An Act to provide for the approval of an agreement relating to the planning and development of certain land at Robina in the Shire of Albert, and for other purposes
This Act may be cited as the Local Government (Robina Central Planning Agreement) Act 1992.s 1 amd 1996 No. 15s 3
In this Act—amending Act ...def amending Act ins 1996 No. 15s 4(2)
om 2003 No. 17s 3(1)
drawing no. 8951 B means the zoning plan—(a)identified as drawing no. 8951 B and held at the office of the Council of the City of Gold Coast; andThe plan may be inspected at the office of the Council of the City of Gold Coast by members of the public during office hours on business days.(b)reproduced in the planning agreement, first schedule in a modified form.def drawing no. 8951 B ins 1996 No. 15s 4(2)
existing planning scheme means the scheme that, for the purposes of the Local Government (Planning and Environment) Act 1990, was the planning scheme for the Shire of Albert immediately before the commencement of this Act.first amending Act means the Local Government (Robina Town Centre Planning Agreement) Amendment Act 1996.def first amending Act ins 2003 No. 17s 3(2)
first amending agreement means an agreement in the form of the agreement set out in schedule 2 and made by the parties named in the agreement.def first amending agreement ins 1996 No. 15s 4(2)
further agreement means an amending agreement, other than the first amending agreement or the second amending agreement, the proposed form of which is approved under an Act.def further agreement ins 1996 No. 15s 4(2)
sub 2003 No. 17s 3(1)–(2)
modified planning scheme means the planning scheme applying to the site under section 5.def modified planning scheme ins 1996 No. 15s 4(2)
1995 planning scheme means the scheme that, for the Local Government (Planning and Environment) Act 1990, was the planning scheme for the former Shire of Albert immediately before the commencement of the first amending Act.def 1995 planning scheme ins 1996 No. 15s 4(2)
amd 2003 No. 17s 3(3)
planning agreement means—(a)the Robina Town Centre Planning Agreement; and(b)if the agreement is amended by the first amending agreement, the second amending agreement or a further agreement—the agreement as so amended.def planning agreement sub 1996 No. 15s 4
amd 2003 No. 17s 3(3)
Robina means Robina Land Corporation Pty Ltd ACN 010 159 387.def Robina ins 1996 No. 15s 4(2)
Robina Properties means Robina Properties Pty Ltd ACN 010 147 038.def Robina Properties ins 1996 No. 15s 4(2)
Robina Town Centre Planning Agreement means the agreement made between Robina, Robina Properties and the Council of the Shire of Albert on 18 September 1992, a copy of which is set out in schedule 1 (other than drawing no. 8951 B).def Robina Town Centre Planning Agreement ins 1996 No. 15s 4(2)
second amending Act means the Local Government (Robina Central Planning Agreement) Amendment Act 2003.def second amending Act ins 2003 No. 17s 3(2)
second amending agreement means an agreement in the form of the agreement set out in schedule 3 and made by the parties named in the agreement.def second amending agreement ins 2003 No. 17s 3(2)
site means—(a)before the making of the first amending agreement—the land described in the planning agreement, first schedule, parts 1 and 2; and(b)after the making of the first amending agreement and before the making of the second amending agreement—the land described in the planning agreement, first schedule, parts 1, 2, 7 (section 2) and 10; and(c)after the making of the second amending agreement—the land described in the planning agreement, first schedule, parts 1, 2, 7 (section 2), 10, 11 and 12.def site sub 1996 No. 15s 4
sub 2003 No. 17s 3(1)–(2)
The land referred to in the first schedule, part 1 of the planning agreement is—(a)excluded from its zoning under the existing planning scheme; and(b)included in the zones referred to in the first schedule, part 4 of the planning agreement, as provided for in that part.
3ARezoning of land for first amending agreement
(1)This section applies despite section 3 and only when the first amending agreement is made.(2)Category A land is excluded from its zoning, mentioned in column 2 for the land, under the 1995 planning scheme, and included, for the modified planning scheme, in the zone mentioned in column 3 for the land.(3)Category B land is excluded from its zoning, mentioned in column 2 for the land, under the existing planning scheme, and included, for the modified planning scheme, in the zone mentioned in column 3 for the land.(4)Category C land is excluded from its zoning, mentioned in column 2 for the land, under the existing planning scheme, and included, for the 1995 planning scheme, in the zone mentioned in column 3 for the land.(5)Category D land is excluded from its zoning, mentioned in column 2 for the land, under the modified planning scheme, and included, for the modified planning scheme, in the zone mentioned in column 3 for the land.(6)In this section—category A land means the land described in the planning agreement, first schedule, parts 7 (section 2) and 10, column 1.category B land means the land described in the planning agreement, first schedule, parts 7 (section 1) and 9 (items 3 and 8), column 1.category C land means the land described in the planning agreement, first schedule, part 8, column 1.category D land means the land described in the planning agreement, first schedule, part 9 (other than items 3 and 8), column 1.column means a column shown in the planning agreement, first schedule, parts 7 to 10.item, for land described in the planning agreement, first schedule, parts 7 to 10, means the provision relating to the land having regard to the order in which the provision occurs.s 3A ins 1996 No. 15s 5
3AARezoning of land for second amending agreement
(1)This section applies despite sections 3 and 3A and only when the second amending agreement is made.(2)Category E land is included, for the modified planning scheme, in the zone mentioned in column 3 for the land.(3)Category F land is excluded from its zoning, mentioned in column 2 for the land, under the 1995 planning scheme and included, for the modified planning scheme, in the zone mentioned in column 3 for the land.(4)Category G land is excluded from its zoning, mentioned in column 2 for the land, under the modified planning scheme and included, for the modified planning scheme, in the zone mentioned in column 3 for the land.(5)Category H land is excluded from its zoning, mentioned in column 2 for the land, under the existing planning scheme and included, for the modified planning scheme, in the zone mentioned in column 3 for the land.(6)In this section—category E land means the land described in the planning agreement, first schedule, part 11, column 1.category F land means the land described in the planning agreement, first schedule, part 12, column 1.category G land means the land described in the planning agreement, first schedule, part 13, column 1.category H land means the land described in the planning agreement, first schedule, part 14, column 1.column means a column shown in the planning agreement, first schedule, parts 11 to 14.s 3AA ins 2003 No. 17s 4
