{"id":"qld:act-1993-006","name":"Townsville City Council (Douglas Land Development) Act 1993","slug":"townsville-city-council-douglas-land-development-act-1993","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"6 of 1993","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104781,"registerId":"qld-act-1993-006-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Townsville City Council (Douglas Land Development) Act 1993 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Object of Act","content":"### sec.2 Object of Act\n\nThe object of this Act is to provide for the development of land, owned by the Townsville City Council at Douglas, Townsville, in a way consistent with appropriate planning and development practices in order to achieve a well planned community.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"How object is to be achieved","content":"### sec.3 How object is to be achieved\n\nThe object of this Act is to be achieved by—\nauthorising the Townsville City Council to prepare a concept plan that sets out the Council’s planning intentions for the land at Douglas, Townsville; and\nallowing public submissions on the proposed concept plan; and\nenabling the Governor in Council to approve the concept plan; and\nauthorising the Townsville City Council to call for expressions of interest for the purchase, development and subdivision of the land in stages over a period of time in accordance with the concept plan; and\nauthorising the Townsville City Council to enter into agreements in relation to the purchase and development of the land and, for that purpose, taking mortgages by way of security for part or all of the purchase price; and\nauthorising the Townsville City Council to prepare master plans for any part of the land in relation to which expressions of interest have been called; and\nenabling the Governor in Council to approve master plans that—\nregulate the orderly development of the land; and\ncontrol the use of the developed land; and\nexcluding the planning scheme that applies to any land the subject of a master plan on the approval of the plan by the Governor in Council; and\nhaving the planning scheme again apply to the land or any part of the land after its development in accordance with the master plan.\n- (a) authorising the Townsville City Council to prepare a concept plan that sets out the Council’s planning intentions for the land at Douglas, Townsville; and\n- (b) allowing public submissions on the proposed concept plan; and\n- (c) enabling the Governor in Council to approve the concept plan; and\n- (d) authorising the Townsville City Council to call for expressions of interest for the purchase, development and subdivision of the land in stages over a period of time in accordance with the concept plan; and\n- (e) authorising the Townsville City Council to enter into agreements in relation to the purchase and development of the land and, for that purpose, taking mortgages by way of security for part or all of the purchase price; and\n- (f) authorising the Townsville City Council to prepare master plans for any part of the land in relation to which expressions of interest have been called; and\n- (g) enabling the Governor in Council to approve master plans that— (i) regulate the orderly development of the land; and (ii) control the use of the developed land; and\n- (i) regulate the orderly development of the land; and\n- (ii) control the use of the developed land; and\n- (h) excluding the planning scheme that applies to any land the subject of a master plan on the approval of the plan by the Governor in Council; and\n- (i) having the planning scheme again apply to the land or any part of the land after its development in accordance with the master plan.\n- (i) regulate the orderly development of the land; and\n- (ii) control the use of the developed land; and","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Definitions","content":"### sec.4 Definitions\n\nIn this Act—\nchief executive means the chief executive of the department.\nclerk means the Town Clerk of the Council.\nconcept plan means the plan mentioned in Part 2 .\nCouncil means the Council of the City of Townsville.\nmaster plan means a plan mentioned in Part 4 .\npremises includes land, buildings and other structures, and any part of land, building and other structures.\nsite means the land owned by the Council at Douglas, Townsville, that is specified in the Schedule.\nstage means a part of the site in relation to which expressions of interest are called for its purchase, development and subdivision under this Act.\nTownsville IPA planning scheme means the IPA planning scheme, under the Integrated Planning Act 1997 , for the City of Townsville continued in force under the Sustainable Planning Act 2009 .\ns 4 def Townsville IPA planning scheme ins 2006 No. 11 s 105 (2)\namd 2009 No. 36 s 872 sch 2\nTownsville planning scheme means—\nuntil 31 December 2004—the planning scheme for the City of Townsville in force under the Local Government (Planning and Environment) Act 1990 and continued in force under the Integrated Planning Act 1997 , including any by-laws that had effect as if they were part of the planning scheme; and\non and from 1 January 2005—the Townsville IPA planning scheme.\ns 4 def Townsville planning scheme sub 2006 No. 11 s 105 (1) – (2)\nworking day means a day when the office of the Council is open for transaction of public business.\n- (a) until 31 December 2004—the planning scheme for the City of Townsville in force under the Local Government (Planning and Environment) Act 1990 and continued in force under the Integrated Planning Act 1997 , including any by-laws that had effect as if they were part of the planning scheme; and\n- (b) on and from 1 January 2005—the Townsville IPA planning scheme.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Concept plan","content":"# Concept plan","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Concept plan","content":"### sec.5 Concept plan\n\nThe Council must prepare a proposed concept plan for the site as soon as practicable after the commencement of this Act.\nThe proposed concept plan must—\ngenerally indicate the Council’s planning intentions in relation to the site; and\nconsist of—\na map or series of maps depicting the location of the preferred land uses within the site; and\nsupporting documents in relation to the type, scale and density generally of development within the site.\n(sec.5-ssec.1) The Council must prepare a proposed concept plan for the site as soon as practicable after the commencement of this Act.\n(sec.5-ssec.2) The proposed concept plan must— generally indicate the Council’s planning intentions in relation to the site; and consist of— a map or series of maps depicting the location of the preferred land uses within the site; and supporting documents in relation to the type, scale and density generally of development within the site.\n- (a) generally indicate the Council’s planning intentions in relation to the site; and\n- (b) consist of— (i) a map or series of maps depicting the location of the preferred land uses within the site; and (ii) supporting documents in relation to the type, scale and density generally of development within the site.\n- (i) a map or series of maps depicting the location of the preferred land uses within the site; and\n- (ii) supporting documents in relation to the type, scale and density generally of development within the site.\n- (i) a map or series of maps depicting the location of the preferred land uses within the site; and\n- (ii) supporting documents in relation to the type, scale and density generally of development within the site.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Adoption of proposed concept plan","content":"### sec.6 Adoption of proposed concept plan\n\nThe proposed concept plan must be adopted by the Council by resolution.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Public notice of proposed concept plan","content":"### sec.7 Public notice of proposed concept plan\n\nAfter adoption of the proposed concept plan and before application to the Minister under section 10 , the Council must give public notice of the proposed concept plan.\nThe notice must—\nspecify that the Council has adopted a proposed concept plan for the site; and\nbe published in a newspaper circulating in the City of Townsville; and\nspecify that the proposed concept plan may be inspected, and copies purchased, at the office of the Council between the times specified in the notice; and\nspecify the cost of a copy of the proposed concept plan; and\ninvite submissions from any interested persons or groups; and\nspecify a day (not earlier than 20 working days from publication of the notice) by which submissions may be made to the Council in relation to the proposed concept plan.