Townsville City Council (Douglas Land Development) Act 1993
In ForceQLD
Jurisdiction
Queensland
Act Number
6 of 1993
Collection
act
Plain English Summary
6/10 complexity
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.
This Act creates a statutory framework for the staged disposal, development, subdivision and ongoing land-use regulation of a defined parcel of Council-owned land at Douglas, Townsville, called the site. It does so by authorising a three-step statutory process: the Council prepares and adopts a concept plan (Pt 2, ss 5-16), invites and assesses expressions of interest and enters into development agreements (Pt 3, ss 17-21), and prepares master plans for stages that, once approved by the Governor in Council by regulation, operate in place of the Townsville planning scheme for the relevant stage (Pt 4, ss 22-28; s 24). The Act also sets out how completed stages are to be folded back into the Townsville planning scheme (Pt 5, ss 29-30A), provides enforcement tools and penalties for non-compliance with master-plan conditions and agreement conditions (s 34), makes conditions in agreements bind successors in title (s 35), and provides ancillary procedural and administrative requirements such as public notice, submission procedures, inspection and fee arrangements for plans and certificates, and regulation-making power (ss 7-11, 25, 33, 36).
Mechanically, the Act confers discretion to the Townsville City Council to propose and adopt planning instruments for the site (concept plan and master plans), to run an expressions-of-interest process and negotiate directly with shortlisted proponents (ss 17-19), and to take security including mortgages in favour of the Council to secure payment obligations in sale agreements (s 19(4)-(5)). The Governor in Council must approve concept plans and master plans by regulation for them to have effect (ss 10, 16, 23, 27). While a master plan is in force for a stage it displaces the Townsville planning scheme and certain Council by-laws as to that stage (s 24), and those master-plan conditions and agreement-imposed restrictions attach to the land and bind successors even after inclusion of the stage in the Townsville planning scheme (s 35).
Current sections
Direct links to the current provisions in Townsville City Council (Douglas Land Development) Act 1993.
47
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This Act may be cited as the Townsville City Council (Douglas Land Development) Act 1993 .
sec.2
Object of Act
sec.2 Object of Act
The 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.
sec.3
How object is to be achieved
sec.3 How object is to be achieved
The object of this Act is to be achieved by—
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
allowing public submissions on the proposed concept plan; and
enabling the Governor in Council to approve the concept plan; and
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
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
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
enabling the Governor in Council to approve master plans that—
regulate the orderly development of the land; and
control the use of the developed land; and
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
having the planning scheme again apply to the land or any part of the land after its development in accordance with the master plan.
(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
(b) allowing public submissions on the proposed concept plan; and
(c) enabling the Governor in Council to approve the concept plan; and
(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
(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
(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
(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
(i) regulate the orderly development of the land; and
(ii) control the use of the developed land; and
(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
(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.
(i) regulate the orderly development of the land; and
(ii) control the use of the developed land; and
sec.4
Definitions
sec.4 Definitions
In this Act—
chief executive means the chief executive of the department.
clerk means the Town Clerk of the Council.
concept plan means the plan mentioned in Part 2 .
Council means the Council of the City of Townsville.
master plan means a plan mentioned in Part 4 .
premises includes land, buildings and other structures, and any part of land, building and other structures.
site means the land owned by the Council at Douglas, Townsville, that is specified in the Schedule.
stage means a part of the site in relation to which expressions of interest are called for its purchase, development and subdivision under this Act.
Townsville 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 .
s 4 def Townsville IPA planning scheme ins 2006 No. 11 s 105 (2)
amd 2009 No. 36 s 872 sch 2
Townsville planning scheme means—
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
on and from 1 January 2005—the Townsville IPA planning scheme.
s 4 def Townsville planning scheme sub 2006 No. 11 s 105 (1) – (2)
working day means a day when the office of the Council is open for transaction of public business.
(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
(b) on and from 1 January 2005—the Townsville IPA planning scheme.
pt.2
Concept plan
Concept plan
sec.5
Concept plan
sec.5 Concept plan
The Council must prepare a proposed concept plan for the site as soon as practicable after the commencement of this Act.
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.
(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.
(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.
(a) generally indicate the Council’s planning intentions in relation to the site; and
(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.
(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.
(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.
sec.6
Adoption of proposed concept plan
sec.6 Adoption of proposed concept plan
The proposed concept plan must be adopted by the Council by resolution.
sec.7
Public notice of proposed concept plan
sec.7 Public notice of proposed concept plan
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.
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.
(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.
(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.
(a) specify that the Council has adopted a proposed concept plan for the site; and
(b) be published in a newspaper circulating in the City of Townsville; and
(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
(d) specify the cost of a copy of the proposed concept plan; and
(e) invite submissions from any interested persons or groups; and
(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.
sec.8
Submissions on proposed concept plan
sec.8 Submissions on proposed concept plan
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.
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.
(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.
(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.
(a) be in writing and signed by each person or on behalf of each group making the submission; and
(b) be addressed to and lodged with the clerk; and
(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.
(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.
(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.
sec.9
Modification of proposed concept plan
sec.9 Modification of proposed concept plan
The Council must consider all submissions properly made to it and may modify the proposed concept plan after considering the submissions.
