Local Government (Morayfield Shopping Centre Zoning) Act 1996
LOCAL GOVERNMENT (MORAYFIELD SHOPPING CENTRE ZONING) ACT
1996
QueenslandLOCALGOVERNMENT(MORAYFIELDSHOPPINGCENTREZONING)ACT1996Reprinted as in
force on 31 October 1996(Act not amended up to this
date)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 31 October 1996.Minor editorial
changes allowed under the provisions of the Reprints Act 1992
havebeen made to omit the enacting words (s
42A).See endnotes for information about when
provisions commenced.
s13s2Local
Government (Morayfield Shopping CentreZoning) Act
1996LOCAL GOVERNMENT (MORAYFIELDSHOPPING CENTRE ZONING) ACT 1996[reprinted as in force on 31 October
1996]An Act to make provision about the planning
scheme for the Shire ofCaboolture, and for related
purposes˙Short title1.This
Act may be cited as theLocal Government (Morayfield
ShoppingCentre Zoning) Act 1996.˙Definitions2.In
this Act—“central commercial zone”meansthecentralcommercialzoneintheplanning
scheme.“column3purposes”meansthepurposesmentionedintheplanningscheme, part II, division III, column III,
for the central commercialzone.1“council”means the
Council of the Shire of Caboolture.“Keylim”means Keylim Pty. Limited ACN 058 009 313,
and includes itssuccessors and assigns in relation to the
Morayfield shopping centreland.“Morayfieldshoppingcentreland”meansthelanddescribedintheschedule.1PartI(Zoning),divisionII(Tableofzones),columnIII(Purposeforwhichbuildingsorotherstructuresmaybeerectedorusedorforwhichlandmaybeused without the
consent of the Council)
s34s4Local
Government (Morayfield Shopping CentreZoning) Act
1996“PlanningAct”meanstheLocalGovernment(PlanningandEnvironment) Act 1990.“planning deed”means a deed
made by Keylim, the council and any otherparty named in
it, the proposed form of which was approved under aregulation.“planning
scheme”means the planning scheme that, under the
PlanningAct, is the planning scheme for the Shire of
Caboolture.“rezoned Morayfield shopping centre
land”means the land described inthe
schedule, item 1.˙Zoning3.(1)The
rezoned Morayfield shopping centre land is included in thecentral commercial zone.2(2)For the Morayfield shopping centre
land, the column 3 purposes aretaken to include
the following—(a)indoor entertainment (as defined under
the planning scheme);(b)a purpose stated
in a planning deed;(c)comingfromorgoingtoanypartoftheMorayfieldshoppingcentre land or any adjoining land.˙Development and use etc.4.(1)DespitetheinclusionunderthisActoftherezonedMorayfieldshopping centre
land in the central commercial zone, development and useof
the rezoned land must not proceed before the first planning deed is
madeby the parties to it.(2)After the first planning deed is made,
development and use of theMorayfield shopping centre land must
comply with all planning deeds.(3)Thecouncil’schiefexecutiveofficermustkeepcopiesofeachplanning deed
available for inspection at the council’s public office at
all2Thelanddescribedintheschedule,items2to4isalreadyincludedinthecentral
commercial zone.
s55s9Local
Government (Morayfield Shopping CentreZoning) Act
1996times when the office is open for
business.(4)To avoid any doubt, the council is
authorised to enter into planningdeeds.˙Matters taken to be lawful5.AnythingdoneontheMorayfieldshoppingcentrelandunderaplanning deed is lawful.˙Act
does not limit other lawful purposes6.ThisActdoesnotlimitthepurposesforwhichtheMorayfieldshopping centre
land may be lawfully used apart from this Act.˙No
right to compensation7.CompensationisnotpayablebytheStateorthecouncilmerelybecause of—(a)the
enactment or operation of this Act; or(b)anything done to carry out or give effect to
this Act.˙Deeds may be approved by
regulation8.(1)A regulation may
approve the proposed form of a deed betweenKeylim,thecouncil,andanyotherpartynamedinthedeed,aboutthedevelopment and use of the Morayfield
shopping centre land.(2)Theregulationmustbemadewithin6monthsafterthecommencement of this section.(3)The council must, by gazette notice,
notify the day of the making ofthe first
planning deed and any subsequent planning deed.˙Effect
of zoning under this Act9.(1)This section is
enacted to avoid any doubt about the matters dealtwith
in it.
s
106s 10Local Government
(Morayfield Shopping CentreZoning) Act 1996(2)For
the Planning Act—(a)thisActistakentooperateasanamendmentoftheplanningscheme under the
Planning Act; and(b)theprovisionsofaplanningdeedaretakentobeconditionsattachedtoanamendmentoftheplanningschemeunderthePlanning Act.(3)FormakinganapplicationunderthePlanningAct,section4.153seeking the modification of a
condition, the provisions of a planning deedare taken to be
conditions to which the section applies.(4)However,subsection(3)doesnotpreventtheprovisionsofaplanning deed from being changed by a
subsequent planning deed madebefore the expiry
of this Act.(5)This Act does not prevent—(a)the council, or an owner of the
Morayfield shopping centre landor a part of the
land, from taking action under the Planning Act tochange its zoning; or(b)a
person from applying under the Planning Act, section 4.124fora town planning
consent in relation to the Morayfield shoppingcentre land or a
part of the land.(6)Thecouncilandthedepartmentmaydoanythingnecessaryorconvenient to be done to carry out or
give effect to this Act.Example for subsection (6)—The
zoning of the rezoned Morayfield shopping centre land under this
Act may benoted on the planning scheme maps.˙Application of Acts Interpretation Act
1954, s 20A10.ThisActisalawtowhichtheActsInterpretationAct1954,section 20A5applies.3Section 4.15 (Modification of certain
applications and approvals)4Section 4.12 (Application for town planning
consent)5Section 20A (Repeal does not end
saving, transitional or validating effect etc.)
s
117s 12Local Government
(Morayfield Shopping CentreZoning) Act 1996˙Regulation-making power11.The
Governor in Council may make regulations under this Act.˙Expiry of Act12.This
Act expires 1 year after this section commences.
8Local Government (Morayfield Shopping
CentreZoning) Act 1996¡SCHEDULE†MORAYFIELD SHOPPING CENTRE LANDsection 2County of
Stanley, parish of Caboolture1.Lot
5 on registered plan 2025162.Lot 27 on
registered plan 2113053.Lot 2 on
registered plan 1985464.Lot 1 on
registered plan 198546.