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Queensland
TOWNSVILLE CITY
COUNCIL (DOUGLAS LAND
DEVELOPMENT) BILL 1992
Queensland
TOWNSVILLE CITY COUNCIL
(DOUGLAS LAND DEVELOPMENT) BILL
1992
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Object of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 How object is to be achieved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
PART 2--CONCEPT PLAN
5 Concept plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
6 Adoption of proposed concept plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
7 Public notice of proposed concept plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
8 Submissions on proposed concept plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
9 Modification of proposed concept plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
10 Approval of concept plan by Governor in Council . . . . . . . . . . . . . . . . . . . . 8
11 Concept plan to be open for inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
12 Amendment of concept plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
13 Public notice of proposed amendment of concept plan . . . . . . . . . . . . . . . . 9
14 Submissions on proposed amendment of concept plan . . . . . . . . . . . . . . . . . 9
15 Modification of proposed amendment of concept plan . . . . . . . . . . . . . . . . . 10
16 Approval of amendment of concept plan by Governor in Council . . . . . . . . 10
PART 3--EXPRESSIONS OF INTEREST AND RELATED
AGREEMENTS
17 Council to call for expressions of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
2
Townsville City Council (Douglas Land
Development)
18 Consideration of expressions of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
19 Agreements in relation to purchase, development and subdivision . . . . . . . 11
20 Things done under agreements functions of local government . . . . . . . . . . 12
21 Tenders not required for agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
PART 4--MASTER PLANS
22 Council to prepare master plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
23 Approval of master plan by Governor in Council . . . . . . . . . . . . . . . . . . . . . 14
24 Master plan replaces concept plan and Townsville planning scheme . . . . 14
25 Master plan to be open for inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
26 Amendment of master plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
27 Approval of amendment of master plan by Governor in Council . . . . . . . . . 15
28 Council to administer master plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
PART 5--INCLUSION OF SITE OR STAGES IN PLANNING
SCHEME
29 When site or stages included in planning scheme . . . . . . . . . . . . . . . . . . . . 16
30 Procedure for inclusion in planning scheme . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART 6--GENERAL PROVISIONS
31 Inconsistency with Townsville planning scheme . . . . . . . . . . . . . . . . . . . . . 17
32 Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
33 Planning certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
34 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
35 Conditions, requirements and restrictions attach to the land . . . . . . . . . . . . 20
36 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
37 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 21
METES AND BOUNDS DESCRIPTION
1992
A BILL
FOR
An Act for the development of land at Douglas, Townsville, and
related purposes
4
Townsville City Council (Douglas Land
Development)
BE IT ENACTED by the Queen's Most Excellent Majesty, by and with 1
the advice and consent of the Legislative Assembly of Queensland in 2
Parliament assembled, and by the authority of the same, as follows. 3
PART 1--PRELIMINARY 4
title 5
Short
This Act may be cited as the Townsville City Council (Douglas 6
Clause1.
Land Development) Act 1992. 7
of Act 8
Object
The object of this Act is to provide for the development of land, 9
Clause2.
owned by the Townsville City Council at Douglas, Townsville, in a way 10
consistent with appropriate planning and development practices in order to 11
achieve a well planned community. 12
object is to be achieved 13
How
Clause3. The object of this Act is to be achieved by-- 14
(a) authorising the Townsville City Council to prepare a concept plan 15
that sets out the Council's planning intentions for the land at 16
Douglas, Townsville; and 17
(b) allowing public submissions on the proposed concept plan; and 18
(c) enabling the Governor in Council to approve the concept plan; 19
and 20
(d) authorising the Townsville City Council to call for expressions of 21
interest from the private sector for the purchase, development and 22
subdivision of the land in stages over a period of time in 23
accordance with the concept plan; and 24
(e) authorising the Townsville City Council to enter into agreements 25
in relation to the purchase and development of the land and, for 26
that purpose, taking mortgages by way of security for part or all 27
of the purchase price; and 28
5
Townsville City Council (Douglas Land
Development)
(f) authorising the Townsville City Council to prepare master plans 1
for any part of the land in relation to which expressions of interest 2
have been called; and 3
(g) enabling the Governor in Council to approve master plans that-- 4
(i) regulate the orderly development of the land; and 5
(ii) control the use of the developed land; and 6
(h) excluding the planning scheme that applies to any land the subject 7
of a master plan on the approval of the plan by the Governor in 8
Council; and 9
(i) having the planning scheme again apply to the land or any part of 10
the land after its development in accordance with the master plan. 11
12
Definitions
In this Act-- 13
Clause4.