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.
(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.
(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.
sec.10
Approval of concept plan by Governor in Council
sec.10 Approval of concept plan by Governor in Council
The Council must apply to the Minister for approval of the concept plan by the Governor in Council.
The Governor in Council may—
approve the concept plan; or
approve the concept plan with modifications; or
refuse to approve the concept plan.
The concept plan must be approved by regulation.
(sec.10-ssec.1) The Council must apply to the Minister for approval of the concept plan by the Governor in Council.
(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.
(sec.10-ssec.3) The concept plan must be approved by regulation.
(a) approve the concept plan; or
(b) approve the concept plan with modifications; or
(c) refuse to approve the concept plan.
sec.11
Concept plan to be open for inspection
sec.11 Concept plan to be open for inspection
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.
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.
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.
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.
(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.
(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.
(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.
(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.
sec.12
Amendment of concept plan
sec.12 Amendment of concept plan
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 .
The proposed amendment must be adopted by the Council by resolution.
(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 .
(sec.12-ssec.2) The proposed amendment must be adopted by the Council by resolution.
sec.13
Public notice of proposed amendment of concept plan
sec.13 Public notice of proposed amendment of concept plan
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.
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.
(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.
(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.
(a) specify that the Council has adopted a proposed amendment of the concept plan for the site; and
(b) set out the nature of the proposed amendment of the concept plan; and
(c) be published in a newspaper circulating in the City of Townsville; and
(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
(e) specify the cost of a copy of the proposed amendment of the concept plan; and
(f) invite submissions from any interested persons or groups; and
(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.
sec.14
Submissions on proposed amendment of concept plan
sec.14 Submissions on proposed amendment of concept plan
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.
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.
(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.
(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.
(a) be in writing and signed by each person or on behalf of each group making the submission; and
(b) be addressed to and lodged with the clerk; and
(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.
(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.
(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.
sec.15
Modification of proposed amendment of concept plan
sec.15 Modification of proposed amendment of concept plan
The Council must consider all submissions properly made to it and may modify the proposed amendment of the concept plan after considering the submissions.
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.
(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.
(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.
sec.16
Approval of amendment of concept plan by Governor in Council
sec.16 Approval of amendment of concept plan by Governor in Council
The Council must apply to the Minister for approval of an amendment of the concept plan by the Governor in Council.
The Governor in Council may—
approve the amendment; or
approve the amendment with modifications; or
refuse to approve the amendment.
The amendment of the concept plan must be approved by regulation.
The concept plan as amended becomes the concept plan.
(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.
(sec.16-ssec.2) The Governor in Council may— approve the amendment; or approve the amendment with modifications; or refuse to approve the amendment.
(sec.16-ssec.3) The amendment of the concept plan must be approved by regulation.
(sec.16-ssec.4) The concept plan as amended becomes the concept plan.
(a) approve the amendment; or
(b) approve the amendment with modifications; or
(c) refuse to approve the amendment.
pt.3
Expressions of interest and related agreements
Expressions of interest and related agreements
sec.17
Council to call for expressions of interest
sec.17 Council to call for expressions of interest
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.
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.
(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.
(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.
(a) purchasing from the Council any stage that is not the subject of an agreement under section 19 ; and
(b) developing and subdividing the stage generally in accordance with the concept plan.
sec.18
Consideration of expressions of interest
sec.18 Consideration of expressions of interest
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.
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.
(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.
(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.
sec.19
Agreements in relation to purchase, development and subdivision
sec.19 Agreements in relation to purchase, development and subdivision
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.
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.
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.
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.
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.
The Council may apply amounts for the purpose of agreements made under this section.
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.
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.
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.
(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.
(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.
(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.
(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.
(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.
(sec.19-ssec.6) The Council may apply amounts for the purpose of agreements made under this section.
(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.
(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.
(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.
(a) with more than 1 person; and
(b) in relation to a stage or any part of a stage.
(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
(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.
(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.
(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.
sec.20
Things done under agreements functions of local government
sec.20 Things done under agreements functions of local government
Anything done by the Council under this Act is a function of local government of the Council.
sec.21
Tenders not required for agreements
sec.21 Tenders not required for agreements
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.
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.
(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.
(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.
pt.4
Master plans
Master plans
sec.22
Council to prepare master plans
sec.22 Council to prepare master plans
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.
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.
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.
(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.
(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.
(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.
(a) must be generally in accordance with the concept plan; and
(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
(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
(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.
(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.
(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
(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.
(a) the use of premises; and
(b) the erection of buildings and other structures; and
(c) the subdivision of land; and
(d) the keeping of records; and
(e) matters relating to offences.
sec.23
Approval of master plan by Governor in Council
sec.23 Approval of master plan by Governor in Council
The Council must apply to the Minister for approval of a master plan by the Governor in Council.
The Governor in Council may—
approve the master plan; or
approve the master plan with modifications; or
refuse to approve the master plan.
A master plan must be approved by regulation.
(sec.23-ssec.1) The Council must apply to the Minister for approval of a master plan by the Governor in Council.
