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Beach Protection Legislation Amendment Bill 2003
BEACH PROTECTION LEGISLATION
AMENDMENT BILL 2003
EXPLANATORY NOTES
GENERAL OUTLINE
Short Title
The short title of the Bill is the Beach Protection Legislation Amendment
Bill 2003.
Policy Objectives of the Legislation
The policy objective of the Bill is to provide certainty for persons who
own land which may have been registered by the Registrar of Titles without
regard to the requirements of section 45 of the Beach Protection Act 1968
and to ensure that persons who are presently unable to register lots 82 to 96
on plan SP 143333 at Monterey Keys, are allowed to do so while also
ensuring that no future subdivision of land occurs on this development until
land is surrendered to the State in accordance with the stated requirements
of the Governor in Council.
Reasons for the Bill
The Bill incorporates legislative changes necessary to remove
uncertainty in relation to the legality of the registration of instruments of
title for allotments where consent for the subdivision was required from the
Governor in Council under the Beach Protection Act 1968 but not given.
The Bill also provides for dealings, which are specific to the Monterey
Keys development on the Gold Coast. It is considered desirable to remove
any uncertainty regarding these issues before the Beach Protection Act
1968 is repealed on 20 October 2003 by the commencement of the Coastal
Protection and Management and Other Legislation Amendment Act 2001.
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Beach Protection Legislation Amendment Bill 2003
Achieving the Objective
The objective of the Bill will be achieved by enacting amendments to the
Beach Protection Act 1968 and the Coastal Protection and Management
and Other Legislation Amendment Act 2001 to:
(a) protect the interests of purchasers of land for lots 82 to 96 on
plan SP 143333 at Monterey Keys where the developer of the
land has not complied with Governor in Council consent
requirements pursuant to Section 45 of the Beach Protection Act
1968, and
(b) prevent any further subdivision of land described as lot 100 on
SP 143333 until such time as the developer has complied with a
condition of a Governor in Council consent requiring surrender
of land to the State, and
(c) remove any uncertainty in relation to land for which an
instrument of title has been recorded by the Registrar of Titles
without the developer providing the requisite certification from
the Beach Protection Authority under the Beach Protection Act
1968, stating that the consent has been given by the Governor in
Council and that any terms and conditions have been complied
with.
Alternatives to the Bill
Legislative amendment was considered to be the most effective and
efficient way to achieve the above objectives. An alternative which would
reduce the uncertainty on the legality of the registration of the plans, would
be for the Registrar of Titles to take action under section 26 of the Land
Titles Act 1994 to either:
(a) apply to the Supreme Court for direction: or
(b) state a case for decision by the Supreme Court,
on whether it is lawful to register a plan which has a Governor in Council
consent under the Beach Protection Act 1968 where a condition of consent
has not been complied with.
Resolution of the issues as outlined above, would mean that the Court
rather than the Government made the decision as to whether Section 45 of
the Beach Protection Act 1968 allows registration of part of a relevant
subdivision, or whether the whole of the subdivision must be registered at
the same time.
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Beach Protection Legislation Amendment Bill 2003
Administrative costs and savings to Government
Clarifying the requirements with respect to the status of the existing
titles which have been registered without the certification of the secretary
of the Beach Protection Authority will provide clarity to Government and
the community and should provide savings to Government through
reductions in legal costs.
Consistency with Fundamental Legislative Principles
Section 4(3)(a) of the Legislative Standards Act 1992 requires legislation
to have sufficient regard for the rights and liberties of individuals. The
proposed amendments clarify the earlier position where the consent of the
Governor in Council had been given subject to a condition of surrendering
land to the State and, if the applicant had proceeded according to plan, a
case for compensation would not arise under the Beach Protection Act
1968. The proposed amendment is also beneficial because it ensures the
public is protected from being placed in the same position as the current
land owners at Monterey Keys.
Consultation
Limited consultation has occurred with stakeholders affected by the
actions taken by the developers of Monterey Keys. The provisions of the
Bill have been developed by the Environmental Protection Agency in
conjunction with the Departments of Natural Resources and Mines, the
Department of the Premier and Cabinet, the Department of Local
Government and Planning, and Crown Law.
NOTES ON PROVISIONS
PART 1--PRELIMINARY
Clause 1 Short title
Clause 1 sets out the short title of the proposed Act.
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Beach Protection Legislation Amendment Bill 2003
PART 2--AMENDMENT OF BEACH PROTECTION ACT
1968
Clause 2 Act amended in pt 2
Clause 2 provides that part 2 amends the Beach Protection Act 1968.