"chief executive" means the chief executive of the department; 14
"clerk" means the Town Clerk of the Council; 15
"concept plan" means the plan mentioned in Part 2; 16
"Council" means the Council of the City of Townsville; 17
"master plan" means a plan mentioned in Part 4; 18
"premises" includes land, buildings and other structures, and any part of 19
land, building and other structures; 20
"site" means the land owned by the Council at Douglas, Townsville, that is 21
specified in the Schedule; 22
"stage" means a part of the site in relation to which expressions of interest 23
are called for its purchase, development and subdivision under this 24
Act; 25
"Townsville planning scheme" means the planning scheme for the City of 26
Townsville in force under the Local Government (Planning and 27
Environment) Act 1990, and includes any by-laws that have effect 28
under that Act as if they were part of the planning scheme; 29
6
Townsville City Council (Douglas Land
Development)
"working day" means a day when the office of the Council is open for 1
transaction of public business. 2
PART 2--CONCEPT PLAN 3
plan 4
Concept
The Council must prepare a proposed concept plan for the site 5
Clause5.(1)
as soon as practicable after the commencement of this Act. 6
(2) The proposed concept plan must-- 7
(a) generally indicate the Council's planning intentions in relation to 8
the site; and 9
(b) consist of-- 10
(i) a map or series of maps depicting the location of the 11
preferred land uses within the site; and 12
(ii) supporting documents in relation to the type, scale and 13
density generally of development within the site. 14
of proposed concept plan 15
Adoption
The proposed concept plan must be adopted by the Council by 16
Clause6.
resolution. 17
notice of proposed concept plan 18
Public
After adoption of the proposed concept plan and before 19
Clause7.(1)
application to the Minister under section 10, the Council must give public 20
notice of the proposed concept plan. 21
(2) The notice must-- 22
(a) specify that the Council has adopted a proposed concept plan for 23
the site; and 24
7
Townsville City Council (Douglas Land
Development)
(b) be published in a newspaper circulating in the City of Townsville; 1
and 2
(c) specify that the proposed concept plan may be inspected, and 3
copies purchased, at the office of the Council between the times 4
specified in the notice; and 5
(d) specify the cost of a copy of the proposed concept plan; and 6
(e) invite submissions from any interested persons or groups; and 7
(f) specify a day (not earlier than 20 working days from publication 8
of the notice) by which submissions may be made to the Council 9
in relation to the proposed concept plan. 10
on proposed concept plan 11
Submissions
A person or group may, on or before the last day for the 12
Clause8.(1)
making of submissions, make a submission to the Council in relation to the 13
proposed concept plan. 14
(2) A submission must-- 15
(a) be in writing and signed by each person or on behalf of each 16
group making the submission; and 17
(b) be addressed to and lodged with the clerk; and 18
(c) state-- 19
(i) the name and address of each person or group making the 20
submission; and 21
(ii) the grounds of the submission and the facts and 22
circumstances relied on in support of the grounds. 23
of proposed concept plan 24
Modification
The Council must consider all submissions properly made to it 25
Clause9.(1)
and may modify the proposed concept plan after considering the 26
submissions. 27
(2) The proposed concept plan, with or without modification, becomes 28
the concept plan once it is adopted by the Council by resolution after 29
8
Townsville City Council (Douglas Land
Development)
consideration of the submissions. 1
of concept plan by Governor in Council 2
Approval
The Council must apply to the Minister for approval of the 3
Clause10.(1)
concept plan by the Governor in Council. 4
(2) The Governor in Council may-- 5
(a) approve the concept plan; or 6
(b) approve the concept plan with modifications; or 7
(c) refuse to approve the concept plan. 8
(3) The concept plan must be approved by regulation. 9
plan to be open for inspection 10
Concept
Clause11.(1) The Council must keep a copy of the concept plan available for 11
inspection at the office of the Council at all times during which the 12
Council's office is open for transaction of public business. 13
(2) The Council must, on payment by a person of the fee decided by the 14
Council, give a copy of the concept plan to the person. 15
(3) The chief executive must keep a copy of the concept plan available for 16
inspection at the office of the chief executive at Townsville at all times 17