(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.
(sec.23-ssec.3) A master plan must be approved by regulation.
(a) approve the master plan; or
(b) approve the master plan with modifications; or
(c) refuse to approve the master plan.
sec.24
Master plan replaces concept plan and Townsville planning scheme
sec.24 Master plan replaces concept plan and Townsville planning scheme
A master plan replaces—
the concept plan; and
the Townsville planning scheme; and
the Council’s by-laws dealing with group title development;
in relation to the stage to which it applies from the date of notification in the Gazette of the regulation approving the master plan.
(a) the concept plan; and
(b) the Townsville planning scheme; and
(c) the Council’s by-laws dealing with group title development;
sec.25
Master plan to be open for inspection
sec.25 Master plan to be open for inspection
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.
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.
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.
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.
(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.
(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.
(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.
(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.
sec.26
Amendment of master plan
sec.26 Amendment of master plan
A master plan may be amended with the agreement of the Council.
The amendment may be done at any time before the registration of a plan of subdivision of land within a stage.
(sec.26-ssec.1) A master plan may be amended with the agreement of the Council.
(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.
sec.27
Approval of amendment of master plan by Governor in Council
sec.27 Approval of amendment of master plan by Governor in Council
The Council must apply to the Minister for approval of an amendment of the master plan by the Governor in Council.
The Governor in Council may—
approve the amendment; or
approve the amendment with modifications; or
refuse to approve the amendment.
The amendment must be approved by regulation.
The master plan as amended becomes the master plan.
(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.
(sec.27-ssec.2) The Governor in Council may— approve the amendment; or approve the amendment with modifications; or refuse to approve the amendment.
(sec.27-ssec.3) The amendment must be approved by regulation.
(sec.27-ssec.4) The master plan as amended becomes the master plan.
(a) approve the amendment; or
(b) approve the amendment with modifications; or
(c) refuse to approve the amendment.
sec.28
Council to administer master plan
sec.28 Council to administer master plan
The Council must implement, administer and enforce a master plan approved by the Governor in Council and is bound by it.
pt.5
Inclusion of site or stages in planning scheme
Inclusion of site or stages in planning scheme
sec.29
When site or stages included in planning scheme
sec.29 When site or stages included in planning scheme
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.
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.
Master plans cease to apply to the site or any stage that has been included in the Townsville planning scheme under this Part.
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.
(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.
(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.
(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.
(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.
sec.30
Procedure for inclusion in Townsville planning scheme until 31 December 2004
sec.30 Procedure for inclusion in Townsville planning scheme until 31 December 2004
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 .
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.
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.
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 .
s 30 amd 2006 No. 11 s 106
(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 .
(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.
(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.
(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 .
(a) the coming into force of any provisions contained in the Townsville planning scheme; or
(b) any prohibition or restriction imposed by the Townsville planning scheme;
sec.30A
Procedure for inclusion in Townsville IPA planning scheme on and after 1 January 2005
sec.30A Procedure for inclusion in Townsville IPA planning scheme on and after 1 January 2005
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.
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 .
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.
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.
s 30A ins 2006 No. 11 s 107
amd 2009 No. 36 s 872 sch 2
(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.
(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 .
(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.
(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.
sec.30B
Validation
sec.30B Validation
The amendments are taken to have been validly made.
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.
s 30B ins 2006 No. 11 s 107
(sec.30B-ssec.1) The amendments are taken to have been validly made.
(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.
(a) 12 July 2002, at page 976;
(b) 4 April 2003, at page 1140;
(c) 12 August 2005, at pages 1288–1289.
pt.6
General provisions
General provisions
sec.31
Inconsistency with Townsville planning scheme
sec.31 Inconsistency with Townsville planning scheme
Nothing in the Townsville planning scheme prevents the Council from—
preparing the proposed concept plan; or
calling for expressions of interest in relation to the concept plan; or
preparing a master plan for a stage in relation to which expressions of interest have been called.
(a) preparing the proposed concept plan; or
(b) calling for expressions of interest in relation to the concept plan; or
(c) preparing a master plan for a stage in relation to which expressions of interest have been called.
sec.32
Rates
sec.32 Rates
For 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.
s 32 amd 2009 No. 17 s 331 sch 1
sec.33
Planning certificates
sec.33 Planning certificates
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 .
The types of planning certificates are—
a limited planning certificate; and
a standard planning certificate; and
a full planning certificate.
The details to be included in each type of planning certificate are the details prescribed by regulation.
The fee payable for each type of planning certificate is that decided by the Council.
(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 .
(sec.33-ssec.2) The types of planning certificates are— a limited planning certificate; and a standard planning certificate; and a full planning certificate.
(sec.33-ssec.3) The details to be included in each type of planning certificate are the details prescribed by regulation.
(sec.33-ssec.4) The fee payable for each type of planning certificate is that decided by the Council.
(a) a limited planning certificate; and
(b) a standard planning certificate; and
(c) a full planning certificate.
sec.34
Proceedings for offences
sec.34 Proceedings for offences
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.
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.
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.
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.
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.
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.
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.
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.
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) .
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.
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.
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.
