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Brisbane Markets Bill 2002
BRISBANE MARKETS BILL 2002
EXPLANATORY NOTES
Short Title
The short title of the Bill is the Brisbane Markets Bill 2002.
Policy objective of the Bill and the reasons for it
The objective of the Bill is to facilitate the sale of the Brisbane Markets
assets and business owned and operated by Brisbane Market Corporation
Limited ("BMC"). BMC is a company government owned corporation.
The Government is conducting a competitive bid process to sell the
Brisbane Markets. The Government's due diligence process has revealed
that BMC and its predecessors, the Brisbane Market Authority and the
Brisbane Market Trust, did not obtain all of the required approvals for the
construction of works at, and the use of, the Brisbane Markets site. BMC
and its predecessors operated in good faith on the assumption that they had
legislative immunity from the application of State town planning, building
and other related legislation. There is now uncertainty that immunity
existed for the entire period during which development and construction
occurred on the site, being from March 1960, when the Brisbane Market
Trust was established, to the present.
The way the policy objective will be achieved by the Bill and why this
way of achieving the policy objective is reasonable and appropriate
The Bill will deem that the required approvals have been given or issued
for the construction of works carried out at the Brisbane Markets site, and
the use and occupation of the site, prior to commencement, if any required
approval has not been issued.
The Bill does not remedy development or construction that did not
comply with applicable codes. Further, the Bill does not remove the
powers of a relevant authority to take action where, for example, a building
is dangerous or unfit for use or occupation.
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Brisbane Markets Bill 2002
Legislation is the only effective way to address the issue without
impacting on the timing and integrity of the sale process and the sale price.
Any other course of action will potentially compromise the outcome from
the sale process for the Government and Queensland taxpayers.
Alternative ways of achieving the policy objective
There are no alternative ways considered appropriate for achieving the
policy objective.
Administrative costs for Government implementation of the Bill
There will be no administrative costs for Government of implementing
the Bill.
Consistency with fundamental legislative principles
This Bill is consistent with fundamental legislative principles as outlined
in section 4 of the Legislative Standards Act 1992.
Consultation
Consultation was undertaken with BMC and within the Queensland
Government with the following stakeholders:
· Department of the Premier and Cabinet;
· Department of Local Government and Planning; and
· The Office of the Queensland Parliamentary Counsel.
NOTES ON CLAUSES
Clause 1 specifies the short title of the Act.
Clause 2 provides for a dictionary of defined terms to be used in the Act.
Clause 3 provides that where building work was carried out at the
Brisbane Markets site, the required approvals are taken to have been given
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Brisbane Markets Bill 2002
or issued. The clause will only apply where the building work was carried
out without the required approval.
Building work is defined in the dictionary and includes plumbing and
drainage works and other related works.
Clause 4 provides that where premises were used or occupied at the
Brisbane Markets site, the required approvals are taken to have been given
or issued for the use or occupation. The clause will only apply where the
premises were used or occupied without the required approval.
The clause further provides that the approval has effect for the continued
use or occupation of the premises after commencement of the Act.
SCHEDULE
DICTIONARY
This Schedule provides the dictionary, referred to in clause 2 of the Bill,
that defines particular words used in the Bill.
© State of Queensland 2002