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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Planning (Urban
Encroachment--Milton
Brewery) Bill 2008
Queensland
Planning (Urban Encroachment--Milton
Brewery) Bill 2008
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Main purpose of Act and its achievement. . . . . . . . . . . . . . . . . . . 4
Part 2 Interpretation
4 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 What is a relevant development application . . . . . . . . . . . . . . . . . 5
6 Words have meanings given by particular Acts . . . . . . . . . . . . . . 5
Part 3 Legal proceedings
7 Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
8 Restrictions on particular legal proceedings . . . . . . . . . . . . . . . . 6
Part 4 Particular obligations
9 Record of relevant development application in appropriate
register ....................................... 8
10 Additional consequence of failure to give notice asking for
affected area notation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
11 Notifying prospective buyers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Part 5 Miscellaneous provisions
12 Publication of particular documents of registered operator . . . . . 11
13 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
14 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Part 6 Transitional provisions
15 Relevant development applications made before
commencement ................................ 12
16 Transitional provision for s 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Schedule 1 Affected area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Schedule 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
2008
A Bill
for
An Act to protect the existing use of the Milton Brewery
Planning (Urban Encroachment--Milton Brewery) Bill 2008
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
1 Short title 3
This Act may be cited as the Planning (Urban 4
Encroachment--Milton Brewery) Act 2008. 5
2 Commencement 6
This Act, other than parts 7 and 8, commences on a day to be 7
fixed by proclamation. 8
3 Main purpose of Act and its achievement 9
(1) The main purpose of this Act is to protect the existing use of 10
the Milton Brewery from encroachment by, and the 11
intensification of, other development. 12
(2) The purpose is to be achieved mainly by restricting particular 13
civil proceedings and criminal proceedings relating to a local 14
law in connection with particular activities relating to the 15
Milton Brewery. 16
Part 2 Interpretation 17
4 Definitions 18
The dictionary in schedule 2 defines particular words used in 19
this Act. 20
Page 4
Planning (Urban Encroachment--Milton Brewery) Bill 2008
Part 2 Interpretation
[s 5]
5 What is a relevant development application 1
(1) A relevant development application is a development 2
application for a material change of use of premises or 3
reconfiguring a lot, other than in relation to the following, in 4
the affected area-- 5
(a) a class 1a or class 1b building; 6
(b) a class 10 building or structure. 7
(2) In this section-- 8
affected area means the area called `Milton Rail Precinct', 9
shown on the map in schedule 1. 10
class, for a building or structure, means its particular 11
classification under the 2008 edition of the Building Code of 12
Australia published by the Australian Building Codes Board. 13
Editor's note-- 14
Building Code of Australia (2008 edition), part A3.2 (Classifications)-- 15
`Class 1a--a single dwelling being-- 16
(i) a detached house; or 17
(ii) one of a group of two or more attached dwellings, each being a 18
building, separated by a fire-resisting wall, including a row house, 19
terrace house, town house or villa unit; ...' 20
`Class 1b--a boarding house, guest house, hostel or the like-- 21
(i) with a total area of all floors not exceeding 300m2 measured over 22
the enclosed walls of the Class 1b; and 23
(ii) in which not more than 12 persons would ordinarily be resident, 24
...' 25
`Class 10--a non-habitable building or structure-- 26
(a) Class 10a--a non-habitable building being a private garage, 27
carport, shed, or the like; or 28
(b) Class 10b--a structure being a fence, mast, antenna, retaining or 29
free-standing wall, swimming pool, or the like.' 30
6 Words have meanings given by particular Acts 31
(1) Words defined under the Environmental Protection Act 1994 32
and used in this Act have the same meanings as they have 33
under that Act. 34
Page 5
Planning (Urban Encroachment--Milton Brewery) Bill 2008
Part 3 Legal proceedings
[s 7]
(2) Words defined under the Integrated Planning Act 1997 and 1
used in this Act have the same meanings as they have under 2
that Act. 3
Part 3 Legal proceedings 4
7 Application of pt 3 5
(1) This part applies to the following development applications-- 6
(a) a relevant development application made after the 7
commencement; 8
(b) a relevant development application made before the 9
commencement for which a decision notice had not 10
been given to the applicant before the commencement; 11
(c) a relevant development application for premises for 12
which-- 13
(i) a development approval has been given for the 14
application before the commencement; and 15
(ii) a certificate of classification has not been given 16