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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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) .
(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.
(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.
(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.
(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.
(a) another person, with the person’s consent; or
(b) an incorporated or unincorporated body (with the consent of its committee or other controlling or governing body);
(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
(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
(c) specify that the failure to comply constitutes a public nuisance.
(a) in the case of an individual—33 penalty units; or
(b) in the case of a corporation—165 penalty units.
(a) a person fails to comply with an order made by the court under subsection (7) ; and
(b) the order specifies that the failure to comply constitutes a public nuisance;
sec.35
Conditions, requirements and restrictions attach to the land
sec.35 Conditions, requirements and restrictions attach to the land
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.
The conditions, requirements and restrictions continue to attach to the land after its inclusion in the Townsville planning scheme.
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 .
s 35 amd 2006 No. 11 s 108 ; 2009 No. 36 s 872 sch 2
(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.
(sec.35-ssec.2) The conditions, requirements and restrictions continue to attach to the land after its inclusion in the Townsville planning scheme.
(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 .
sec.36
Regulations
sec.36 Regulations
The Governor in Council may make regulations for the purposes of this Act.
sec.37
Repeal
sec.37 Repeal
s 37 om 26 March 1993 RA s 40
sch-pt
sch-pt-oc.2
Map of the site
Map of the site
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This Act may be cited as the Townsville City Council (Douglas Land Development) Act 1993 .
sec.2 Object of Act
sec.2 Object of Act
The 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.
sec.3 How object is to be achieved
sec.3 How object is to be achieved
The object of this Act is to be achieved by—
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
allowing public submissions on the proposed concept plan; and
enabling the Governor in Council to approve the concept plan; and
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
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
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
enabling the Governor in Council to approve master plans that—
regulate the orderly development of the land; and
control the use of the developed land; and
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
having the planning scheme again apply to the land or any part of the land after its development in accordance with the master plan.
(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
(b) allowing public submissions on the proposed concept plan; and
(c) enabling the Governor in Council to approve the concept plan; and
(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
(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
The Act also creates specific procedural duties: public notice and minimum consultation periods for a proposed concept plan (at least 20 working days, s 7) and for amendments to it (at least 10 working days, s 13), prescribed form and content of submissions (ss 8, 14), the requirement that the Council adopt the proposed plan or amendment by resolution after considering submissions (ss 6, 9, 15), and the obligation to keep approved concept plans and master plans available for inspection and supply copies for a fee (ss 11, 25). The Act explicitly removes certain procurement obligations and statutory tender requirements that would otherwise apply to the Council when entering agreements under Pt 3 (s 21), and it characterises the Council’s actions under the Act as local government functions (s 20). Finally, the Act preserves statutory compensation rights where legislative inclusion of a stage in the planning scheme reduces the value of an interest in land (s 30; s 30A(3)-(4)).
Those are the mechanical changes made by the instrument. The Act imposes decision-making and transparency obligations on the Council, grants the Council broad contracting and land-management powers in relation to the site, and creates a two-level regulatory structure (concept plan for the whole site, master plans for stages) that can displace and later be folded back into the Townsville planning scheme.
Main concepts
The Act organises its regulatory architecture around a small set of statutory concepts. Each term is defined in s 4 and used consistently throughout the Act.
Site, stage: The site is the parcel of Council-owned land at Douglas identified in the Schedule, and a stage is any part of the site for which expressions of interest are called (s 4 definition of site and stage). The Act is structured so that the Council can address the land in stages, with master plans applied stage by stage (ss 17, 22, 24, 29).
Concept plan: A strategic, Council-prepared document that "generally indicates the Council’s planning intentions" for the entire site and consists of maps and supporting documents about preferred land uses, type, scale and density (s 5). The Council must adopt a proposed concept plan by resolution (s 6), publicly notify it (s 7) and allow submissions (ss 7-9). The Governor in Council approves the concept plan by regulation (s 10). The concept plan can be amended, with prescribed notice and submission procedures (ss 12-16).
Expressions of interest and agreements: After Governor in Council approval of the concept plan, the Council must invite expressions of interest for purchase and development of stages (s 17). The Council shortlists and may negotiate with shortlisted persons (s 18). The Council may then make and perform agreements with shortlisted persons for purchase, development and subdivision (s 19). Agreements can include deferred payments tied to transfer of fee simple, restrictions on onward sale pending compliance, and security devices such as mortgages in favour of the Council (s 19(3)-(5)). Agreements may be conditional on an approved master plan if entered into before the master plan is approved (s 19(7)).
Master plan: A more detailed statutory instrument applying to a particular stage, required to be generally in accordance with the concept plan, and intended to regulate use of premises, erection of buildings and subdivision of land within the stage (s 22). A master plan consists of maps and supporting documents including requirements for use, erection of buildings, subdivision, record-keeping and matters relating to offences (s 22(2)-(3)). The Council must apply for Governor in Council approval by regulation for a master plan to take effect (s 23). Once approved, a master plan replaces the concept plan, the Townsville planning scheme and relevant Council by-laws for the stage (s 24).