during which the chief executive's office is open for transaction of public 18
business. 19
(4) The chief executive must, on payment by a person of the fee decided 20
by the chief executive, give a copy of the concept plan to the person. 21
of concept plan 22
Amendment
The Council may, at any time, propose an amendment of the 23
Clause12.(1)
concept plan in relation to any part of the site that is not the subject of a 24
master plan under Part 4. 25
(2) The proposed amendment must be adopted by the Council by 26
resolution. 27
9
Townsville City Council (Douglas Land
Development)
notice of proposed amendment of concept plan 1
Public
Clause13.(1) After adoption of the proposed amendment of the concept plan 2
and before application to the Minister under section 16, the Council must 3
give public notice of the proposed amendment of the concept plan. 4
(2) The notice must-- 5
(a) specify that the Council has adopted a proposed amendment of 6
the concept plan for the site; and 7
(b) set out the nature of the proposed amendment of the concept plan; 8
and 9
(c) be published in a newspaper circulating in the City of Townsville; 10
and 11
(d) specify that the proposed amendment of the concept plan may be 12
inspected, and copies purchased, at the office of the Council 13
between the times specified in the notice; and 14
(e) specify the cost of a copy of the proposed amendment of the 15
concept plan; and 16
(f) invite submissions from any interested persons or groups; and 17
(g) specify a day (not earlier than 10 working days from publication 18
of the notice) by which submissions may be made to the Council 19
in relation to the proposed amendment of the concept plan. 20
on proposed amendment of concept plan 21
Submissions
A person or group may, on or before the last day for the 22
Clause14.(1)
making of submissions, make a submission to the Council in relation to the 23
proposed amendment of the concept plan. 24
(2) A submission must-- 25
(a) be in writing and signed by each person or on behalf of each 26
group making the submission; and 27
(b) be addressed to and lodged with the clerk; and 28
10
Townsville City Council (Douglas Land
Development)
(c) state-- 1
(i) the name and address of each person or group making the 2
submission; and 3
(ii) the grounds of the submission and the facts and 4
circumstances relied on in support of the grounds. 5
of proposed amendment of concept plan 6
Modification
Clause15.(1) The Council must consider all submissions properly made to it 7
and may modify the proposed amendment of the concept plan after 8
considering the submissions. 9
(2) The proposed amendment of the concept plan, with or without 10
modification, becomes an amendment of the concept plan once it is adopted 11
by the Council by resolution after consideration of the submissions. 12
of amendment of concept plan by Governor in Council 13
Approval
The Council must apply to the Minister for approval of an 14
Clause16.(1)
amendment of the concept plan by the Governor in Council. 15
(2) The Governor in Council may-- 16
(a) approve the amendment; or 17
(b) approve the amendment with modifications; or 18
(c) refuse to approve the amendment. 19
(3) The amendment of the concept plan must be approved by regulation. 20
(4) The concept plan as amended becomes the concept plan. 21
11
Townsville City Council (Douglas Land
Development)
PART 3--EXPRESSIONS OF INTEREST AND 1
RELATED AGREEMENTS 2
to call for expressions of interest 3
Council
Clause17.(1) After the concept plan is approved by the Governor in Council 4
and before master plans apply to every stage of the site, the Council must 5
invite expressions of interest in-- 6
(a) purchasing from the Council any stage that is not the subject of an 7
agreement under section 19; and 8
(b) developing and subdividing the stage generally in accordance with 9
the concept plan. 10
(2) Expressions of interest must be invited by advertisement published in 11
a newspaper circulating in the City of Townsville and in any other 12
newspaper that the Council considers appropriate. 13
of expressions of interest 14
Consideration
Clause18.(1) The Council must consider the expressions of interest received 15
by it and must prepare a short list from the persons who have submitted 16
expressions of interest. 17
(2) The Council may enter into discussions and negotiations with the 18
persons on the short list in relation to the purchase, development and 19
subdivision of the stage. 20
in relation to purchase, development and subdivision 21
Agreements
The Council may resolve to make and perform agreements 22
Clause19.(1)
with any person on the relevant short list under section 18 in relation to the 23