\n(sec.7-ssec.1) After adoption of the proposed concept plan and before application to the Minister under section 10 , the Council must give public notice of the proposed concept plan.\n(sec.7-ssec.2) The notice must— specify that the Council has adopted a proposed concept plan for the site; and be published in a newspaper circulating in the City of Townsville; and specify that the proposed concept plan may be inspected, and copies purchased, at the office of the Council between the times specified in the notice; and specify the cost of a copy of the proposed concept plan; and invite submissions from any interested persons or groups; and specify a day (not earlier than 20 working days from publication of the notice) by which submissions may be made to the Council in relation to the proposed concept plan.\n- (a) specify that the Council has adopted a proposed concept plan for the site; and\n- (b) be published in a newspaper circulating in the City of Townsville; and\n- (c) specify that the proposed concept plan may be inspected, and copies purchased, at the office of the Council between the times specified in the notice; and\n- (d) specify the cost of a copy of the proposed concept plan; and\n- (e) invite submissions from any interested persons or groups; and\n- (f) specify a day (not earlier than 20 working days from publication of the notice) by which submissions may be made to the Council in relation to the proposed concept plan.","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Submissions on proposed concept plan","content":"### sec.8 Submissions on proposed concept plan\n\nA person or group may, on or before the last day for the making of submissions, make a submission to the Council in relation to the proposed concept plan.\nA submission must—\nbe in writing and signed by each person or on behalf of each group making the submission; and\nbe addressed to and lodged with the clerk; and\nstate—\nthe name and address of each person or group making the submission; and\nthe grounds of the submission and the facts and circumstances relied on in support of the grounds.\n(sec.8-ssec.1) A person or group may, on or before the last day for the making of submissions, make a submission to the Council in relation to the proposed concept plan.\n(sec.8-ssec.2) A submission must— be in writing and signed by each person or on behalf of each group making the submission; and be addressed to and lodged with the clerk; and state— the name and address of each person or group making the submission; and the grounds of the submission and the facts and circumstances relied on in support of the grounds.\n- (a) be in writing and signed by each person or on behalf of each group making the submission; and\n- (b) be addressed to and lodged with the clerk; and\n- (c) state— (i) the name and address of each person or group making the submission; and (ii) the grounds of the submission and the facts and circumstances relied on in support of the grounds.\n- (i) the name and address of each person or group making the submission; and\n- (ii) the grounds of the submission and the facts and circumstances relied on in support of the grounds.\n- (i) the name and address of each person or group making the submission; and\n- (ii) the grounds of the submission and the facts and circumstances relied on in support of the grounds.","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"Modification of proposed concept plan","content":"### sec.9 Modification of proposed concept plan\n\nThe Council must consider all submissions properly made to it and may modify the proposed concept plan after considering the submissions.\nThe proposed concept plan, with or without modification, becomes the concept plan once it is adopted by the Council by resolution after consideration of the submissions.\n(sec.9-ssec.1) The Council must consider all submissions properly made to it and may modify the proposed concept plan after considering the submissions.\n(sec.9-ssec.2) The proposed concept plan, with or without modification, becomes the concept plan once it is adopted by the Council by resolution after consideration of the submissions.","sortOrder":10},{"sectionNumber":"sec.10","sectionType":"section","heading":"Approval of concept plan by Governor in Council","content":"### sec.10 Approval of concept plan by Governor in Council\n\nThe Council must apply to the Minister for approval of the concept plan by the Governor in Council.\nThe Governor in Council may—\napprove the concept plan; or\napprove the concept plan with modifications; or\nrefuse to approve the concept plan.\nThe concept plan must be approved by regulation.\n(sec.10-ssec.1) The Council must apply to the Minister for approval of the concept plan by the Governor in Council.\n(sec.10-ssec.2) The Governor in Council may— approve the concept plan; or approve the concept plan with modifications; or refuse to approve the concept plan.\n(sec.10-ssec.3) The concept plan must be approved by regulation.\n- (a) approve the concept plan; or\n- (b) approve the concept plan with modifications; or\n- (c) refuse to approve the concept plan.","sortOrder":11},{"sectionNumber":"sec.11","sectionType":"section","heading":"Concept plan to be open for inspection","content":"### sec.11 Concept plan to be open for inspection\n\nThe Council must keep a copy of the concept plan available for inspection at the office of the Council at all times during which the Council’s office is open for transaction of public business.\nThe Council must, on payment by a person of the fee decided by the Council, give a copy of the concept plan to the person.\nThe chief executive must keep a copy of the concept plan available for inspection at the office of the chief executive at Townsville at all times during which the chief executive’s office is open for transaction of public business.\nThe chief executive must, on payment by a person of the fee decided by the chief executive, give a copy of the concept plan to the person.\n(sec.11-ssec.1) The Council must keep a copy of the concept plan available for inspection at the office of the Council at all times during which the Council’s office is open for transaction of public business.\n(sec.11-ssec.2) The Council must, on payment by a person of the fee decided by the Council, give a copy of the concept plan to the person.\n(sec.11-ssec.3) The chief executive must keep a copy of the concept plan available for inspection at the office of the chief executive at Townsville at all times during which the chief executive’s office is open for transaction of public business.\n(sec.11-ssec.4) The chief executive must, on payment by a person of the fee decided by the chief executive, give a copy of the concept plan to the person.","sortOrder":12},{"sectionNumber":"sec.12","sectionType":"section","heading":"Amendment of concept plan","content":"### sec.12 Amendment of concept plan\n\nThe Council may, at any time, propose an amendment of the concept plan in relation to any part of the site that is not the subject of a master plan under Part 4 .\nThe proposed amendment must be adopted by the Council by resolution.\n(sec.12-ssec.1) The Council may, at any time, propose an amendment of the concept plan in relation to any part of the site that is not the subject of a master plan under Part 4 .\n(sec.12-ssec.2) The proposed amendment must be adopted by the Council by resolution.","sortOrder":13},{"sectionNumber":"sec.13","sectionType":"section","heading":"Public notice of proposed amendment of concept plan","content":"### sec.13 Public notice of proposed amendment of concept plan\n\nAfter adoption of the proposed amendment of the concept plan and before application to the Minister under section 16 , the Council must give public notice of the proposed amendment of the concept plan.\nThe notice must—\nspecify that the Council has adopted a proposed amendment of the concept plan for the site; and\nset out the nature of the proposed amendment of the concept plan; and\nbe published in a newspaper circulating in the City of Townsville; and\nspecify that the proposed amendment of the concept plan may be inspected, and copies purchased, at the office of the Council between the times specified in the notice; and\nspecify the cost of a copy of the proposed amendment of the concept plan; and\ninvite submissions from any interested persons or groups; and\nspecify a day (not earlier than 10 working days from publication of the notice) by which submissions may be made to the Council in relation to the proposed amendment of the concept plan.\n(sec.13-ssec.1) After adoption of the proposed amendment of the concept plan and before application to the Minister under section 16 , the Council must give public notice of the proposed amendment of the concept plan.