Planning scheme interaction and inclusion: The Act specifies the pathway for inclusion of completed stages into the Townsville planning scheme, treating such inclusion as an amendment under the applicable planning legislation (ss 29-30, 30A). The Act also contains a validation clause treating certain past amendments as validly made (s 30B).
Enforcement and land covenants: Conditions imposed by agreements that remain outstanding attach to the land and bind successors (s 35). There is a criminal and civil enforcement scheme for contraventions of master-plan or agreement-imposed conditions, including prosecutorial standing for private complainants, penalties measured in penalty units, court powers to order compliance, and a mechanism for the Council to abate nuisances and recover costs as a debt (s 34).
Administrative arrangements: The Council is required to keep copies of concept plans and master plans available for inspection and to supply copies for a fee decided by the Council, and the chief executive must also keep copies available (ss 11, 25). Planning certificates for premises within a stage subject to a master plan and agreement can be issued by the Council, in three types with details prescribed by regulation and fees set by the Council (s 33). The Governor in Council retains regulation-making power for the Act (s 36).
Together, these concepts create a two-tiered local planning regime for the site, anchored by a concept plan and implemented stage by stage through master plans and contractual arrangements with private developers. The statutory design makes the Governor in Council the approver of key instruments while leaving selection of private development partners and administration of master plans primarily to the Council.
Who it affects
The Act creates duties, powers and legal relationships that affect identifiable groups and interests. These are the principal persons and bodies affected, with the statutory source noted.
Townsville City Council, its clerk and chief executive: The Council is the central decision-maker at every stage. It must prepare and adopt the concept plan (s 5-6), give public notice and receive submissions (ss 7-9), invite expressions of interest (s 17), shortlist and negotiate (s 18), enter into agreements and take security (s 19), prepare master plans and apply for Governor in Council approval (ss 22-23), administer approved master plans (s 28), include completed stages in the Townsville planning scheme (s 29), keep copies of plans and give copies for a fee (ss 11, 25), and issue planning certificates (s 33). The clerk and the chief executive are named operationally: submissions are to be lodged with the clerk (s 8) and the chief executive must keep a copy of the concept plan available for inspection and supply copies for a fee (s 11).
Prospective purchasers and developers: Persons and entities who respond to the Council’s expressions of interest are directly affected. The Council may shortlist and negotiate with them (s 18). Agreements with purchasers can include deferred payment terms, restrictions on resale without Council approval, and requirements to provide security such as a mortgage in favour of the Council (s 19(3)-(5)). The Council must consider financial, planning and social objectives of the concept plan when choosing a purchaser (s 19(8)), and must record reasons for its decision to enter agreements with particular parties (s 19(9)).
Existing land interest holders within the site: Persons who hold interests in premises within the site or stages may be affected by master-plan rules, agreement conditions and later inclusion of their land in the Townsville planning scheme. The Act preserves compensation rights where inclusion in the planning scheme reduces the value of an interest, treating that right as available under the Local Government (Planning and Environment) Act 1990 as if it had not been repealed (s 30(4); s 30A(3)-(4)). Conditions and restrictions imposed by agreements attach to the land and bind successors in title (s 35).
Residents, businesses and the public at large: The Act creates statutory public consultation steps for the proposed concept plan and its amendments (ss 7, 13), and provides private complaint and prosecution rights for offences against master-plan or agreement-imposed conditions (s 34(2)-(4)). The Magistrates Court has power to order compliance and to characterise non-compliance as a public nuisance (s 34(7)-(9)). The Act also permits the Council to recover costs where it removes a nuisance (s 34(12)-(13)).
The Governor in Council and the Minister: The Governor in Council, acting on the Minister’s submission, is the statutory approver of concept plans and master plans by regulation (ss 10, 16, 23, 27). The Minister is the recipient of the Council’s application to secure that approval (ss 10, 16, 23, 27).
Other statutory bodies and legislation: The Act interacts with provisions of earlier planning and local government statutes. It excludes applicability of certain procurement provisions of the Local Government Act 1936 in relation to agreements entered under Pt 3 (s 21). It directs the inclusion of stages into the Townsville planning scheme under the Local Government (Planning and Environment) Act 1990 and the Sustainable Planning Act 2009 processes (ss 30, 30A). For rates purposes under the Local Government Act 2009, a purchaser under an agreement is not taken to be the owner for rates until registration of a plan of subdivision (s 32).
Who pays and who decides: The Council decides on plans, invites EOIs, and selects proponents; purchasers and developers pay purchase price and perform development obligations under agreements; residents and affected landholders may incur changes to land-use entitlements and may need to seek compensation where value is reduced. Enforcement costs can be recovered by the Council where the Council removes a public nuisance (s 34(12)-(13)). The Governor in Council decides whether concept plans and master plans take legal effect by regulation (ss 10, 23).
Key duties and rights
The Act assigns a compact set of statutory duties to the Council and corresponding rights to various private actors. Below are the principal duties, powers and rights created by the text, cited to sections.
Council duties and procedural obligations
Prepare a proposed concept plan as soon as practicable after commencement (s 5(1)), consisting of maps and supporting documents indicating planning intentions and general type, scale and density of development (s 5(2)). The Council must adopt the proposed plan by resolution (s 6).
