QueenslandLOCALGOVERNMENT(HARBOURTOWNZONING)ACT1990Reprinted as in force on 13 December
1995(includes amendments up to Act No. 57 of
1995)Reprint No. 1This reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThis
Act is reprinted as at 13 December 1995.The
reprint—•showsthelawasamendedbyallamendmentsthatcommencedonorbeforethat day
(Reprints Act 1992 s 5(c))•incorporatesallnecessaryconsequentialamendments,whetherofpunctuation,numbering or
another kind (Reprints Act 1992 s 5(d)).Thereprintincludesareferencetothelawbywhicheachamendmentwasmade—see List of legislation and List of
annotations in endnotes.MinoreditorialchangesallowedundertheprovisionsoftheReprintsAct1992mentioned in the following list have
also been made to—•use standard punctuation consistent
with current drafting practice (s 27)•use
expressions consistent with current drafting practice (s 29)•reorder provisions consistent with
current drafting practice (s 30A)•use
appropriate names for instruments and provision units (s
33A)•relocate marginal or cite notes (s
34)•use aspects of format and printing
style consistent with current drafting practice(s 35)•omit provisions that are no longer
required (s 39)•omit the enacting words(s 42A).Also
see endnotes for information about—•when
provisions commenced•editorialchangesmadeinthereprint,includingtableofobsoleteandredundant provisions.
s13s2Local
Government (Harbour Town Zoning) Act1990LOCAL GOVERNMENT (HARBOUR TOWNZONING) ACT 1990[as amended by all
amendments that commenced on or before 13 December 1995]AnActtomakecertainprovisioninrelationtothetownplanningscheme for the City of Gold Coast, and for
related purposes˙Short title1.ThisActmaybecitedastheLocalGovernment(HarbourTownZoning) Act
1990.˙Interpretation2.In
this Act—“consent”meansthetownplanningconsentoftheGoldCoastCouncilunder theLocal Government (Planning and Environment)
Act 1990.“Gold Coast Council”means the council of the City of Gold
Coast.“Gold Coast planning scheme”means the planning scheme for the
Cityof Gold Coast approved under theLocal Government (Planning andEnvironment) Act 1990.“harbour town land”means the land
specified in schedule 1.“owner”means the owner
of that part of the harbour town land specified inschedule 4, and includes the owner’s
successors and assigns.“retailfloorspace”meanstheareacalculatedinaccordancewithschedule 3.
s34s5Local
Government (Harbour Town Zoning) Act1990˙Zoning of harbour town land3.(1)The harbour town
land is taken to have been included in the specialfacility zone of the Gold Coast planning
scheme on and from 11 February1994.(2)Theharbourtownlandmay,withouttheGoldCoastCouncil’sconsent,belawfullyusedforaregionalshoppingcentreassetoutinsection 4, whether developed in stages
or not.(3)The harbour town land may, with the
Gold Coast Council’s consent,belawfullyusedundertheGoldCoastplanningschemeforanyusementioned in schedule 2.˙Location and form of regional shopping
centre4.(1)The regional
shopping centre mentioned in section 3(2) must—(a)be
constructed within that part of the harbour town land
specifiedin schedule 4; and(b)have
a retail floor space of not less that 45 000 m2and
not morethan 50 000 m2;
and(c)include at least 1 supermarket;
and(d)include at least 60 specialty
shops.(2)If the regional shopping centre is to
be developed in stages, the firststage
must—(a)have a retail floor space of not less
than 30 000 m2; and(b)include at least 1 supermarket; and(c)include at least 60 specialty
shops.˙Conditions of development5.(1)TheGoldCoastCouncilmustimposereasonableandrelevantconditions—(a)on
the development of the regional shopping centre; or(b)if the regional shopping centre is to
be developed in stages—on
s65s8Local
Government (Harbour Town Zoning) Act1990the
development of each stage.(2)A condition
imposed under subsection (1) may require lodgment bythe
owner of a security, to the Gold Coast Council’s satisfaction, to
ensurecompliance with the conditions
imposed.(3)If the security required is not lodged
within 2 years of the impositionof the
conditions, or any extension of this period allowed by the Gold
CoastCouncil,theGoldCoastCouncilmayimposenewconditionsundersubsection (1).˙Procedure for imposing conditions6.(1)The owner must
submit details to the Gold Coast Council about—(a)the
regional shopping centre; or(b)if
the regional shopping centre is to be developed in
stages—thestage proposed to be constructed.(2)The details submitted by the owner
must be sufficient to enable theGold Coast
Council to make an informed decision about the conditions toimpose under section 5.(3)The
Gold Coast Council must impose the conditions within 90 daysof
the submission of the details by the owner.˙Appeal
to the Planning and Environment Court7.(1)If
the owner is dissatisfied with the conditions imposed by the
GoldCoastCouncil,theownermayappealtothePlanningandEnvironmentCourt.(2)TheLocal Government
(Planning and Environment) Act 1990, part 7(Appeals) applies to an appeal under this Act
with any necessary changesand any changes prescribed under the
regulations.˙Agreement to give effect to
conditions8.(1)AnagreementmustbeenteredintobetweentheGoldCoastCouncilandtheownercontainingtheconditionsimposedbytheGoldCoast
Council or by order of the Planning and Environment
Court.