\n(sec.13-ssec.2) The notice must— specify that the Council has adopted a proposed amendment of the concept plan for the site; and set out the nature of the proposed amendment of the concept plan; and be published in a newspaper circulating in the City of Townsville; and specify that the proposed amendment of the concept plan may be inspected, and copies purchased, at the office of the Council between the times specified in the notice; and specify the cost of a copy of the proposed amendment of the concept plan; and invite submissions from any interested persons or groups; and specify a day (not earlier than 10 working days from publication of the notice) by which submissions may be made to the Council in relation to the proposed amendment of the concept plan.\n- (a) specify that the Council has adopted a proposed amendment of the concept plan for the site; and\n- (b) set out the nature of the proposed amendment of the concept plan; and\n- (c) be published in a newspaper circulating in the City of Townsville; and\n- (d) specify that the proposed amendment of the concept plan may be inspected, and copies purchased, at the office of the Council between the times specified in the notice; and\n- (e) specify the cost of a copy of the proposed amendment of the concept plan; and\n- (f) invite submissions from any interested persons or groups; and\n- (g) specify a day (not earlier than 10 working days from publication of the notice) by which submissions may be made to the Council in relation to the proposed amendment of the concept plan.","sortOrder":14},{"sectionNumber":"sec.14","sectionType":"section","heading":"Submissions on proposed amendment of concept plan","content":"### sec.14 Submissions on proposed amendment of concept plan\n\nA person or group may, on or before the last day for the making of submissions, make a submission to the Council in relation to the proposed amendment of the concept plan.\nA submission must—\nbe in writing and signed by each person or on behalf of each group making the submission; and\nbe addressed to and lodged with the clerk; and\nstate—\nthe name and address of each person or group making the submission; and\nthe grounds of the submission and the facts and circumstances relied on in support of the grounds.\n(sec.14-ssec.1) A person or group may, on or before the last day for the making of submissions, make a submission to the Council in relation to the proposed amendment of the concept plan.\n(sec.14-ssec.2) A submission must— be in writing and signed by each person or on behalf of each group making the submission; and be addressed to and lodged with the clerk; and state— the name and address of each person or group making the submission; and the grounds of the submission and the facts and circumstances relied on in support of the grounds.\n- (a) be in writing and signed by each person or on behalf of each group making the submission; and\n- (b) be addressed to and lodged with the clerk; and\n- (c) state— (i) the name and address of each person or group making the submission; and (ii) the grounds of the submission and the facts and circumstances relied on in support of the grounds.\n- (i) the name and address of each person or group making the submission; and\n- (ii) the grounds of the submission and the facts and circumstances relied on in support of the grounds.\n- (i) the name and address of each person or group making the submission; and\n- (ii) the grounds of the submission and the facts and circumstances relied on in support of the grounds.","sortOrder":15},{"sectionNumber":"sec.15","sectionType":"section","heading":"Modification of proposed amendment of concept plan","content":"### sec.15 Modification of proposed amendment of concept plan\n\nThe Council must consider all submissions properly made to it and may modify the proposed amendment of the concept plan after considering the submissions.\nThe proposed amendment of the concept plan, with or without modification, becomes an amendment of the concept plan once it is adopted by the Council by resolution after consideration of the submissions.\n(sec.15-ssec.1) The Council must consider all submissions properly made to it and may modify the proposed amendment of the concept plan after considering the submissions.\n(sec.15-ssec.2) The proposed amendment of the concept plan, with or without modification, becomes an amendment of the concept plan once it is adopted by the Council by resolution after consideration of the submissions.","sortOrder":16},{"sectionNumber":"sec.16","sectionType":"section","heading":"Approval of amendment of concept plan by Governor in Council","content":"### sec.16 Approval of amendment of concept plan by Governor in Council\n\nThe Council must apply to the Minister for approval of an amendment of the concept plan by the Governor in Council.\nThe Governor in Council may—\napprove the amendment; or\napprove the amendment with modifications; or\nrefuse to approve the amendment.\nThe amendment of the concept plan must be approved by regulation.\nThe concept plan as amended becomes the concept plan.\n(sec.16-ssec.1) The Council must apply to the Minister for approval of an amendment of the concept plan by the Governor in Council.\n(sec.16-ssec.2) The Governor in Council may— approve the amendment; or approve the amendment with modifications; or refuse to approve the amendment.\n(sec.16-ssec.3) The amendment of the concept plan must be approved by regulation.\n(sec.16-ssec.4) The concept plan as amended becomes the concept plan.\n- (a) approve the amendment; or\n- (b) approve the amendment with modifications; or\n- (c) refuse to approve the amendment.","sortOrder":17},{"sectionNumber":"pt.3","sectionType":"part","heading":"Expressions of interest and related agreements","content":"# Expressions of interest and related agreements","sortOrder":18},{"sectionNumber":"sec.17","sectionType":"section","heading":"Council to call for expressions of interest","content":"### sec.17 Council to call for expressions of interest\n\nAfter the concept plan is approved by the Governor in Council and before master plans apply to every stage of the site, the Council must invite expressions of interest in—\npurchasing from the Council any stage that is not the subject of an agreement under section 19 ; and\ndeveloping and subdividing the stage generally in accordance with the concept plan.\nExpressions of interest must be invited by advertisement published in a newspaper circulating in the City of Townsville and in any other newspaper that the Council considers appropriate.\n(sec.17-ssec.1) After the concept plan is approved by the Governor in Council and before master plans apply to every stage of the site, the Council must invite expressions of interest in— purchasing from the Council any stage that is not the subject of an agreement under section 19 ; and developing and subdividing the stage generally in accordance with the concept plan.\n(sec.17-ssec.2) Expressions of interest must be invited by advertisement published in a newspaper circulating in the City of Townsville and in any other newspaper that the Council considers appropriate.\n- (a) purchasing from the Council any stage that is not the subject of an agreement under section 19 ; and\n- (b) developing and subdividing the stage generally in accordance with the concept plan.","sortOrder":19},{"sectionNumber":"sec.18","sectionType":"section","heading":"Consideration of expressions of interest","content":"### sec.18 Consideration of expressions of interest\n\nThe Council must consider the expressions of interest received by it and must prepare a short list from the persons who have submitted expressions of interest.\nThe Council may enter into discussions and negotiations with the persons on the short list in relation to the purchase, development and subdivision of the stage.\n(sec.18-ssec.1) The Council must consider the expressions of interest received by it and must prepare a short list from the persons who have submitted expressions of interest.\n(sec.18-ssec.2) The Council may enter into discussions and negotiations with the persons on the short list in relation to the purchase, development and subdivision of the stage.","sortOrder":20},{"sectionNumber":"sec.19","sectionType":"section","heading":"Agreements in relation to purchase, development and subdivision","content":"### sec.19 Agreements in relation to purchase, development and subdivision\n\nThe Council may resolve to make and perform agreements with any person on the relevant short list under section 18 in relation to the purchase, development and subdivision of a stage for which expressions of interest have been called under this Part.