Give public notice after adoption and before Ministerial application, publish in a Townsville newspaper, set inspection times and the cost of copies, invite submissions and set a submissions cut-off of at least 20 working days (s 7).
Consider properly made submissions, may modify the proposed concept plan, and adopt the concept plan by resolution after considering submissions (s 9).
Apply to the Minister for Governor in Council approval; the Governor in Council may approve, approve with modifications, or refuse, and approval must be by regulation (s 10).
Keep copies of the concept plan and master plans available for inspection at Council offices, and supply copies on payment of a Council-decided fee; the chief executive must also keep copies available and may supply copies for a decided fee (ss 11, 25).
Where a master plan applies, the Council must administer, implement and enforce it and is bound by it (s 28).
Include the site in the Townsville planning scheme as soon as practicable after development is completed, or earlier include a stage when satisfied development is completed (s 29). When including a stage, the Council must follow the amendment processes prescribed under the relevant planning legislation (s 30, s 30A).
Specify reasons when resolving to make and perform agreements with shortlisted persons (s 19(9)).
The Council may require security and take a mortgage in favour of the Council to secure compliance and payment under sale agreements (s 19(4)-(5)).
The Council must follow prescribed notice and submissions procedures for amendments to concept plans (ss 12-16).
Council powers and discretions
Invite expressions of interest for purchase and development of stages after concept plan approval and before master plans have applied to every stage (s 17).
Shortlist and negotiate with shortlisted persons (s 18).
Enter into agreements with one or more persons for purchase, development and subdivision; agreements may be conditional on master plan approval, may permit deferred payments, and may restrict sale without Council approval (s 19(1)-(3), (7)).
Apply amounts (monies) for the purposes of agreements made under s 19 (s 19(6)).
Exempt from tender processes and other procurement rules that would otherwise apply; in particular the Council is not required to give notice to invite tenders or quotations for agreements under Pt 3, and certain provisions of the Local Government Act 1936 do not apply (s 21).
Rights and obligations of private parties
Persons or groups may make written, signed submissions to the Council on the proposed concept plan and on proposed amendments (ss 8, 14). Submissions must state names, addresses and grounds and material relied upon (ss 8(2)(c), 14(2)(c)).
Respondents to EOIs have a statutory right to be considered and to be shortlisted; the Council must prepare a shortlist from those who submit expressions of interest and may negotiate with shortlisted persons (s 18).
Purchasers under agreements can be required to give security including a mortgage to secure compliance and payment (s 19(4)-(5)).
A purchaser under an agreement is not taken to be owner for rates purposes until registration of a plan of subdivision (s 32).
Persons holding interests in land reduced by inclusion in the Townsville planning scheme retain compensation rights under the Local Government (Planning and Environment) Act 1990 as if that Act had not been repealed (s 30(4); s 30A(3)-(4)).
Persons may apply to the Council for planning certificates about premises in a stage subject to a master plan and an agreement; types and contents of certificates are regulated and fees decided by the Council (s 33).
Enforcement rights and remedies
A person may bring a complaint to prosecute another for using premises in contravention of master-plan or agreement-imposed conditions, even if the complainant’s rights are not infringed (s 34(2)). Such proceedings may be brought by individuals or bodies with consent of their governing bodies on behalf of others with common interests (s 34(3)-(4)).
The Magistrates Court can make orders to cease contravening use, require steps to comply, and declare non-compliance a public nuisance (s 34(7)-(9)). Orders specify time for compliance and failing to comply is an offence with staged penalties, and the Council may abate nuisances and recover costs as a debt (s 34(10)-(13)).
Conditions in agreements that have not been amended, complied with or dispensed with attach to the land and bind successors in title, and continue to attach after inclusion in the Townsville planning scheme (s 35).
These duties, powers and rights create a statutory ecosystem where the Council is gatekeeper and contractual counterparty, the Governor in Council is the approver of statutory instruments, private developers can be granted purchase and development rights on conditional and secured terms, and affected landholders retain compensation and enforcement avenues under both administrative and court processes.
Penalties and enforcement
The Act establishes both criminal penalties and civil enforcement tools focused on compliance with conditions and restrictions imposed by master plans and agreements under Part 3.
Primary criminal offence and penalties
The core offence is the use of premises in contravention of a condition, requirement or restriction imposed by a master plan or by an agreement under Part 3 (s 34(1)). The maximum penalty for that offence is 33 penalty units. That provision captures use-based non-compliance rather than mere construction or paperwork failures, though the master plan and agreement instruments themselves may regulate erection of buildings and subdivision (s 22).
Continuing offences and daily penalties
If, after conviction for the primary offence, a person continues to fail to comply with the condition, the person commits a further offence carrying a maximum penalty of 5 penalty units for each day of continued non-compliance from the date of the last conviction to the date of the subsequent conviction (s 34(5)). This establishes continuing daily liability that can aggregate.
Court orders and remedial powers
On hearing a complaint for an offence under s 34(1), a Magistrates Court may make orders beyond or instead of imposing a penalty (s 34(7)). The court may order the defendant to cease using premises contrary to the condition, require the defendant to do anything to secure compliance or cessation of contravention, and may specify that failure to comply constitutes a public nuisance (s 34(8)).