before the commencement. 17
(2) In this section-- 18
certificate of classification see the Building Act 1975, 19
schedule 2. 20
commencement means the commencement of this section. 21
8 Restrictions on particular legal proceedings 22
(1) This section applies to a claim by an affected person that-- 23
(a) a relevant act at the Milton Brewery is, was or will be an 24
unreasonable interference, or likely interference, with an 25
environmental value; and 26
Page 6
Planning (Urban Encroachment--Milton Brewery) Bill 2008
Part 3 Legal proceedings
[s 8]
(b) the relevant act was, or was caused by, the emission of 1
light or noise or the release of contaminants into the 2
atmosphere. 3
(2) The affected person can not take a civil proceeding or a 4
criminal proceeding relating to a local law against any person 5
in relation to the claim if-- 6
(a) the following have been complied with for the relevant 7
act-- 8
(i) the development conditions of the brewery 9
development approval; 10
(ii) any code of environmental compliance applying to 11
the relevant act; and 12
(b) if the relevant act was, or caused, the emission of 13
light--the emission was no more than the intensity of 14
light emitted at any time before the commencement of 15
this section. 16
(3) Subsection (2) applies despite the Environmental Protection 17
Act 1994 or any other Act. 18
(4) This section does not apply if-- 19
(a) either-- 20
(i) the brewery development approval or brewery 21
registration certificate is amended (an amended 22
authority); or 23
(ii) a new development approval or registration 24
certificate is given authorising the carrying out of a 25
chapter 4 activity at the Milton Brewery (a new 26
authority); and 27
(b) the amended authority or new authority authorises 28
greater emissions of light or noise, or a greater release of 29
contaminants into the atmosphere, at the Milton 30
Brewery than is authorised under the brewery 31
development approval, or brewery registration 32
certificate, in force at the commencement of this section. 33
(5) In this section-- 34
Page 7
Planning (Urban Encroachment--Milton Brewery) Bill 2008
Part 4 Particular obligations
[s 9]
affected person-- 1
(a) means the owner, occupier or lessee of premises if the 2
premises is the subject of a relevant development 3
application for a material change of use of the premises 4
or reconfiguring a lot on which the premises is situated; 5
and 6
(b) includes the owner's successors in title. 7
relevant act means an act or omission of a person in carrying 8
out a chapter 4 activity under the brewery development 9
approval or brewery registration certificate. 10
Part 4 Particular obligations 11
9 Record of relevant development application in 12
appropriate register 13
(1) The applicant for a relevant development application must, 14
within 20 business days after making the application, give the 15
registrar notice, in the form approved by the registrar, asking 16
the registrar to keep a record that this Act applies to the 17
premises or lot the subject of the application (an affected area 18
notation). 19
Maximum penalty--200 penalty units. 20
(2) On receiving the notice, the registrar must keep a record so 21
that a search of the appropriate register will show the affected 22
area notation for the lot. 23
(3) If-- 24
(a) the relevant development application is refused, or 25
lapses or is withdrawn before the application is decided; 26
and 27
(b) the applicant has given the registrar a notice under 28
section (1); 29
Page 8
Planning (Urban Encroachment--Milton Brewery) Bill 2008
Part 4 Particular obligations
[s 10]
the applicant must give the registrar notice, in the form 1
approved by the registrar, asking the registrar to remove the 2
record of the affected area notation from the register. 3
Maximum penalty--20 penalty units. 4
(4) As soon as practicable after receiving the notice under 5
subsection (3), the registrar must remove the record of the 6
affected area notation from the register. 7
(5) The registrar may remove the affected area notation from the 8
register if the registrar is satisfied, on reasonable grounds, the 9
relevant development application has been refused, has lapsed 10
or was withdrawn before it was decided. 11
(6) No fee is payable to the registrar for keeping or removing, 12
under this section, a record of the affected area notation. 13
10 Additional consequence of failure to give notice asking 14
for affected area notation 15
(1) This section applies if-- 16
(a) the applicant for a relevant development application 17
enters into a contract with someone else (the buyer) for 18
the buyer to buy the premises or lot the subject of the 19
application, or part of the premises; and 20
(b) at the time of entering into the contract, an affected area 21
notation is not shown on the appropriate register 22
because the applicant has failed to comply with section 23
9(1). 24
(2) The buyer may end the contract at any time before the 25
contract is completed by giving the applicant or the 26
applicant's agent a signed, dated notice of ending of the 27
contract. 28
(3) The notice must state that the contract is ended under this 29
section. 30