purchase, development and subdivision of a stage for which expressions of 24
interest have been called under this Part. 25
(2) The Council may enter into agreements under subsection (1)-- 26
(a) with more than 1 person; and 27
(b) in relation to a stage or any part of a stage. 28
12
Townsville City Council (Douglas Land
Development)
(3) An agreement entered into under this section may provide-- 1
(a) for the purchase price, or part of the purchase price, to be paid 2
after the transfer of an estate in fee simple in a stage, or a part of a 3
stage, to a person; and 4
(b) that the purchaser must not sell the stage or the part of the stage-- 5
(i) without the prior approval of the Council; or 6
(ii) unless the Council acknowledges, in writing, that the 7
conditions specified in the agreement have been fulfilled. 8
(4) The Council may require the purchaser to give and may take from the 9
purchaser the security the Council considers sufficient to ensure compliance 10
with the terms and conditions of the agreement. 11
(5) The security mentioned in subsection (4) may take the form of a 12
mortgage given by the purchaser in favour of the Council over the land 13
sold. 14
(6) The Council may apply amounts for the purpose of agreements made 15
under this section. 16
(7) If an agreement is made before the master plan for the stage is 17
approved, an agreement under this section must be conditional on a master 18
plan (that is not inconsistent with the agreement) being approved by the 19
Governor in Council. 20
(8) In deciding the most appropriate person to purchase, develop and 21
subdivide a stage or part of a stage, the Council must have regard not only 22
to financial considerations, but also to the planning and social objectives of 23
the Council contained in the concept plan. 24
(9) In resolving under subsection (1) to make and perform agreements 25
with any person on a short list, the Council must specify its reasons for the 26
decision. 27
done under agreements functions of local government 28
Things
Clause20. Anything done by the Council under this Act is a function of local 29
government of the Council. 30
13
Townsville City Council (Douglas Land
Development)
not required for agreements 1
Tenders
Despite the provisions of any other Act, the Council is not 2
Clause21.(1)
required to give notice of intention to invite tenders or to give an opportunity 3
for the making of quotations in relation to agreements to be made under this 4
Part. 5
(2) Sections 19(4) to (10) and 19A and Part 11A of the Local 6
Government Act 1936 do not apply to agreements made under this Part. 7
ART 4--MASTER PLANS 8
P
to prepare master plans 9
Council
After considering the expressions of interest and entering into 10
Clause22.(1)
the discussions and negotiations it considers necessary under section 18, the 11
Council must prepare a master plan for the stage in relation to which 12
expressions of interest have been called. 13
(2) The master plan-- 14
(a) must be generally in accordance with the concept plan; and 15
(b) must-- 16
(i) provide for the orderly development of land within the stage; 17
and 18
(ii) regulate the use of premises, the erection of buildings and 19
other structures and the subdivision of land within the stage; 20
and 21
(c) must consist of-- 22
(i) a map or series of maps that accurately depict the location of 23
the land uses within the stage; and 24
(ii) supporting documents that include the matters mentioned in 25
subsection (3) for the regulation, implementation and 26
administration of the master plan. 27
(3) The matters to be included in the supporting documents mentioned in 28
14
Townsville City Council (Douglas Land
Development)
subsection (2) are requirements for-- 1
(a) the use of premises; and 2
(b) the erection of buildings and other structures; and 3
(c) the subdivision of land; and 4
(d) the keeping of records; and 5
(e) matters relating to offences. 6
of master plan by Governor in Council 7
Approval
The Council must apply to the Minister for approval of a 8
Clause23.(1)
master plan by the Governor in Council. 9
(2) The Governor in Council may-- 10
(a) approve the master plan; or 11
(b) approve the master plan with modifications; or 12
(c) refuse to approve the master plan. 13
(3) A master plan must be approved by regulation. 14
plan replaces concept plan and Townsville planning scheme 15
Master
Clause24. A master plan replaces-- 16
(a) the concept plan; and 17
(b) the Townsville planning scheme; and 18
(c) the Council's by-laws dealing with group title development; 19
in relation to the stage to which it applies from the date of notification in the 20