Orders may be in terms the court considers appropriate to secure compliance, and must specify a time for compliance (ss 34(9)-(10)). Failing to comply with a court order is itself an offence. The maximum penalty for non-compliance with an order is specified by person type: for an individual 33 penalty units, for a corporation 165 penalty units (s 34(11)).
Private enforcement and standing
The Act permits private prosecutions or complaints. A person may bring a proceeding on a complaint to prosecute another for the offence in s 34(1), whether or not the complainant’s own rights have been infringed as a consequence of the offence (s 34(2)). Proceedings may be brought by a person on behalf of others with consent, including bodies that have common interests (s 34(3)-(4)). The person on whose behalf a proceeding is brought may contribute to or provide for payment of the costs of the person bringing the proceeding (s 34(4)). This broad standing mechanism enables community groups or other aggrieved parties to seek enforcement.
Council abatement and cost recovery
If a person fails to comply with a court order and the order specifies the failure constitutes a public nuisance, the Council may undertake work necessary to remove the nuisance and recover all expenses incurred as a debt due to the Council (s 34(12)-(13)). This creates a practical enforcement pathway for the Council to remedy non-compliance and recover costs.
Attachment of conditions and impact on property law
Conditions, requirements and restrictions in respect of the use of premises imposed by agreements under Part 3 attach to the land and are binding on successors in title until amended, complied with or dispensed with (s 35(1)). Those conditions continue to attach after inclusion of the stage or site in the Townsville planning scheme (s 35(2)). The conditions are then treated as conditions attaching under the Local Government (Planning and Environment) Act 1990 or the Sustainable Planning Act 2009 (s 35(3)). That mechanism creates enduring land obligations enforceable against subsequent owners.
Penalties in context
The Act uses specified penalty units rather than fixed dollar amounts within the text. These must be read and assessed in light of the relevant schedule for penalty unit value and any subsequent amendments to penalty unit valuations under general State statute. The court’s power to make remedial orders in addition to pecuniary penalties provides an enforcement mix aimed at injunctive outcomes, daily fine exposure for continuing breaches, and the capacity for cost recovery by the Council where the Council acts to remove a nuisance.
Procedural enforcement features
The Act permits private prosecutions (s 34(2)), requires the Council to keep plans available for public inspection and purchase (ss 11, 25), and sets minimum consultation periods and prescribed form and content for submissions (ss 7-9, 13-15). Those procedural features can be relevant to enforcement, because notice and availability of the rules may be relevant to culpability and to the practical ability of third parties to detect and complain about contraventions.
The enforcement regime therefore combines criminal penalties, daily continuing fines, court-ordered remedial powers, private standing to enforce, and a practical remedy for the Council to abate nuisances and recover costs. Conditions attach to the land and persist beyond transfer, giving the Council and the public enduring leverage to secure compliance with planning and agreement conditions.
How it interacts with other laws
The Act is tightly cross-referenced to Queensland planning and local government statutes, and it both disapplies and invokes provisions of other Acts. The interaction points determine process, compensation rights, rates treatment, and procurement exceptions.
Interaction with Townsville planning scheme and planning statutes
The Townsville planning scheme is the default local planning instrument referenced in the Act. The Act defines "Townsville planning scheme" to mean the former Local Government (Planning and Environment) Act 1990 scheme until 31 December 2004, and from 1 January 2005 the Townsville IPA planning scheme under the Integrated Planning Act 1997, continued under the Sustainable Planning Act 2009 (s 4 definitions). The Act thus anticipates changes in planning statute and ties its regimes to the contemporary planning legislative framework at the relevant time.
A master plan approved by regulation replaces the Townsville planning scheme in relation to the stage to which it applies from the date of Gazette notification of approval (s 24). Master-plan conditions and restrictions continue to attach to the land and are treated as conditions under the Local Government (Planning and Environment) Act 1990 or the Sustainable Planning Act 2009 upon inclusion in the planning scheme (s 35(3)).
Inclusion of a stage in the Townsville planning scheme is taken to be an amendment under section 2.18(2)(a) of the Local Government (Planning and Environment) Act 1990, and the procedural provisions for amendment in that Act apply to such inclusion for the pre-2005 period (s 30(1)-(2)). For inclusion on and after 1 January 2005, inclusion must follow the process set out in the guideline prescribed under the Sustainable Planning Act 2009, s 117(1) (s 30A(1)). The Council must have regard to master plans and agreements when preparing amendments under these processes (s 30(3); s 30A(2)).
Compensation rights preserved
If inclusion of a stage in the Townsville planning scheme reduces the value of a person’s interest in land, the person has the right to claim compensation under the Local Government (Planning and Environment) Act 1990 as if that Act had not been repealed (s 30(4); s 30A(4)). The Act thus preserves an established statutory compensation pathway despite subsequent legislative changes.