(4) If the buyer ends the contract, the applicant must, within 14 31
days, refund to the buyer any deposit paid to the seller under 32
the contract. 33
Page 9
Planning (Urban Encroachment--Milton Brewery) Bill 2008
Part 4 Particular obligations
[s 11]
Maximum penalty--200 penalty units. 1
(5) This section applies despite anything to the contrary in the 2
contract. 3
11 Notifying prospective buyers 4
(1) This section applies if-- 5
(a) a relevant development application is made or has been 6
made before the commencement of this section; and 7
(b) the application is a current application; and 8
(c) anyone (the seller) offers the premises or lot the subject 9
of the application, or part of the premises, (the property) 10
for sale to someone else (a prospective buyer). 11
(2) Before the prospective buyer enters into a contract to buy the 12
property, the seller must give the prospective buyer a notice 13
(an affected area notice) of-- 14
(a) the restrictions under section 8 that may apply to the 15
prospective buyer if the prospective buyer buys the 16
property; and 17
(b) the keeping, under section 9(2), of a record of the 18
affected area notation for the property in the appropriate 19
register. 20
(3) If-- 21
(a) the seller fails to give the prospective buyer an affected 22
area notice for the property; and 23
(b) the prospective buyer enters into a contract with the 24
seller to buy the property; 25
the failure to notify gives the prospective buyer the right to 26
end the contract. 27
(4) The prospective buyer may end the contract at any time before 28
the contract is completed by giving the seller or the seller's 29
agent a signed, dated notice of ending of the contract. 30
(5) The notice must state that the contract is ended under this 31
section. 32
Page 10
Planning (Urban Encroachment--Milton Brewery) Bill 2008
Part 5 Miscellaneous provisions
[s 12]
(6) If the prospective buyer ends the contract, the seller must, 1
within 14 days, refund to the prospective buyer any deposit 2
paid to the seller under the contract. 3
Maximum penalty--200 penalty units. 4
(7) This section applies despite anything to the contrary in the 5
contract. 6
(8) To remove any doubt, it is declared that this section applies-- 7
(a) even if the offer for sale is made by someone other than 8
the applicant for the relevant development application; 9
and 10
(b) if the seller is not the applicant--whether or not the 11
seller received an affected area notice for the property; 12
and 13
(c) regardless of the number of times the property has been 14
sold since the making of the development application. 15
(9) In this section-- 16
current application means a relevant development application 17
that has not been refused, or has not lapsed or been withdrawn 18
before the application is decided. 19
Part 5 Miscellaneous provisions 20
12 Publication of particular documents of registered 21
operator 22
(1) The registered operator, named in the brewery registration 23
certificate, must publish on the registered operator's 24
website-- 25
(a) the brewery registration certificate; and 26
(b) the brewery development approval and the development 27
conditions of the approval. 28
Page 11
Planning (Urban Encroachment--Milton Brewery) Bill 2008
Part 6 Transitional provisions
[s 13]
Editor's note-- 1
At the commencement of this section, the registered operator's website 2
address is . 3
(2) A failure to comply with subsection (1) does not affect the 4
operation of section 8. 5
13 Regulation-making power 6
(1) The Governor in Council may make regulations under this 7
Act. 8
(2) A regulation may impose a penalty of no more than 20 penalty 9
units for contravention of a regulation. 10
14 Review of Act 11
(1) The Minister must, within 5 years after the date of assent of 12
this Act, carry out a review of the operation and effectiveness 13
of this Act. 14
(2) The Minister must, as soon as practicable after the review is 15
finished, cause a report on its outcome to be laid before the 16
Legislative Assembly. 17
Part 6 Transitional provisions 18
15 Relevant development applications made before 19
commencement 20
(1) Section 9(1) applies to a relevant development application 21
mentioned in section 7(1)(b) or (c) as if a reference to `20 22
business days after making the application' were replaced by 23
`20 business days after the commencement of this section'. 24
(2) Section 9(3) and (4) does not apply to a relevant development 25
application mentioned in section 7(1)(c). 26
Page 12
Planning (Urban Encroachment--Milton Brewery) Bill 2008
Part 6 Transitional provisions
[s 16]
16 Transitional provision for s 11 1
(1) If a prospective buyer entered into a contract to which section 2
11 applies to buy a property before the commencement of this 3
section, section 11 does not apply to the contract. 4
(2) The prospective buyer does not have the right to end the 5
contract under that section only because the seller did not give 6
the prospective buyer an affected area notice before the 7
prospective buyer entered into the contract. 8
(3) The failure to give the prospective buyer an affected area 9
notice does not constitute a breach of the contract by the 10
seller. 11
Page 13
Page 14
Map Produced by DIP Spatial Services
October 2008.