(1)Each party to the planning agreement, so far as the planning agreement applies to the site—(a)is taken to have been authorised to enter into the planning agreement; and(b)may do anything the planning agreement authorises it to do; and(c)must do everything that it is required to do under the planning agreement.(2)On and after 15 March 2008, if a local government is permitted or required under the planning agreement to seal a plan of subdivision, it is enough that the local government endorses its approval of the plan of subdivision on the plan.s 4 amd 2008 No. 5s 44
4ANotice of making of amending agreements
The Council of the City of Gold Coast must, by gazette notice, notify the day of the making of the first amending agreement, the second amending agreement and any further agreement.s 4A ins 1996 No. 15s 6
amd 2003 No. 17s 5
(1)The planning agreement, so far as it applies to the site, has the force of law.(2)From the commencement of this Act, the planning scheme applying to the site consists of—(a)subject to subsection (3), the existing planning scheme; and(b)the planning agreement.(3)If there is an inconsistency between the planning agreement and—(a)the existing planning scheme; or(b)a local law of the Council of the City of Gold Coast (whether made before or after the commencement of this Act); or(c)the Local Government (Planning and Environment) Act 1990; or(d)the Building Act 1975;the planning agreement prevails to the extent of the inconsistency.
(4)To remove any doubt, it is declared that, if the existing planning scheme is amended or superseded after the commencement of this Act, the amendment or the superseding scheme does not apply to the site.s 5 amd 1996 No. 15s 7; 2003 No. 17s 6
6Amendment of planning agreement
Before a further agreement may be made—(a)firstly, the process stated in the Integrated Planning Act 1997, schedule 1, for amending a planning scheme up to, but not including, the adoption stage must be complied with for the proposed agreement; and(b)secondly, the form of the proposed agreement must be approved under an Act.s 6 amd 1996 No. 15s 8
sub 2003 No. 17s 7
(1)A person who becomes the registered proprietor of land in the site is, with respect to the land, bound by the planning agreement as if the person had become a party to the agreement instead of Robina and Robina Properties.(2)Subsection (1) does not affect the operation of a provision of the planning agreement that applies only to a person who becomes the registered proprietor of land in the site.Subsection (1) does not affect the operation of a provision of the planning agreement that requires a subsequent purchaser of land in the site to lodge security additional to that which would have been required from Robina or Robina Properties.
8Crown and constructing authorities not bound
Nothing in this Act or the planning agreement binds—(a)the Crown; or(b)a constructing authority (within the meaning of the Acquisition of Land Act 1967) in relation to its acquisition and use of land in the site.
The Governor in Council may make regulations under this Act.s 9 sub 1996 No. 15s 9
10Savings and transitional provisions for first amending agreement
(1)This section applies only when the first amending agreement is made.(2)Any purpose for which premises in the saved site are being lawfully used immediately before the making of the first amending agreement is taken to be a lawful use of the premises under the modified planning scheme.(3)Despite the making of the first amending agreement, the modified planning scheme as in force before the making continues to apply to each final development approval granted, for land in the saved site, by a local government before the making.(4)Each approval (other than a final development approval), consent, permission or notification of conditions granted, for land in the saved site, by a local government before the making of the first amending agreement continues to have effect as if it were granted under the planning agreement after the making.(5)However, if an approval, consent or permission granted before the making of the first amending agreement (the original grant) and mentioned in subsection (4) is subject to a time constraint, the time constraint must be measured from the day of the original grant.(6)A consent mentioned in subsection (4) does not lapse under the Local Government (Planning and Environment) Act 1990, section 4.13(18) until 4 years after the making of the first amending agreement.(7)In this section—saved site means the land contained in the site before the making of the first amending agreement, other than the land described in proposed part 8 set out in clause 2.1.7(b) of the form of agreement in schedule 2.s 10 ins 1996 No. 15s 10
amd 2003 No. 17s 8
11Savings and transitional provisions for second amending agreement
(1)This section applies only when the second amending agreement is made.(2)A use of premises in the site that was lawful immediately before the making of the second amending agreement is taken to be a lawful use of the premises under the modified planning scheme.(3)Each prescribed approval granted by the Council of the City of Gold Coast before the making of the second amending agreement continues to have effect as if it were granted under the modified planning scheme after the making.(4)However, if a prescribed approval granted by the Council of the City of Gold Coast before the making of the second amending agreement is subject to a time constraint, the time constraint must be measured from the day the approval was granted.(5)In this section—prescribed approval means an approval, consent or permission granted for land in the site.s 11 ins 2003 No. 17s 9
Consistent with the provisions of the Act, this schedule only contains the proposed agreement authorised to be entered into by the Act as originally enacted. It does not purport to be either the agreement actually entered into or that agreement as amended from time to time.
sch 2 ins 1996 No. 15 s 11
section 2, definition second amending agreement
sch 3 ins 2003 No. 17 s 10