\nThe Council may enter into agreements under subsection (1) —\nwith more than 1 person; and\nin relation to a stage or any part of a stage.\nAn agreement entered into under this section may provide—\nfor the purchase price, or part of the purchase price, to be paid after the transfer of an estate in fee simple in a stage, or a part of a stage, to a person; and\nthat the purchaser must not sell the stage or the part of the stage—\nwithout the prior approval of the Council; or\nunless the Council acknowledges, in writing, that the conditions specified in the agreement have been fulfilled.\nThe Council may require the purchaser to give and may take from the purchaser the security the Council considers sufficient to ensure compliance with the terms and conditions of the agreement.\nThe security mentioned in subsection (4) may take the form of a mortgage given by the purchaser in favour of the Council over the land sold.\nThe Council may apply amounts for the purpose of agreements made under this section.\nIf an agreement is made before the master plan for the stage is approved, an agreement under this section must be conditional on a master plan (that is not inconsistent with the agreement) being approved by the Governor in Council.\nIn deciding the most appropriate person to purchase, develop and subdivide a stage or part of a stage, the Council must have regard not only to financial considerations, but also to the planning and social objectives of the Council contained in the concept plan.\nIn resolving under subsection (1) to make and perform agreements with any person on a short list, the Council must specify its reasons for the decision.\n(sec.19-ssec.1) The Council may resolve to make and perform agreements with any person on the relevant short list under section 18 in relation to the purchase, development and subdivision of a stage for which expressions of interest have been called under this Part.\n(sec.19-ssec.2) The Council may enter into agreements under subsection (1) — with more than 1 person; and in relation to a stage or any part of a stage.\n(sec.19-ssec.3) An agreement entered into under this section may provide— for the purchase price, or part of the purchase price, to be paid after the transfer of an estate in fee simple in a stage, or a part of a stage, to a person; and that the purchaser must not sell the stage or the part of the stage— without the prior approval of the Council; or unless the Council acknowledges, in writing, that the conditions specified in the agreement have been fulfilled.\n(sec.19-ssec.4) The Council may require the purchaser to give and may take from the purchaser the security the Council considers sufficient to ensure compliance with the terms and conditions of the agreement.\n(sec.19-ssec.5) The security mentioned in subsection (4) may take the form of a mortgage given by the purchaser in favour of the Council over the land sold.\n(sec.19-ssec.6) The Council may apply amounts for the purpose of agreements made under this section.\n(sec.19-ssec.7) If an agreement is made before the master plan for the stage is approved, an agreement under this section must be conditional on a master plan (that is not inconsistent with the agreement) being approved by the Governor in Council.\n(sec.19-ssec.8) In deciding the most appropriate person to purchase, develop and subdivide a stage or part of a stage, the Council must have regard not only to financial considerations, but also to the planning and social objectives of the Council contained in the concept plan.\n(sec.19-ssec.9) In resolving under subsection (1) to make and perform agreements with any person on a short list, the Council must specify its reasons for the decision.\n- (a) with more than 1 person; and\n- (b) in relation to a stage or any part of a stage.\n- (a) for the purchase price, or part of the purchase price, to be paid after the transfer of an estate in fee simple in a stage, or a part of a stage, to a person; and\n- (b) that the purchaser must not sell the stage or the part of the stage— (i) without the prior approval of the Council; or (ii) unless the Council acknowledges, in writing, that the conditions specified in the agreement have been fulfilled.\n- (i) without the prior approval of the Council; or\n- (ii) unless the Council acknowledges, in writing, that the conditions specified in the agreement have been fulfilled.\n- (i) without the prior approval of the Council; or\n- (ii) unless the Council acknowledges, in writing, that the conditions specified in the agreement have been fulfilled.","sortOrder":21},{"sectionNumber":"sec.20","sectionType":"section","heading":"Things done under agreements functions of local government","content":"### sec.20 Things done under agreements functions of local government\n\nAnything done by the Council under this Act is a function of local government of the Council.","sortOrder":22},{"sectionNumber":"sec.21","sectionType":"section","heading":"Tenders not required for agreements","content":"### sec.21 Tenders not required for agreements\n\nDespite the provisions of any other Act, the Council is not required to give notice of intention to invite tenders or to give an opportunity for the making of quotations in relation to agreements to be made under this Part.\nSections 19 (4) to (10) and 19A and Part 11A of the Local Government Act 1936 do not apply to agreements made under this Part.\n(sec.21-ssec.1) Despite the provisions of any other Act, the Council is not required to give notice of intention to invite tenders or to give an opportunity for the making of quotations in relation to agreements to be made under this Part.\n(sec.21-ssec.2) Sections 19 (4) to (10) and 19A and Part 11A of the Local Government Act 1936 do not apply to agreements made under this Part.","sortOrder":23},{"sectionNumber":"pt.4","sectionType":"part","heading":"Master plans","content":"# Master plans","sortOrder":24},{"sectionNumber":"sec.22","sectionType":"section","heading":"Council to prepare master plans","content":"### sec.22 Council to prepare master plans\n\nAfter considering the expressions of interest and entering into the discussions and negotiations it considers necessary under section 18 , the Council must prepare a master plan for the stage in relation to which expressions of interest have been called.\nThe master plan—\nmust be generally in accordance with the concept plan; and\nmust—\nprovide for the orderly development of land within the stage; and\nregulate the use of premises, the erection of buildings and other structures and the subdivision of land within the stage; and\nmust consist of—\na map or series of maps that accurately depict the location of the land uses within the stage; and\nsupporting documents that include the matters mentioned in subsection (3) for the regulation, implementation and administration of the master plan.\nThe matters to be included in the supporting documents mentioned in subsection (2) are requirements for—\nthe use of premises; and\nthe erection of buildings and other structures; and\nthe subdivision of land; and\nthe keeping of records; and\nmatters relating to offences.\n(sec.22-ssec.1) After considering the expressions of interest and entering into the discussions and negotiations it considers necessary under section 18 , the Council must prepare a master plan for the stage in relation to which expressions of interest have been called.\n(sec.22-ssec.2) The master plan— must be generally in accordance with the concept plan; and must— provide for the orderly development of land within the stage; and regulate the use of premises, the erection of buildings and other structures and the subdivision of land within the stage; and must consist of— a map or series of maps that accurately depict the location of the land uses within the stage; and supporting documents that include the matters mentioned in subsection (3) for the regulation, implementation and administration of the master plan.\n(sec.22-ssec.3) The matters to be included in the supporting documents mentioned in subsection (2) are requirements for— the use of premises; and the erection of buildings and other structures; and the subdivision of land; and the keeping of records; and matters relating to offences.\n- (a) must be generally in accordance with the concept plan; and\n- (b) must— (i) provide for the orderly development of land within the stage; and (ii) regulate the use of premises, the erection of buildings and other structures and the subdivision of land within the stage; and\n- (i) provide for the orderly development of land within the stage; and\n- (ii) regulate the use of premises, the erection of buildings and other structures and the subdivision of land within the stage; and\n- (c) must consist of— (i) a map or series of maps that accurately depict the location of the land uses within the stage; and (ii) supporting documents that include the matters mentioned in subsection (3) for the regulation, implementation and administration of the master plan.