Clause 3 Insertion of new sections 61, 62 and 63
Clause 3 inserts new sections 61, 62 and 63 after section 60 of the Beach
Protection Act 1968
61 Particular plan of subdivision may be registered
Section 61 declares that despite the requirements of section 45 of the
Beach Protection Act 1968 the Registrar of Titles, may register the
plan of subdivision SP 143333 which has been lodged with the
Register of Titles under the Land Title Act 1994 and which establishes
lots 82 to 96 and lot 100. This will allow those persons who have paid
deposits for lots 82 to 96 on plan SP 143333 to obtain title for these
lots, thereby reducing any uncertainty about the legality of such an
action on behalf of the Registrar of Titles and protecting the interests
of those persons where the developer has not yet complied with
Governor in Council consent requirements pursuant to Section 45 of
the Beach Protection Act 1968.
62 Validation of particular plans of subdivision
Section 62 (1) provides explicit direction that in circumstances where
a plan of subdivision has been registered under the Land Title Act
1994 and the requirements of section 45 of the Beach Protection Act
1968 applied to any part of the plan (certification by the secretary of
the Beach Protection Authority that the necessary consent had been
given by the Governor in Council and that any condition have been
complied with) then 62 (2) applies.
Section 62(2) declares that if an indefeasible title has been created
under the Land Title Act 1994 following registration of the plan, then
the titles are and remain lawfully created titles despite any
requirements which may not have been fulfilled under section 45 of
the Beach Protection Act 1968. This section will ensure that, in those
circumstances where the plan of subdivision should have been
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Beach Protection Legislation Amendment Bill 2003
forwarded to the secretary of the Beach Protection Authority to certify
that the consent of the Governor in Council had been obtained for the
subdivision and that the conditions of the consent had been complied
with, and the Registrar of Titles registered titles without this
certification, the registration of the titles is lawful. As this situation
has already occurred for other subdivisions without significant
impacts on coastal management, it is desirable to clarify the legality of
such registrations prior to the repeal of the Beach Protection Act 1968
on 20 October 2003.
63 Protection of erosion prone area
Section 63(1) declares that after the plan of subdivision SP 143333 has
been registered in accordance with section 61 of the Beach Protection
Act 1968, no further subdivision of land comprising lot 100 on plan
SP 143333 may occur until such time as the developer has surrendered
land referred to as the "erosion prone area" to the State as a reserve for
`Beach Protection and Coastal Management' purposes. This will
further enhance the protection of Queensland's coastal environment
by making it clear that no further subdivision of land on SP 143333
may occur until the stated requirements of the Governor in Council
condition requiring land to be surrendered to the State, has been
complied with.
Section 63(2) provides the definition of "erosion prone area" for the
purpose of section 63(1) by reference to a strip of land along Saltwater
Creek which is (a) designated in various maps; and (b) mentioned in
the consent of the Governor in Council given on 19 September 2002.
This definition is different to the definition of erosion prone area in
other parts of the Coastal Protection and Management Act 1995.
PART 3--AMENDMENT OF COASTAL PROTECTION
AND MANAGEMENT AND OTHER LEGISLATION
AMENDMENT ACT 2001
Clause 4 Act amended in pt 4
Clause 4 provides that part 3 amends the Coastal Protection and
Management and Other Legislation Amendment Act 2001.
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Beach Protection Legislation Amendment Bill 2003
Clause 5 Insertion of new s 19A
Clause 5 inserts section 19A of the Act in Chapter 2, after section 19.
19A Insertion of new ch6, pt3
Section 19A inserts a new chapter 6, part 3.
PART 3--TRANSITIONAL PROVISIONS FOR
BEACH PROTECTION LEGISLATION
AMENDMENT ACT 2003
The Coastal Protection and Management and Other Legislation
Amendment Act 2001 will insert a new Section 122 in the Coastal
Protection Management Act 1995.Section 122(1) declares that after
the plan of subdivision SP 143333 has been registered in accordance
with section 61 of the Beach Protection Act 1968, no further
subdivision of land comprising lot 100 on plan SP 143333 may occur
until such time as the developer has surrendered land referred to as the
"erosion prone area" to the State as a reserve for `Beach Protection
and Coastal Management' purposes. This will further enhance the
protection of Queensland's coastal environment by making it clear
that no further subdivision of land on SP 143333 may occur until the
stated requirements of the Governor in Council condition requiring
land to be surrendered to the State, has been complied with. It is
considered necessary to place this section in the Coastal Protection
and Management and Other Legislation Amendment Act 2001 as
section 63 of the Beach Protection Act 1968 will cease to have any
effect when the Act is repealed on 20 October 2003.
Section 122(2) provides the definition of "erosion prone area" for the
purpose of section 122(1) by reference to a strip of land along
Saltwater Creek which is (a) designated in various maps; and (b)
mentioned in the consent of the Governor in Council given on 19
September 2002. This definition is different to the definition of
erosion prone area in other parts of the Coastal Protection and
Management Act 1995.
© State of Queensland 2003