Gazette of the regulation approving the master plan. 21
plan to be open for inspection 22
Master
The Council must keep a copy of the master plan available for 23
Clause25.(1)
inspection at the office of the Council at all times during which the 24
Council's office is open for transaction of public business. 25
15
Townsville City Council (Douglas Land
Development)
(2) The Council must, on payment by a person of the fee decided by the 1
Council, give a copy of the master plan to the person. 2
(3) The chief executive must keep a copy of the master plan available for 3
inspection at the office of the chief executive at Townsville at all times 4
during which the chief executive's office is open for transaction of public 5
business. 6
(4) The chief executive must, on payment by a person of the fee decided 7
by the chief executive, give a copy of the master plan to the person. 8
of master plan 9
Amendment
A master plan may be amended with the agreement of the 10
Clause26.(1)
Council. 11
(2) The amendment may be done at any time before the registration of a 12
plan of subdivision of land within a stage. 13
of amendment of master plan by Governor in Council 14
Approval
The Council must apply to the Minister for approval of an 15
Clause27.(1)
amendment of the master plan by the Governor in Council. 16
(2) The Governor in Council may-- 17
(a) approve the amendment; or 18
(b) approve the amendment with modifications; or 19
(c) refuse to approve the amendment. 20
(3) The amendment must be approved by regulation. 21
(4) The master plan as amended becomes the master plan. 22
to administer master plan 23
Council
The Council must implement, administer and enforce a master 24
Clause28.
plan approved by the Governor in Council and is bound by it. 25
16
Townsville City Council (Douglas Land
Development)
ART 5--INCLUSION OF SITE OR STAGES IN 1
P
PLANNING SCHEME 2
site or stages included in planning scheme 3
When
The Council must include the site in the Townsville planning 4
Clause29.(1)
scheme as soon as practicable after it is satisfied development of the site has 5
been completed. 6
(2) The Council may at any earlier time include in the Townsville 7
planning scheme any stage in relation to which it is satisfied that 8
development has been completed. 9
(3) Master plans cease to apply to the site or any stage that has been 10
included in the Townsville planning scheme under this Part. 11
(4) The Council's by-laws dealing with group title development apply to 12
the site or any stage on inclusion of the site or stage in the Townsville 13
planning scheme. 14
for inclusion in planning scheme 15
Procedure
The inclusion of the site or any stage in the Townsville 16
Clause30.(1)
planning scheme is taken to be an amendment of a planning scheme under 17
section 2.18(2)(a) of the Local Government (Planning and Environment) 18
Act 1990. 19
(2) The provisions of the Local Government (Planning and 20
Environment) Act 1990 that apply to an amendment of a planning scheme 21
under section 2.18(2)(a) of that Act also apply to the amendment of the 22
Townsville planning scheme by the inclusion of the additional area of the 23
site or any stage in the Townsville planning scheme. 24
(3) The Council must have regard to all matters contained in the master 25
plan or plans and in any agreements under Part 3 in preparing an 26
amendment of the Townsville planning scheme under this section. 27
(4) If a person has an interest in premises within the site or a stage and 28
the interest is injuriously affected when the site or stage is included in the 29
Townsville planning scheme by-- 30
17
Townsville City Council (Douglas Land
Development)
(a) the coming into force of any provisions contained in the 1
Townsville planning scheme; or 2
(b) any prohibition or restriction imposed by the Townsville planning 3
scheme; 4
the person has the same right to claim compensation under the Local 5
Government (Planning and Environment) Act 1990 as a person that has an 6
interest in premises within a planning scheme area that is injuriously 7
affected in the way mentioned in section 3.5(1)(a)(i) or (ii) of the Local 8
Government (Planning and Environment) Act 1990. 9
PART 6--GENERAL PROVISIONS 10
with Townsville planning scheme 11
Inconsistency
Nothing in the Townsville planning scheme prevents the Council 12
Clause31.
from-- 13
(a) preparing the proposed concept plan; or 14
(b) calling for expressions of interest in relation to the concept plan; 15
or 16
(c) preparing a master plan for a stage in relation to which 17
expressions of interest have been called. 18
19
Rates
For the purposes of the levying of rates under section 27 of the 20
Clause32.