s
96s 11Local Government
(Harbour Town Zoning) Act1990(2)Anagreementmentionedinsubsection(1)containingconditionsimposed by the
Gold Coast Council may be varied by agreement betweenthe
Gold Coast Council and the owner.˙Conditions attach to the land9.The conditions imposed by the Gold
Coast Council or by order of thePlanning and
Environment Court attach to the land specified in schedule 4and
are binding on the successors and assigns of the owner.˙Land no longer harbour town land10.The land specified in schedule 5 is
excluded from the harbour townland as it
existed before the commencement of this section.˙Town planning consent permits
previously issued11.(1)To remove any
doubt, it is declared that nothing in this Act affectsthefollowingtownplanningconsentpermitsissuedbytheGoldCoastCouncil—•permit no. 818/091/060•permit no. 818/091/061•permit no. 818/091/062•permit no. 818/091/063•permit no. 818/091/064•permit no. 818/091/065•permit no. 818/091/066•permit no. 818/091/067•permit no. 818/091/068.(2)ThefollowingtownplanningconsentpermitsissuedbytheGoldCoast Council are
taken not to have been issued—
s
127s 17Local Government
(Harbour Town Zoning) Act1990•permit no. 818/091/069•permit no. 818/091/070.˙Way of
increasing retail floor space12.Theretailfloorspaceoftheregionalshoppingcentremaybeextended beyond 50 000 m2with the Gold Coast Council’s
consent.˙Act does not limit other lawful
purposes13.This Act does not limit the purposes
for which the harbour town landmay be lawfully
used apart from this Act.˙Subsequent change
of zoning14.Nothing in this Act prevents an action
to change the zoning of theharbourtownlandorpartoftheharbourtownlandundertheLocalGovernment
(Planning and Environment) Act 1990.˙Declaration taken not to have been
made15.The declaration made by the Minister
and notified in the gazette on23 February 1991
at page 897 is taken not to have been made.˙No
right to compensation16.CompensationisnotpayablebytheCrownortheGoldCoastCouncil merely because of—(a)the enactment or operation of this
Act; or(b)anything done for the purposes of
carrying out or giving effect tothis Act.˙Regulations17.The
Governor in Council may make regulations under this
Act.
s
17A8Local Government (Harbour Town Zoning)
Act1990s 19˙City
of Gold Coast (Harbour Town Zoning) Act 1990 references17A.InanActordocument,areferencetotheCityofGoldCoast(Harbour Town Zoning) Act 1990is a
reference to this Act.˙Application of the
Acts Interpretation Act 1954, s 20A18.ThisActisanActtowhichtheActsInterpretationAct1954,section 20A applies.˙Expiry
of Act19.This Act expires 10 years after its
commencement or on a later dayprescribed by
regulation.
9Local Government (Harbour Town Zoning)
Act1990¡SCHEDULE
1†HARBOUR TOWN LANDsection
2
10Local Government (Harbour Town Zoning)
Act1990¡SCHEDULE
2†USES WITH CONSENTsection
3(3)Aged personsaccommodationCaretaker’s
residenceCar parkChild care
centreCommercial premisesCommercial
servicesDisplay homeDuplex
dwellingDwelling houseEducationalestablishmentFast food
premisesHospitalHotelIndoor recreationIntegrated
housingInternational hotelLaundromatMedical complexMotelMulti-unit buildingNeighbourhood
storeNight clubOutdoor
recreationParkPlace of
worshipPublic utilityReception
roomResort hotelRestaurantRetail plant
nurseryRetail showroomService
industrypremisesService
stationShopShopping
centredevelopmentSpecial
useTakeaway foodpremisesTemporary salesofficeTourist facilityTourist
shopTown housedevelopmentTransit
centreVehicle hire premisesVehicle sales
premisesVeterinary surgeryWarehouseWaterfront recreationWaterfront
shop
11Local Government (Harbour Town Zoning)
Act1990¡SCHEDULE
3†RULES FOR CALCULATION OF RETAIL
FLOORSPACEsection 21.Theretailfloorspaceofashoppingcentreisthetotalareaoftheshopping centre
that is available for lease or rent, and includes any part
ofthe mall area of more than 10 m2that is available for lease or
rent.3.Areas are to be measured—(a)at floor level; and(b)in the case of an external building
wall, fire passage wall, servicepassagewallorsimilarwall—fromthefinishedsurfaceoftheside of the wall
that abuts on the area available for lease or rent;and(c)in the case of
an intertenancy wall—from the centre line of thewall; and(d)inthecaseofashopfront—fromthemallalignmentasdetermined and indicated on the
appropriate floor plan, regardlessofwhetherornottheshopfrontissetback(inwholeorpart)from the mall
alignment.4.The following areas are taken to be
areas available for lease or rent—(a)areas within an area available for lease or
rent that are occupied bywindowmullions,windowframes,structuralcolumnsorengaged perimeter columns or
piers;(b)areas occupied by additional
facilities constructed for a particulartenant or group
of tenants (other than an area to which section 5applies).5.The
following areas are taken to be areas not available for lease
or
12Local Government (Harbour Town Zoning)
Act1990SCHEDULE 3 (continued)rent—(a)areasoccupiedbyfacilitiessuchasstairs,recesseddoorways,toilets,
cupboards, lift shafts, plant rooms or service areas if thefacilitiesareavailablefortheuseoftenantsgenerallyoftheshopping
centre;(b)areas set aside—(i)as
public spaces or thoroughfares; or(ii)for
use by service vehicles; or(iii)access ways for service vehicles;if
the areas are not for the exclusive use of a particular tenant
orgroup of tenants;(c)areas with less than 1.5 m clear height
above floor level.