Schedule 1
Milton Rail Precinct Cadastre: September 2008
GIVE
N TE
RRAC
E
COUN
TESS
STREET
Legend CAX
TON
STR
EET
Schedule 1
EET
MBE STR
Rail Stations SE
CO EE
T
HALE STR
6
Precinct Boundary Point Stations
FER
NBE
ELIZABE
Milton Precinct Frame Study Area
RG
TH STREET
E
CE AC
ROA
RRA RR
D
R TE TE
IE
Queensland Rail SSLE
HEU
PETR
FIN
5
NASH STRE
ET
CHL
BA A STREET
RO
ON UPPER ROM ROMA
STRE
A ET ET
EY S
Cadastre RO SK RE
AD 7 EW ST
TRE
UL
ST
SA
ET
3 RE
ET
4
NO
RT
H
QU
AY
BA
PASS
RO
VER
ON
VE O
A
DRI
WILLIA
HE
COR
RO
Milton Rail Station O N A TI ON
AD
8 2
M JOLLY
BRIDGE
TO
AD
RW
RO
OO
IG
D
HA
ST
RE
ET
PAR
KR
9 E
IV
Affected area
DR
OAD
N
TIO
NA
RO
Planning (Urban Encroachment--Milton Brewery) Bill 2008
AD CO
RO
N
TO
MIL 10
Precinct Boundary Points
11
Projected Coordinate System: GDA_1994_MGA_Zone_56
Point Easting Northing
1 500397.453436 6960997.764750
2 501115.949926 STREET 6961626.321260
EL
3 PE
501008.275437 6961844.097720
4 500884.670719 6961798.471420
5 500824.709156 6961963.517800
D 6 500854.660174 6962160.126380
1
ME
OA
ER
RIV
7 500118.562894 6961882.796100
STREET
GU
AL
TA
ES
ON 8 499820.183368 6961626.370680
TR
M
DARY
EE
T
9 499977.276271 6961436.739500
BOUN
0 60 120 240 360 480
ED
10 500009.089391 6961301.604200
MO
ND
Metres 11 500047.916852 6961289.309010
ST
ON
ES
TR
EE
T
CO
RD
EL
E
IA
IV
© Copyright the State of Queensland (Department of Infrastructure and Planning) 2008
No liability accepted for any loss or damage which may arise from the use of or reliance upon this information.
section 5(2)
2
1
Planning (Urban Encroachment--Milton Brewery) Bill 2008
Schedule 2
Schedule 2 Dictionary 1
section 4 2
affected area notation see section 9(1). 3
affected area notice see section 11(2). 4
appropriate register, for a lot or property, means the register 5
the registrar keeps under an Act, in which register the lot or 6
property is registered. 7
brewery development approval means the development 8
approval in force at the commencement of section 8 to carry 9
out the chapter 4 activities, stated in the approval, at the 10
Milton Brewery. 11
brewery registration certificate means the registration 12
certificate in force at the commencement of section 8 13
authorising the registered operator, named in the certificate, to 14
carry out the chapter 4 activities, stated in the certificate, at the 15
Milton Brewery. 16
Note-- 17
At the commencement of this definition-- 18
(a) the registered operator named in the brewery registration certificate 19
is Castlemaine Perkins Pty Limited; and 20
(b) the chapter 4 activities stated in the brewery registration certificate 21
are-- 22
(i) environmentally relevant activity 17 (Fuel Burning); and 23
(ii) environmentally relevant activity 29(b) (Beverage 24
Production). 25
Milton Brewery means the brewery situated on lot 35 on plan 26
SL805565. 27
Editor's note-- 28
The address for the Milton Brewery is 185 Milton Road, Milton. 29
notice means a notice in writing. 30
owner see the Environmental Protection Act 1994, schedule 3. 31
Page 15
Planning (Urban Encroachment--Milton Brewery) Bill 2008
Schedule 2
premises see the Integrated Planning Act 1997, schedule 10. 1
registrar means the registrar of titles under the Land Title Act 2
1994 or another person who, under an Act, is responsible for 3
keeping a register for dealings in land. 4
relevant development application see section 5(1). 5
© State of Queensland 2008
Page 16
AMENDMENTS TO BILL
Planning (Urban Encroachment--Milton Brewery) Bill 2008
Planning (Urban Encroachment--Milton
Brewery) Bill 2008
Amendments agreed to during Consideration
1 Clause 2 (Commencement)
Page 4, line 7, `, other than parts 7 and 8,'--
omit.
2 Clause 8 (Restrictions on particular legal proceedings)
Page 7, lines 1 to 3--
omit, insert--
`(b) the relevant act was, or was caused by, the emission of
aerosols, fumes, light, noise, odour, particles or smoke.'.
© State of Queensland 2009
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