Local Government Act 1936, a person who has entered into an agreement 21
with the Council under section 19 is taken not to be the owner of the land 22
the subject of the agreement until registration of a plan of subdivision in 23
relation to the land. 24
18
Townsville City Council (Douglas Land
Development)
certificates 1
Planning
A person may apply to the Council for a planning certificate 2
Clause33.(1)
that provides details in relation to premises within a stage that is subject to a 3
master plan and an agreement under Part 3. 4
(2) The types of planning certificates are-- 5
(a) a limited planning certificate; and 6
(b) a standard planning certificate; and 7
(c) a full planning certificate. 8
(3) The details to be included in each type of planning certificate are the 9
details prescribed by regulation. 10
(4) The fee payable for each type of planning certificate is that decided by 11
the Council. 12
for offences 13
Proceedings
A person must not use premises in contravention of a 14
Clause34.(1)
condition, requirement or restriction imposed by a master plan or by an 15
agreement under Part 3. 16
Maximum penalty--33 penalty units. 17
(2) A person may bring a proceeding on a complaint to prosecute another 18
person for an offence mentioned in subsection (1), whether or not any right 19
of the complainant has been or may be infringed by, or as a consequence of, 20
the offence. 21
(3) A proceeding under this section may be brought by a person on the 22
person's own behalf or on behalf of the person and-- 23
(a) another person, with the person's consent; or 24
(b) an incorporated or unincorporated body (with the consent of its 25
committee or other controlling or governing body); 26
that has like or common interests in the proceeding. 27
(4) A person on whose behalf a proceeding is brought is entitled to 28
contribute to, or provide for the payment of, the legal costs and expenses 29
incurred by the person bringing the proceeding. 30
19
Townsville City Council (Douglas Land
Development)
(5) A person who after conviction for an offence against subsection (1) 1
(the "previous conviction") continues to fail to comply with the condition, 2
requirement or restriction in relation to which the person incurred the 3
previous conviction commits an offence against this Act. 4
Maximum penalty--5 penalty units for each day on which the person 5
continued to fail to comply with the condition, requirement or restriction 6
from the last previous conviction to the person's conviction for the offence 7
against this subsection. 8
(6) Any right or remedy that a person has in respect of an act or 9
omission of another person is not affected because the act or omission 10
constitutes an offence against this section for which no person has been 11
prosecuted. 12
(7) On the hearing of a complaint for an offence under subsection (1), a 13
Magistrates Court may make an order against the defendant in addition to or 14
in substitution for any penalty it is authorised to impose. 15
(8) An order made under subsection (7) may-- 16
(a) order the defendant to cease using premises in contravention of a 17
condition, requirement or restriction imposed by a master plan or 18
by an agreement under Part 3; or 19
(b) order the defendant to do anything required to comply with, or to 20
cease a contravention of, a condition, requirement or restriction 21
mentioned in paragraph (a); or 22
(c) specify that the failure to comply constitutes a public nuisance. 23
(9) The order may be in terms that the court considers appropriate to 24
secure compliance with a condition, requirement or restriction mentioned in 25
subsection (8)(a). 26
(10) If the court makes an order under subsection (7), it must specify in 27
the order a time within which the order is to be complied with. 28
(11) A person who fails to comply with an order under subsection (7) 29
commits an offence. 30
Maximum penalty-- 31
(a) in the case of an individual--33 penalty units; or 32
20
Townsville City Council (Douglas Land
Development)
(b) in the case of a corporation--165 penalty units. 1
(12) If-- 2
(a) a person fails to comply with an order made by the court under 3
subsection (7); and 4
(b) the order specifies that the failure to comply constitutes a public 5
nuisance; 6
the Council may undertake the work necessary to remove the nuisance. 7
(13) All expenses incurred by the Council in removing the nuisance may 8
be recovered from the person by the Council as a debt due to the Council. 9
requirements and restrictions attach to the land 10
Conditions,
Conditions, requirements and restrictions in relation to the use 11
Clause35.(1)
of premises imposed by an agreement under Part 3, that have not been 12
amended, complied with or dispensed with attach to the land and are 13
binding on successors in title. 14
(2) The conditions, requirements and restrictions continue to attach to the 15
land after its inclusion in the Townsville planning scheme. 16
(3) The conditions, requirements and restrictions are then taken to be 17
conditions that attach to the land under the Local Government (Planning 18
and Environment) Act 1990. 19
20
Regulations
The Governor in Council may make regulations for the purposes 21
Clause36.