\n- (i) a map or series of maps that accurately depict the location of the land uses within the stage; and\n- (ii) supporting documents that include the matters mentioned in subsection (3) for the regulation, implementation and administration of the master plan.\n- (i) provide for the orderly development of land within the stage; and\n- (ii) regulate the use of premises, the erection of buildings and other structures and the subdivision of land within the stage; and\n- (i) a map or series of maps that accurately depict the location of the land uses within the stage; and\n- (ii) supporting documents that include the matters mentioned in subsection (3) for the regulation, implementation and administration of the master plan.\n- (a) the use of premises; and\n- (b) the erection of buildings and other structures; and\n- (c) the subdivision of land; and\n- (d) the keeping of records; and\n- (e) matters relating to offences.","sortOrder":25},{"sectionNumber":"sec.23","sectionType":"section","heading":"Approval of master plan by Governor in Council","content":"### sec.23 Approval of master plan by Governor in Council\n\nThe Council must apply to the Minister for approval of a master plan by the Governor in Council.\nThe Governor in Council may—\napprove the master plan; or\napprove the master plan with modifications; or\nrefuse to approve the master plan.\nA master plan must be approved by regulation.\n(sec.23-ssec.1) The Council must apply to the Minister for approval of a master plan by the Governor in Council.\n(sec.23-ssec.2) The Governor in Council may— approve the master plan; or approve the master plan with modifications; or refuse to approve the master plan.\n(sec.23-ssec.3) A master plan must be approved by regulation.\n- (a) approve the master plan; or\n- (b) approve the master plan with modifications; or\n- (c) refuse to approve the master plan.","sortOrder":26},{"sectionNumber":"sec.24","sectionType":"section","heading":"Master plan replaces concept plan and Townsville planning scheme","content":"### sec.24 Master plan replaces concept plan and Townsville planning scheme\n\nA master plan replaces—\nthe concept plan; and\nthe Townsville planning scheme; and\nthe Council’s by-laws dealing with group title development;\nin relation to the stage to which it applies from the date of notification in the Gazette of the regulation approving the master plan.\n- (a) the concept plan; and\n- (b) the Townsville planning scheme; and\n- (c) the Council’s by-laws dealing with group title development;","sortOrder":27},{"sectionNumber":"sec.25","sectionType":"section","heading":"Master plan to be open for inspection","content":"### sec.25 Master plan to be open for inspection\n\nThe Council must keep a copy of the master plan available for inspection at the office of the Council at all times during which the Council’s office is open for transaction of public business.\nThe Council must, on payment by a person of the fee decided by the Council, give a copy of the master plan to the person.\nThe chief executive must keep a copy of the master plan available for inspection at the office of the chief executive at Townsville at all times during which the chief executive’s office is open for transaction of public business.\nThe chief executive must, on payment by a person of the fee decided by the chief executive, give a copy of the master plan to the person.\n(sec.25-ssec.1) The Council must keep a copy of the master plan available for inspection at the office of the Council at all times during which the Council’s office is open for transaction of public business.\n(sec.25-ssec.2) The Council must, on payment by a person of the fee decided by the Council, give a copy of the master plan to the person.\n(sec.25-ssec.3) The chief executive must keep a copy of the master plan available for inspection at the office of the chief executive at Townsville at all times during which the chief executive’s office is open for transaction of public business.\n(sec.25-ssec.4) The chief executive must, on payment by a person of the fee decided by the chief executive, give a copy of the master plan to the person.","sortOrder":28},{"sectionNumber":"sec.26","sectionType":"section","heading":"Amendment of master plan","content":"### sec.26 Amendment of master plan\n\nA master plan may be amended with the agreement of the Council.\nThe amendment may be done at any time before the registration of a plan of subdivision of land within a stage.\n(sec.26-ssec.1) A master plan may be amended with the agreement of the Council.\n(sec.26-ssec.2) The amendment may be done at any time before the registration of a plan of subdivision of land within a stage.","sortOrder":29},{"sectionNumber":"sec.27","sectionType":"section","heading":"Approval of amendment of master plan by Governor in Council","content":"### sec.27 Approval of amendment of master plan by Governor in Council\n\nThe Council must apply to the Minister for approval of an amendment of the master plan by the Governor in Council.\nThe Governor in Council may—\napprove the amendment; or\napprove the amendment with modifications; or\nrefuse to approve the amendment.\nThe amendment must be approved by regulation.\nThe master plan as amended becomes the master plan.\n(sec.27-ssec.1) The Council must apply to the Minister for approval of an amendment of the master plan by the Governor in Council.\n(sec.27-ssec.2) The Governor in Council may— approve the amendment; or approve the amendment with modifications; or refuse to approve the amendment.\n(sec.27-ssec.3) The amendment must be approved by regulation.\n(sec.27-ssec.4) The master plan as amended becomes the master plan.\n- (a) approve the amendment; or\n- (b) approve the amendment with modifications; or\n- (c) refuse to approve the amendment.","sortOrder":30},{"sectionNumber":"sec.28","sectionType":"section","heading":"Council to administer master plan","content":"### sec.28 Council to administer master plan\n\nThe Council must implement, administer and enforce a master plan approved by the Governor in Council and is bound by it.","sortOrder":31},{"sectionNumber":"pt.5","sectionType":"part","heading":"Inclusion of site or stages in planning scheme","content":"# Inclusion of site or stages in planning scheme","sortOrder":32},{"sectionNumber":"sec.29","sectionType":"section","heading":"When site or stages included in planning scheme","content":"### sec.29 When site or stages included in planning scheme\n\nThe Council must include the site in the Townsville planning scheme as soon as practicable after it is satisfied development of the site has been completed.\nThe Council may at any earlier time include in the Townsville planning scheme any stage in relation to which it is satisfied that development has been completed.\nMaster plans cease to apply to the site or any stage that has been included in the Townsville planning scheme under this Part.\nThe Council’s by-laws dealing with group title development apply to the site or any stage on inclusion of the site or stage in the Townsville planning scheme.\n(sec.29-ssec.1) The Council must include the site in the Townsville planning scheme as soon as practicable after it is satisfied development of the site has been completed.\n(sec.29-ssec.2) The Council may at any earlier time include in the Townsville planning scheme any stage in relation to which it is satisfied that development has been completed.\n(sec.29-ssec.3) Master plans cease to apply to the site or any stage that has been included in the Townsville planning scheme under this Part.\n(sec.29-ssec.4) The Council’s by-laws dealing with group title development apply to the site or any stage on inclusion of the site or stage in the Townsville planning scheme.","sortOrder":33},{"sectionNumber":"sec.30","sectionType":"section","heading":"Procedure for inclusion in Townsville planning scheme until 31 December 2004","content":"### sec.30 Procedure for inclusion in Townsville planning scheme until 31 December 2004\n\nThe inclusion of the site or any stage in the Townsville planning scheme is taken to be an amendment of a planning scheme under section 2.18 (2)(a) of the Local Government (Planning and Environment) Act 1990 .\nThe provisions of the Local Government (Planning and Environment) Act 1990 that apply to an amendment of a planning scheme under section 2.18 (2)(a) of that Act also apply to the amendment of the Townsville planning scheme by the inclusion of the additional area of the site or any stage in the Townsville planning scheme.