13Local Government (Harbour Town Zoning)
Act1990¡SCHEDULE
4†WHERE REGIONAL SHOPPING CENTRE IS TO
BECONSTRUCTEDsection
4(1)
14Local Government (Harbour Town Zoning)
Act1990¡SCHEDULE
5†LAND NOT NOW PART OF HARBOUR TOWN
LANDsection 10
16Local Government (Harbour Town Zoning)
Act1990´4List
of legislationLocal Government (Harbour Town Zoning) Act
1990 No. 89 (prev City of GoldCoast (Harbour
Town Zoning) Act 1990)date of assent 7 December 1990commenced on date of assentNote—ThisActexpires7December2000oronalaterdayprescribedbyregulation (see s 19)AIA s 20A applies
(see s 18)as amended by—City of Gold Coast
(Harbour Town Zoning) Amendment Act 1994 No. 84date of assent 1
December 1994commenced on date of assentStatute Law Revision Act 1995 No. 57 ss 1–2,
4 sch 2date of assent 28 November 1995commenced on date of assent´5List of
annotationsShort titles 1sub
1994 No. 84 s 3Interpretations 2def“consent”sub 1994 No. 84 s
4def“economic impact assessment”om
1994 No. 84 s 4(1)def“Gold Coast planning scheme”ins
1994 No. 84 s 4(2)def“Gold Coast Town Planning
Scheme”om 1994 No. 84 s 4(1)def“Harbour Town Order in Council”om
1994 No. 84 s 4(1)def“owner”ins 1994 No. 84 s
4(2)Zoning of harbour town lands
3sub 1994 No. 84 s 5Location and form
of regional shopping centres 4sub 1994 No. 84 s
5Conditions of developments 5sub
1994 No. 84 s 5Procedure for imposing conditionss
6sub 1994 No. 84 s 5Appeal to the
Planning and Environment Courts 7sub
1994 No. 84 s 5Agreement to give effect to conditionss
8prev s 8 renum as s 16 1994 No. 84 s
6pres s 8 ins 1994 No. 84 s 5
17Local Government (Harbour Town Zoning)
Act1990Conditions attach to the lands
9ins 1994 No. 84 s 5Land no longer
harbour town lands 10ins 1994 No. 84 s 5Town
planning consent permits previously issueds 11ins
1994 No. 84 s 5Way of increasing retail floor spaces
12ins 1994 No. 84 s 5Act does not limit
other lawful purposess 13ins 1994 No. 84 s
5Subsequent change of zonings
14ins 1994 No. 84 s 5Declaration taken
not to have been mades 15ins 1994 No. 84 s
5No right to compensations 16(prev
s 8) renum 1994 No. 84 s 6Regulationss 17ins
1994 No. 84 s 7City of Gold Coast (Harbour Town Zoning) Act
1990 referencess 17Ains 1995 No. 57 s 4 sch 2Application of the Acts Interpretation Act
1954, s 20As 18ins 1994 No. 84 s 7Expiry
of Acts 19ins 1994 No. 84 s 7SCHEDULE 1—HARBOUR TOWN LANDsub
1994 No. 84 s 8SCHEDULE 2—USES WITH CONSENTsub
1994 No. 84 s 8SCHEDULE 3—RULES FOR CALCULATION OF RETAIL
FLOOR SPACEs 2amd 1994 No. 84 s 9SCHEDULE4—WHEREREGIONALSHOPPINGCENTREISTOBECONSTRUCTEDins 1994 No. 84 s
10SCHEDULE 5—LAND NOT NOW PART OF HARBOUR TOWN
LANDins 1994 No. 84 s 10