of this Act. 22
23
Repeal
Clause37. The following Acts are repealed-- 24
(a) Townsville City Council (Sale of Land) Act 1973; 25
(b) Townsville City Council (Sale of Land) Act Amendment Act 1976. 26
21
Townsville City Council (Douglas Land
Development)
CHEDULE 1
¡S
METES AND BOUNDS DESCRIPTION 2
section 4 (definition "site") 3
Starting at a point on the south-eastern bank of Ross River at its intersection 4
with the extended south-western boundary of Lot 141 on R.P. 728211 on a 5
bearing of 331°30' 6
· then south-easterly on a bearing of 151°30' to the north-west 7
corner of Lot 141 on R.P. 728211 8
· then south-easterly along the south-western boundaries of 9
Lots 141 to 151 on R.P. 728211 on bearings of 151°30' for a 10
distance of 44.87 m, on a bearing of 137°08'10'' for a distance of 11
36.57 m, on a bearing of 155° for a distance of 145.0 m 12
respectively to the south-western corner of Lot 151 on R.P. 13
728211 14
· then easterly on a bearing of 89°15'20'' for a distance of 38.835 m 15
along the southern boundary of Lots 151 and 152 on R.P. 728211 16
to the intersection of the north-western corner of Lot 164 on R.P. 17
728210 18
· then southerly on a bearing of 179°15'18'' for a distance of 16.531 19
m and south-easterly on a bearing of 123°30'30'' for a distance of 20
30.0 m along the western and south-western boundaries of Lot 21
164 on R.P. 728210 to its intersection with the north-western 22
alignment of Verhoeven Drive 23
· then southerly on a bearing of 159°15'45'' for a distance of 30.805 24
m to the south-eastern alignment of Verhoeven Drive and its 25
intersection with the western corner of Lot 165 on R.P. 728210 26
· then south-easterly and north-easterly along the south-western 27
and south-eastern boundaries of Lot 165 on R.P. 728210 on 28
22
Townsville City Council (Douglas Land
Development)
SCHEDULE (continued)
bearings of 123°30'30'' for a distance of 30.0 m and a bearing of 1
33°30'30'' for a distance of 20.0 m respectively to the western 2
corner of Lot 173 on R.P. 728210 3
· then south-easterly along the south-western boundaries of 4
Lots 173 and 174 on R.P. 728210 on a bearing of 116°58'20'' for 5
a distance of 70.46 m then continuing on that bearing of 6
116°58'20'' to the south-eastern alignment of Angus Smith Drive 7
and a point on the north-western boundary of Lot 33 on 8
R.P. 737878 9
· then south-westerly, north-westerly, northerly, westerly and 10
south-westerly along the south-eastern, western, southern and 11
south-eastern boundary of Angus Smith Drive to the intersection 12
of that alignment and the southern boundary of Lot 197 on 13
E.P. 1220 the above alignment of Angus Smith Drive also being 14
the boundaries of Lot 33 on R.P. 737878, Lot 6 on R.P. 723278, 15
Lots 1 and 2 on R.P. 731591 and the southern and south-eastern 16
boundaries of the road dividing Lot 106 on E.P. 1150, and 17
Lots 148 and 197 on E.P. 1220 18
· then westerly along the southern boundary of Lot 197 on 19
E.P. 1220 to the bank of Ross River 20
· then by that bank downstream in the directions of northerly, 21
north-easterly, easterly, south-easterly and north-easterly 22
respectively to the point of commencement enclosing an area of 23
about 245 ha. 24
23
Townsville City Council (Douglas Land
Development)
SCHEDULE (continued)
MAP OF THE SITE 1
2
© State of Queensland 1992
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