\nThe Council must have regard to all matters contained in the master plan or plans and in any agreements under Part 3 in preparing an amendment of the Townsville planning scheme under this section.\nIf a person has an interest in premises within the site or a stage and the interest is injuriously affected when the site or stage is included in the Townsville planning scheme by—\nthe coming into force of any provisions contained in the Townsville planning scheme; or\nany prohibition or restriction imposed by the Townsville planning scheme;\nthe person has the same right to claim compensation under the Local Government (Planning and Environment) Act 1990 as a person that has an interest in premises within a planning scheme area that is injuriously affected in the way mentioned in section 3.5 (1)(a)(i) or (ii) of the Local Government (Planning and Environment) Act 1990 .\ns 30 amd 2006 No. 11 s 106\n(sec.30-ssec.1) The inclusion of the site or any stage in the Townsville planning scheme is taken to be an amendment of a planning scheme under section 2.18 (2)(a) of the Local Government (Planning and Environment) Act 1990 .\n(sec.30-ssec.2) The provisions of the Local Government (Planning and Environment) Act 1990 that apply to an amendment of a planning scheme under section 2.18 (2)(a) of that Act also apply to the amendment of the Townsville planning scheme by the inclusion of the additional area of the site or any stage in the Townsville planning scheme.\n(sec.30-ssec.3) The Council must have regard to all matters contained in the master plan or plans and in any agreements under Part 3 in preparing an amendment of the Townsville planning scheme under this section.\n(sec.30-ssec.4) If a person has an interest in premises within the site or a stage and the interest is injuriously affected when the site or stage is included in the Townsville planning scheme by— the coming into force of any provisions contained in the Townsville planning scheme; or any prohibition or restriction imposed by the Townsville planning scheme; the person has the same right to claim compensation under the Local Government (Planning and Environment) Act 1990 as a person that has an interest in premises within a planning scheme area that is injuriously affected in the way mentioned in section 3.5 (1)(a)(i) or (ii) of the Local Government (Planning and Environment) Act 1990 .\n- (a) the coming into force of any provisions contained in the Townsville planning scheme; or\n- (b) any prohibition or restriction imposed by the Townsville planning scheme;","sortOrder":34},{"sectionNumber":"sec.30A","sectionType":"section","heading":"Procedure for inclusion in Townsville IPA planning scheme on and after 1 January 2005","content":"### sec.30A Procedure for inclusion in Townsville IPA planning scheme on and after 1 January 2005\n\nTo include a stage in the Townsville IPA planning scheme, the process for amending a planning scheme stated in the guideline prescribed under the Sustainable Planning Act 2009 , section 117 (1) must be followed.\nIn acting under subsection (1) , the council must have regard to all matters contained in the master plan or plans and any agreements under part 3 .\nSubsection (4) applies if a person has an interest in land and the value of the interest is reduced when a stage is included in the Townsville IPA planning scheme.\nThe person has the right to claim compensation for the reduction under the Local Government (Planning and Environment) Act 1990 (repealed), as if that Act had not been repealed.\ns 30A ins 2006 No. 11 s 107\namd 2009 No. 36 s 872 sch 2\n(sec.30A-ssec.1) To include a stage in the Townsville IPA planning scheme, the process for amending a planning scheme stated in the guideline prescribed under the Sustainable Planning Act 2009 , section 117 (1) must be followed.\n(sec.30A-ssec.2) In acting under subsection (1) , the council must have regard to all matters contained in the master plan or plans and any agreements under part 3 .\n(sec.30A-ssec.3) Subsection (4) applies if a person has an interest in land and the value of the interest is reduced when a stage is included in the Townsville IPA planning scheme.\n(sec.30A-ssec.4) The person has the right to claim compensation for the reduction under the Local Government (Planning and Environment) Act 1990 (repealed), as if that Act had not been repealed.","sortOrder":35},{"sectionNumber":"sec.30B","sectionType":"section","heading":"Validation","content":"### sec.30B Validation\n\nThe amendments are taken to have been validly made.\nIn this section—\namendments means the amendments of the Townsville planning scheme made, or purported to have been made, under part 5 and published in the gazette on the following dates—\n12 July 2002, at page 976;\n4 April 2003, at page 1140;\n12 August 2005, at pages 1288–1289.\ns 30B ins 2006 No. 11 s 107\n(sec.30B-ssec.1) The amendments are taken to have been validly made.\n(sec.30B-ssec.2) In this section— amendments means the amendments of the Townsville planning scheme made, or purported to have been made, under part 5 and published in the gazette on the following dates— 12 July 2002, at page 976; 4 April 2003, at page 1140; 12 August 2005, at pages 1288–1289.\n- (a) 12 July 2002, at page 976;\n- (b) 4 April 2003, at page 1140;\n- (c) 12 August 2005, at pages 1288–1289.","sortOrder":36},{"sectionNumber":"pt.6","sectionType":"part","heading":"General provisions","content":"# General provisions","sortOrder":37},{"sectionNumber":"sec.31","sectionType":"section","heading":"Inconsistency with Townsville planning scheme","content":"### sec.31 Inconsistency with Townsville planning scheme\n\nNothing in the Townsville planning scheme prevents the Council from—\npreparing the proposed concept plan; or\ncalling for expressions of interest in relation to the concept plan; or\npreparing a master plan for a stage in relation to which expressions of interest have been called.\n- (a) preparing the proposed concept plan; or\n- (b) calling for expressions of interest in relation to the concept plan; or\n- (c) preparing a master plan for a stage in relation to which expressions of interest have been called.","sortOrder":38},{"sectionNumber":"sec.32","sectionType":"section","heading":"Rates","content":"### sec.32 Rates\n\nFor the purposes of the levying of rates under the Local Government Act 2009 , a person who has entered into an agreement with the Council under section 19 is taken not to be the owner of the land the subject of the agreement until registration of a plan of subdivision in relation to the land.\ns 32 amd 2009 No. 17 s 331 sch 1","sortOrder":39},{"sectionNumber":"sec.33","sectionType":"section","heading":"Planning certificates","content":"### sec.33 Planning certificates\n\nA person may apply to the Council for a planning certificate that provides details in relation to premises within a stage that is subject to a master plan and an agreement under Part 3 .\nThe types of planning certificates are—\na limited planning certificate; and\na standard planning certificate; and\na full planning certificate.\nThe details to be included in each type of planning certificate are the details prescribed by regulation.\nThe fee payable for each type of planning certificate is that decided by the Council.\n(sec.33-ssec.1) A person may apply to the Council for a planning certificate that provides details in relation to premises within a stage that is subject to a master plan and an agreement under Part 3 .\n(sec.33-ssec.2) The types of planning certificates are— a limited planning certificate; and a standard planning certificate; and a full planning certificate.\n(sec.33-ssec.3) The details to be included in each type of planning certificate are the details prescribed by regulation.\n(sec.33-ssec.4) The fee payable for each type of planning certificate is that decided by the Council.\n- (a) a limited planning certificate; and\n- (b) a standard planning certificate; and\n- (c) a full planning certificate.","sortOrder":40},{"sectionNumber":"sec.34","sectionType":"section","heading":"Proceedings for offences","content":"### sec.34 Proceedings for offences\n\nA person must not use premises in contravention of a condition, requirement or restriction imposed by a master plan or by an agreement under Part 3 .\nMaximum penalty—33 penalty units.\nA person may bring a proceeding on a complaint to prosecute another person for an offence mentioned in subsection (1) , whether or not any right of the complainant has been or may be infringed by, or as a consequence of, the offence.