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1
Local Government (Morayfield Shopping Centre Zoning)
LOCAL GOVERNMENT (MORAYFIELD
SHOPPING CENTRE ZONING) BILL 1996
EXPLANATORY NOTES
GENERAL OUTLINE
Objectives of the Legislation
The objectives of the legislation are to rezone an area of land as part of a
major shopping centre development, and to provide for planning deeds
between the development company and the Caboolture Shire Council by
way of regulation. The planning deeds will contain conditions under which
the development and use of the site will proceed in keeping with the
objectives of the zone. Any subsequent changes to the zone or uses within
the zone, will be dealt with under the provisions of the Local Government
(Planning and Environment) Act 1990. The Act will expire one (1) year
after its commencement.
Estimated Cost for Government Implementation
The are no additional costs incurred by the Government. No
compensation will be payable by the State or the Council from the
enactment or operation of the Act.
Fundamental Legislative Principles
The provisions of the Bill are consistent with the fundamental legislative
principles provided for in the Legislative Standards Act 1992.
Consultation
The development company and the Caboolture Shire Council have been
consulted on the provisions of the Bill and are supportive of the Bill.
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Local Government (Morayfield Shopping Centre Zoning)
NOTES ON PROVISIONS
Clause 1 sets out the short title of the Act.
Clause 2 sets out the definitions of the terms "central commercial zone",
"column 3 purposes", "council", "Keylim", "Morayfield shopping centre
land", "Planning Act", "planning deed", "planning scheme", "rezoned
Morayfield shopping centre land" to be used in the Act.
Clause 3 provides for that part of the Morayfield shopping centre land
not already zoned central commercial, to be rezoned to central commercial
under the Caboolture Shire planning scheme.
Provides that the land may be used for column 3 purposes taken to
include:
-- indoor entertainment (as defined under the Caboolture Shire
planning scheme);
-- a use stated in a planning deed;
-- the coming from or the going to any part of the development site
or adjoining land.
Clause 4 provides that development and use of the rezoned Morayfield
shopping centre land cannot proceed until the first planning deed is made by
the parties to it, and must be in accordance with planning deeds as approved
by regulation under Section 8.
Development of lands with existing central commercial zoning preceding
this Act, can continue under current conditions of approval until such time
they are superseded by a new planning deed applicable to the entire
development site.
Provides that the Council must keep copies of each planning deed entered
into, for public inspection.
Makes clear that the Council is authorised to enter into such planning
deeds.
Clause 5 validates anything done on the Morayfield shopping centre land
under a planning deed, as being lawful.
Clause 6 provides that anything which can now be lawfully done on the
Morayfield shopping centre land is not affected by the operations of this
Act.
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Local Government (Morayfield Shopping Centre Zoning)
Clause 7 provides that compensation is not payable by the State or the
Council because of the enactment, operation of, or giving effect to this Act.
Clause 8 provides that within six (6) months of the commencement of
this Act, the Governor in Council may make a regulation approving of the
form of planning deeds between the development company, the Council,
and any other party named in the deed.
Provides that the Council must notify the making of planning deeds by a
notice in the gazette.
Clause 9 removes any doubt that the Act is taken to operate as an
amendment to the planning scheme, and that the provisions of the planning
deed are to be taken as conditions attached to the amendment.
Provides for modifications of conditions and changes to the provisions
of the planning deed before the expiry of the Act.
Provides that nothing in this Act prevents the Morayfield shopping centre
land from being dealt with under the Local Government (Planning and
Environment) Act 1990 in the same way as any other land.
Enables the Council and the Department to give effect to the Act such as
by noting the change in zoning on the planning maps.
Clause 10 provides that the effect of this Act continues after it expires in
one (1) year.
Clause 11 provides that the Governor in Council may make regulations
under this Act.
Clause 12 expires this Act one (1) year after its commencement.
Schedule describes the Morayfield shopping centre land to which the Act
applies and identifies which parcel is to be rezoned and those which already
have a central commercial zoning.
© The State of Queensland 1996