare a concept plan for the
site which indicates the Council's general planning intentions.
The concept plan must consist of a map or a series of maps showing
preferred land uses within the site and appropriate supporting documents
indicating the type, scale and density generally of proposed development.
Clause 6 provides that the proposed concept plan must be formally
adopted by the Council.
Clause 7 requires the Council to give public notice of the proposed
concept plan and invite submissions, from interested persons or groups in
relation to the contents of the proposed concept plan, within a specified time
(20 working days).
Clause 8 sets out the manner in which a person or group must make
submissions to the Council in relation to the proposed concept plan.
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Clause 9 provides that the Council must consider all submissions
properly made in relation to the proposed concept plan and may modify the
proposed concept plan following the consideration of those submissions.
Clause 10 provides that the Council must apply to the Minister for
approval of the concept plan by the Governor in Council.
The Governor in Council may approve, by regulation, the concept plan
with or without modification or may refuse to approve the concept plan.
Clause 11 requires the Council and the Chief Executive of the
Department of Housing, Local Government and Planning to keep a copy of
the approved concept plan available for inspection by any person at their
offices in Townsville during which those offices are open for the transaction
of public business.
A copy of the concept plan can be purchased by any person from the
Council and the Chief Executive on the payment of an appropriate fee.
Clause 12 enables the Council to propose an amendment of the concept
plan which applies to any part of the site in respect of which development
has not commenced.
Clause 13 requires the Council to give public notice of any proposed
amendment of the concept plan and invite submissions, from interested
persons or groups in relation to the proposed amendments, within a
specified time (10 working days).
Clause 14 sets out the manner in which a person or group must make
submissions to the Council in relation to the proposed amendment of the
concept plan.
Clause 15 provides that the Council must consider all submissions
properly made in relation to the proposed amendment of the concept plan
and may modify the proposed amendment following consideration of those
submissions.
Clause 16 provides that the Council must apply to the Minister for
approval of the amendment of the concept plan by the Governor in Council.
The Governor in Council may approve, by regulation, the amendment of
the concept plan with or without modification or may refuse to approve the
amendment.
If the amendment is approved, the concept plan as amended becomes the
concept plan.
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Part 3--Expressions of Interest and Related Agreements
Clause 17 provides that after the concept plan is approved by the
Governor in Council, the Council must, from time to time, invite
expressions of interest for the purchase, development and subdivision of the
subject land in stages.
Expressions of interest must be invited by advertisement published in a
newspaper circulating in the city of Townsville and in any other newspaper
the Council considers appropriate.
Clause 18 requires the Council to consider all expressions of interest
received by it and prepare a short list of persons considered suitable to
purchase, and capable of developing and subdividing a stage.
The Council may enter into discussions and negotiations with any person
on the short list.
Clause 19 enables the Council, by resolution, to make and perform
agreements with any one or more short listed persons in relation to the
purchase, development and subdivision of a stage or part of a stage in
respect of which expressions of interest have been invited.
The Council may require the purchaser of a stage or part of a stage to
lodge security to ensure compliance with the terms and conditions of the
agreement and that security may take the form of a mortgage given in
favour of the Council over the stage sold.
Any agreement made before a master plan is approved must be
conditional on the master plan being approved.
In deciding who is the most appropriate person to purchase, develop and
subdivide a stage or part of a stage, Council must not only have regard to
financial considerations but also to its planning and social objectives as
outlined in the concept plan.
Clause 20 specifies that anything done by the Council under this Act is a
function of Local Government.
Clause 21 provides that notwithstanding the Local Government Act
1936, the Council is not required to invite tenders or give an opportunity for
the making of quotations in relation to agreements under this Act.
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Part 4--Master Plans
Clause 22 provides that after considering expressions of interest and
entering into discussions and negotiations with short listed persons, the
Council must prepare a master plan for the relevant stage.
The master plan must be generally in accordance with the concept plan
and provide, in detail, for the orderly development of land within the stage.
The master plan must consists of a map or a series of maps accurately
depicting the location of land uses within the stage and appropriate
supporting documents which will regulate the use of premises, the erection
of buildings and other structures and the subdivision of land within the
stage.
Clause 23 provides that the Council must apply to the Minister for
approval of the master plan by the Governor in Council.
The Governor in Council may approve, by regulation, the master plan
with or without modification or may refuse to approve the master plan.
Clause 24 provides that a master plan, once approved, replaces the
concept plan, the Townsville planning scheme and the Council's group title
development by-law in relation to the stage.
Clause 25 requires the Council and the Chief Executive of the
Department of Housing, Local Government and Planning to keep a copy of
approved master plans available for inspection by any person at their offices
in Townsville during which those offices are open for the transaction of
public business.
A copy of a master plan can be purchased by any person from the
Council and the Chief Executive on the payment of an appropriate fee.
Clause 26 provides that the Council may agree to an amendment of a
master plan prior to registration of any plan of subdivision within a stage.
Clause 27 provides that the Council must apply to the Minister for
approval of an amendment of a master plan by the Governor in Council.
The Governor in Council may approve, by regulation, the amendment of
a master plan with or without modification or may refuse to approve the
amendment.
If the amendment is approved, the master plan as amended, becomes the
master plan.
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Clause 28 provides that the Council must implement, administer and
enforce an approved master plan and is itself bound by the master plan.
Part 5--Inclusion of Site or Stages in Planning Scheme
Clause 29 provides that the Council must include the site and may
include any stage in the Townsville planning scheme as soon as practicable
after development works have been completed.
Once the site or any stage is included in the Townsville planning scheme,
master plans cease to apply to the site or any stage and the Council's group
title development by-law again applies.
Clause 30 requires that the inclusion of any site or stage in the
Townsville planning scheme is to be dealt with as if it were an amendment
of a planning scheme under the Local Government (Planning and
Environment) Act 1990.
In preparing an amendment of the Townsville planning scheme, the
Council must have regard to the relevant master plan or plans and any
agreements which have been entered into in relation to any stage.
Any person having an interest in premises within the site or stage that is
included in the Townsville planning scheme has a right to claim
compensation under the Local Government (Planning and Environment)
Act if that person feels that the person's interest is injuriously affected.
Part 6--General Provisions
Clause 31 provides that nothing contained in the Townsville planning
scheme prevents the Council from preparing the proposed concept plan,
calling for expressions of interest in relation to the concept plan or preparing
a master plan for any stage.
Clause 32 provides that notwithstanding section 27 of the Local
Government Act 1936, for the purpose of the levying of rates, a person
who has entered into an agreement with the Council for the purchase,
development or subdivision of any stage is taken not to be the owner of the
land within that stage until registration of the first plan of subdivision.
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Clause 33 enables a person, on the payment of an appropriate fee, to
apply to the Council for one of three classes of planning certificate which
will provide details in relation to any premises within a stage which is
subject to a master plan.
Clause 34 sets out the manner in which proceedings for offences against
any master plans are bought and the maximum penalties for different types
of offences against the master plans.
Clause 35 provides that any conditions, requirements or restrictions in
relation to the use of premises which are imposed by agreement attach to
the land and are binding on successors in title
Clause 36 enables the Governor in Council to make regulations for the
purposes of this Act.
Clause 37 repeals the Townsville City Council (Sale of Land) Act 1973
and the Townsville City Council (Sale of Land) Act Amendment Act 1976.
The Schedule describes the site by metes and bounds and depicts the site
by way of a map.
� The State of Queensland 1992