\nA proceeding under this section may be brought by a person on the person’s own behalf or on behalf of the person and—\nanother person, with the person’s consent; or\nan incorporated or unincorporated body (with the consent of its committee or other controlling or governing body);\nthat has like or common interests in the proceeding.\nA person on whose behalf a proceeding is brought is entitled to contribute to, or provide for the payment of, the legal costs and expenses incurred by the person bringing the proceeding.\nA person who after conviction for an offence against subsection (1) (the previous conviction ) continues to fail to comply with the condition, requirement or restriction in relation to which the person incurred the previous conviction commits an offence against this Act.\nMaximum penalty—5 penalty units for each day on which the person continued to fail to comply with the condition, requirement or restriction from the last previous conviction to the person’s conviction for the offence against this subsection.\nAny right or remedy that a person has in respect of an act or omission of another person is not affected because the act or omission constitutes an offence against this section for which no person has been prosecuted.\nOn the hearing of a complaint for an offence under subsection (1) , a Magistrates Court may make an order against the defendant in addition to or in substitution for any penalty it is authorised to impose.\nAn order made under subsection (7) may—\norder the defendant to cease using premises in contravention of a condition, requirement or restriction imposed by a master plan or by an agreement under Part 3 ; or\norder the defendant to do anything required to comply with, or to cease a contravention of, a condition, requirement or restriction mentioned in paragraph (a) ; or\nspecify that the failure to comply constitutes a public nuisance.\nThe order may be in terms that the court considers appropriate to secure compliance with a condition, requirement or restriction mentioned in subsection (8) (a) .\nIf the court makes an order under subsection (7) , it must specify in the order a time within which the order is to be complied with.\nA person who fails to comply with an order under subsection (7) commits an offence.\nMaximum penalty—\nin the case of an individual—33 penalty units; or\nin the case of a corporation—165 penalty units.\nIf—\na person fails to comply with an order made by the court under subsection (7) ; and\nthe order specifies that the failure to comply constitutes a public nuisance;\nthe Council may undertake the work necessary to remove the nuisance.\nAll expenses incurred by the Council in removing the nuisance may be recovered from the person by the Council as a debt due to the Council.\n(sec.34-ssec.1) A person must not use premises in contravention of a condition, requirement or restriction imposed by a master plan or by an agreement under Part 3 . Maximum penalty—33 penalty units.\n(sec.34-ssec.2) A person may bring a proceeding on a complaint to prosecute another person for an offence mentioned in subsection (1) , whether or not any right of the complainant has been or may be infringed by, or as a consequence of, the offence.\n(sec.34-ssec.3) A proceeding under this section may be brought by a person on the person’s own behalf or on behalf of the person and— another person, with the person’s consent; or an incorporated or unincorporated body (with the consent of its committee or other controlling or governing body); that has like or common interests in the proceeding.\n(sec.34-ssec.4) A person on whose behalf a proceeding is brought is entitled to contribute to, or provide for the payment of, the legal costs and expenses incurred by the person bringing the proceeding.\n(sec.34-ssec.5) A person who after conviction for an offence against subsection (1) (the previous conviction ) continues to fail to comply with the condition, requirement or restriction in relation to which the person incurred the previous conviction commits an offence against this Act. Maximum penalty—5 penalty units for each day on which the person continued to fail to comply with the condition, requirement or restriction from the last previous conviction to the person’s conviction for the offence against this subsection.\n(sec.34-ssec.6) Any right or remedy that a person has in respect of an act or omission of another person is not affected because the act or omission constitutes an offence against this section for which no person has been prosecuted.\n(sec.34-ssec.7) On the hearing of a complaint for an offence under subsection (1) , a Magistrates Court may make an order against the defendant in addition to or in substitution for any penalty it is authorised to impose.\n(sec.34-ssec.8) An order made under subsection (7) may— order the defendant to cease using premises in contravention of a condition, requirement or restriction imposed by a master plan or by an agreement under Part 3 ; or order the defendant to do anything required to comply with, or to cease a contravention of, a condition, requirement or restriction mentioned in paragraph (a) ; or specify that the failure to comply constitutes a public nuisance.\n(sec.34-ssec.9) The order may be in terms that the court considers appropriate to secure compliance with a condition, requirement or restriction mentioned in subsection (8) (a) .\n(sec.34-ssec.10) If the court makes an order under subsection (7) , it must specify in the order a time within which the order is to be complied with.\n(sec.34-ssec.11) A person who fails to comply with an order under subsection (7) commits an offence. Maximum penalty— in the case of an individual—33 penalty units; or in the case of a corporation—165 penalty units.\n(sec.34-ssec.12) If— a person fails to comply with an order made by the court under subsection (7) ; and the order specifies that the failure to comply constitutes a public nuisance; the Council may undertake the work necessary to remove the nuisance.\n(sec.34-ssec.13) All expenses incurred by the Council in removing the nuisance may be recovered from the person by the Council as a debt due to the Council.\n- (a) another person, with the person’s consent; or\n- (b) an incorporated or unincorporated body (with the consent of its committee or other controlling or governing body);\n- (a) order the defendant to cease using premises in contravention of a condition, requirement or restriction imposed by a master plan or by an agreement under Part 3 ; or\n- (b) order the defendant to do anything required to comply with, or to cease a contravention of, a condition, requirement or restriction mentioned in paragraph (a) ; or\n- (c) specify that the failure to comply constitutes a public nuisance.\n- (a) in the case of an individual—33 penalty units; or\n- (b) in the case of a corporation—165 penalty units.\n- (a) a person fails to comply with an order made by the court under subsection (7) ; and\n- (b) the order specifies that the failure to comply constitutes a public nuisance;","sortOrder":41},{"sectionNumber":"sec.35","sectionType":"section","heading":"Conditions, requirements and restrictions attach to the land","content":"### sec.35 Conditions, requirements and restrictions attach to the land\n\nConditions, requirements and restrictions in relation to the use of premises imposed by an agreement under Part 3 , that have not been amended, complied with or dispensed with attach to the land and are binding on successors in title.\nThe conditions, requirements and restrictions continue to attach to the land after its inclusion in the Townsville planning scheme.\nThe conditions, requirements and restrictions are then taken to be conditions that attach to the land under the Local Government (Planning and Environment) Act 1990 or the Sustainable Planning Act 2009 .\ns 35 amd 2006 No. 11 s 108 ; 2009 No. 36 s 872 sch 2\n(sec.35-ssec.1) Conditions, requirements and restrictions in relation to the use of premises imposed by an agreement under Part 3 , that have not been amended, complied with or dispensed with attach to the land and are binding on successors in title.\n(sec.35-ssec.2) The conditions, requirements and restrictions continue to attach to the land after its inclusion in the Townsville planning scheme.\n(sec.35-ssec.3) The conditions, requirements and restrictions are then taken to be conditions that attach to the land under the Local Government (Planning and Environment) Act 1990 or the Sustainable Planning Act 2009 .","sortOrder":42},{"sectionNumber":"sec.36","sectionType":"section","heading":"Regulations","content":"### sec.36 Regulations\n\nThe Governor in Council may make regulations for the purposes of this Act.","sortOrder":43},{"sectionNumber":"sec.37","sectionType":"section","heading":"Repeal","content":"### sec.37 Repeal\n\ns 37 om 26 March 1993 RA s 40","sortOrder":44},{"sectionNumber":"sch-pt","sectionType":"part","heading":null,"content":"","sortOrder":45},{"sectionNumber":"sch-pt-oc.2","sectionType":"part","heading":"Map of the site","content":"# Map of the site","sortOrder":46}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Yes. Later amendments altered how the Act interfaces with the planning system: the inclusion procedure was updated to follow the Sustainable Planning Act/Scheme guideline on and after 1 Jan 2005 (s 30A), definitions and scheme references were revised (s 4, s 35), and certain past planning‑scheme amendments were retrospectively validated (s 30B). These changes shift the Act’s procedural links to newer planning legislation and validate earlier inclusions."},"complexity_factors":["Multiple approval layers: local Council resolution, statutory public notice/submissions, Minister application and Governor in Council approval (secs 6–10, 23).","Overlap and temporal replacement of planning regimes: master plans replace the concept plan, the Townsville planning scheme and certain by‑laws for affected stages (sec 24).","Contracting and disposition rules that depart from normal procurement: Council may shortlist, negotiate, make agreements that restrict resale, take mortgages as security, and is exempt from tender rules (secs 17–19, 21).","Enforcement and remedies mix criminal penalties, civil court orders and administrative abatement with cost recovery (sec 34).","Transitional and statutory interaction complexity from references to multiple planning Acts and amendments, including new procedures for scheme inclusion and retrospective validation of prior amendments (secs 4, 30A, 30B, 35).","Administrative burdens and discretionary points: public notice, fees for plan copies, preparation and amendment of concept/master plans, and Council discretion to accept or modify submissions (secs 7–9, 11, 12, 22, 26)."],"plain_english_summary":"This Act lets the Townsville City Council prepare and have approved a concept plan and detailed master plans for Council‑owned land at Douglas, invite developers, enter sale and development agreements (including taking mortgages), and, while a master plan applies to a stage, displace the ordinary Townsville planning scheme for that stage. It affects developers, purchasers and neighbours: the Council selects purchasers, purchasers pay agreed prices/fees and may provide security, and land‑use rules and enforcement (including penalties and compensation rights) follow from the Act."},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act's original scope was a one-time development framework for a specific parcel of Council land at Douglas, Townsville. Over time, amendments expanded its scope to address transitions between successive Queensland planning regimes (three different Acts referenced), introduced a validation provision to retroactively cure potentially invalid past amendments to the planning scheme, and preserved compensation rights under a repealed Act. These additions go beyond the original narrow development facilitation purpose, effectively making the Act an ongoing legal bridge across multiple planning law generations."},"complexity_factors":["Multi-stage regulatory process involving distinct planning instruments (concept plan, master plan) each requiring separate Governor in Council approval by regulation","Interaction with multiple superseded and current Queensland planning statutes (Local Government (Planning and Environment) Act 1990, Integrated Planning Act 1997, Sustainable Planning Act 2009, Local Government Act 1936/2009)","Temporal complexity — different legal rules apply before and after 31 December 2004 and 1 January 2005 depending on which planning scheme regime was in force","Special exemptions from standard local government procurement and tender obligations, creating a bespoke legal framework","Land conditions that survive ownership changes and transition between regulatory regimes (master plan to planning scheme)","Validation provisions (s30B) retrospectively confirming past amendments, suggesting prior legal uncertainty","Compensation rights preserved under a repealed Act (s30A), requiring reference to legislation no longer in force","Offence provisions with continuing daily penalties, court orders, public nuisance declarations and Council cost recovery mechanisms"],"plain_english_summary":"The Act gives Townsville City Council a bespoke planning and sales regime for its Douglas land, letting it set a concept plan, invite developers, and approve staged master plans that override the ordinary Townsville planning scheme during development. It affects the Council, bidders, residents who can make submissions, and future owners who are bound by enduring conditions and possible enforcement penalties. Notable consequences: negotiated sales instead of normal tenders, land‑running conditions, available planning certificates, and limited compensation rights where value is reduced."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1993 Act was a straightforward site-specific development mechanism for Douglas, Townsville. However, it has grown beyond its original scope through amendments that: (1) updated planning scheme references across three different planning regimes (1990 Act → 1997 IPA → 2009 SPA), (2) added validation provisions for past administrative actions, and (3) expanded compensation and enforcement provisions. The Act now functions partly as a historical transition document managing the shift between Queensland's planning law frameworks, not just facilitating a single land development."},"complexity_factors":["Multiple nested approval processes (concept plan → expressions of interest → master plan → return to planning scheme)","Temporal complexity with date-based transitions between planning regimes (pre-2005 vs post-2005 planning schemes)","Cross-references to multiple repealed and current planning Acts (Local Government (Planning and Environment) Act 1990, Integrated Planning Act 1997, Sustainable Planning Act 2009)","Conditional logic for when master plans apply vs when normal planning schemes apply","Validation provision (section 30B) retroactively validating past amendments","Dual enforcement mechanisms (criminal penalties + civil orders + public nuisance provisions in section 34)"],"plain_english_summary":"This Act creates a special planning framework for a specific parcel of land owned by the Townsville City Council at Douglas, Townsville. It allows the Council to develop this land in a staged, coordinated way rather than following the normal town planning rules.\n\n**What it does:**\n- **Concept plan**: The Council must prepare a broad plan showing what it wants to build (housing, shops, parks, etc.) and get public feedback before the Queensland Government (Governor in Council) approves it.\n- **Expressions of interest**: The Council can invite developers to bid on buying and developing chunks ('stages') of the land, and negotiate deals with them directly—skipping normal tender processes.\n- **Master plans**: For each stage, the Council prepares detailed plans that replace the normal town planning rules. These regulate exactly what can be built, how land is used, and subdivision layouts. The Queensland Government must approve these too.\n- **Transition back to normal planning**: Once development is finished, the land goes back under the standard Townsville planning scheme.\n\n**Who it affects:**\n- **Townsville City Council**: Gets special powers to control development and sell land in stages.\n- **Developers**: Can negotiate directly with the Council and get long-term payment arrangements (including mortgages held by the Council).\n- **Local residents**: Can make submissions on the concept plan and amendments, and have rights to compensation if the planning changes hurt their property value.\n- **Future landowners**: Rules in development agreements bind future owners of the land.\n\n**Why it matters:**\nThis is a 'site-specific' Act—parliament created a custom legal regime for one piece of land to ensure coordinated, high-quality development rather than piecemeal construction. It suspends normal planning laws during development, then restores them afterward."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/townsville-city-council-douglas-land-development-act-1993","history":"/api/acts/townsville-city-council-douglas-land-development-act-1993/history","analysis":"/api/acts/townsville-city-council-douglas-land-development-act-1993/analysis","conflicts":"/api/acts/townsville-city-council-douglas-land-development-act-1993/conflicts","importantCases":"/api/acts/townsville-city-council-douglas-land-development-act-1993/important-cases","documents":"/api/acts/townsville-city-council-douglas-land-development-act-1993/documents"}}