Procurement and Local Government Act interactions
The Act expressly removes the obligation to invite tenders or quotations under other Acts for agreements made under Part 3. Section 21(1) provides that despite the provisions of any other Act the Council is not required to give notice to invite tenders or quotations in relation to agreements under this Part. Further, s 21(2) disapplies sections 19(4)-(10) and 19A and Part 11A of the Local Government Act 1936 in relation to agreements made under Pt 3. Those disapplications remove particular procurement controls that would normally apply to local government land transactions at the time.
Rates law
For rates levying under the Local Government Act 2009, a person who has entered into an agreement with the Council under s 19 is not taken to be the owner of the land subject to the agreement until registration of a plan of subdivision (s 32). That affects rates liability during the contract period, placing the rates burden on the registered owner until formal subdivision registration.
Regulation-making and Governor in Council approval
Concept plans, amendments to concept plans, master plans and amendments to master plans must be approved by regulation (ss 10(3), 16(3), 23(3), 27(3)). The Council’s application for approval is to be made via the Minister, and the Governor in Council may approve, approve with modifications, or refuse (ss 10, 16, 23, 27). The requirement that key instruments be made effective by regulation brings these matters within executive regulatory control as well as local decision-making.
Validation of prior amendments
Section 30B validates certain prior amendments of the Townsville planning scheme made or purportedly made under Part 5 and published in the Gazette on specified dates (12 July 2002; 4 April 2003; 12 August 2005). The validation clause therefore interacts with any challenge or uncertainty arising from those published amendments, treating them as validly made.
Preservation of offences and enforcement regimes
Conditions and restrictions imposed by agreement are to be taken to be conditions attaching under the Local Government (Planning and Environment) Act 1990 or the Sustainable Planning Act 2009 when a stage is included in the Townsville planning scheme (s 35(3)). This cross-reference ensures continuity of enforcement and regulatory character when instruments migrate between frameworks.
Overall, the Act does not operate in isolation. It anticipates and specifies how its instruments fit into the prevailing Queensland planning statutes, preserves compensation remedies under earlier planning law, exempts the Council from particular procurement laws at the time, and places regulatory approval in the hands of the Governor in Council via the Minister. Practitioners must therefore read the Act together with the applicable planning and local government statutes cited in the text to determine procedural requirements, compensation rights and rates consequences.
Amendment history
The Act text includes a number of inline amendment notes that identify statutory changes or insertions. The following statements are taken from those amendment annotations recorded in the provided text.
s 4 definitions: The definition "Townsville IPA planning scheme" was inserted or amended by 2006 No. 11 s 105(2), and s 4 as amended also records an amendment by 2009 No. 36 s 872 sch 2. The definition of "Townsville planning scheme" was substituted by 2006 No. 11 s 105(1)-(2). The working-day and other definitions appear as retained language. These notes indicate the Act was updated to align with planning statute changes introduced in 2006 and 2009.
s 30A (Procedure for inclusion in Townsville IPA planning scheme on and after 1 January 2005) was inserted by 2006 No. 11 s 107 and later amended by 2009 No. 36 s 872 sch 2. That insertion implements process alignment with the Sustainable Planning Act 2009 and its guideline framework for amending planning schemes (s 30A(1) cites the Sustainable Planning Act 2009, s 117(1) guideline).
s 30B (Validation) was inserted by 2006 No. 11 s 107. Section 30B validates amendments of the Townsville planning scheme published in the Gazette on three specified dates: 12 July 2002 (page 976), 4 April 2003 (page 1140), and 12 August 2005 (pages 1288-1289). Section 30B(1) declares those amendments to have been validly made.
s 35 notes amendments by 2006 No. 11 s 108 and 2009 No. 36 s 872 sch 2. Those amendments appear to relate to transitional or alignment matters with the Sustainable Planning Act 2009 and the Local Government (Planning and Environment) Act 1990 references.
s 32 was amended by 2009 No. 17 s 331 sch 1, changing rates treatment language to align with the Local Government Act 2009.
Other amendment markers are embedded in the definitions and section annotations, indicating the Act was subject to at least two series of legislative changes in the mid-2000s and 2009 to reflect shifts in Queensland planning and local government statute.
The Act as presented therefore reflects updates to integrate it with the Integrated Planning Act 1997, Sustainable Planning Act 2009, and the Local Government Act 2009. The text includes specific references to amending instruments and schedule items (for example 2006 No. 11 and 2009 No. 36), and a validation provision recognising particular Gazette notices from 2002, 2003 and 2005. Any further amendment history beyond these annotated insertions and substitutions is not present in the provided text and should be checked against official legislative databases for comprehensive amendment timelines.
Litigation history
The provided Act text contains no recorded case law, litigation docket entries, judicial decisions or references to court rulings. There are no judicial citations, no reported authority interpreting its provisions, and no recorded challenges to the Act or its instruments within the text supplied. Section 30B validates specified prior planning-scheme amendments published in the Gazette, which is a legislative measure addressing potential legal uncertainty arising from administrative action, but that provision does not itself record any judicial outcome.
For an accurate litigation history, practitioners should consult legal databases, court records and the Queensland legislation history to identify whether any proceedings have arisen under the Act’s provisions, such as challenges to the validity of regulatory approvals (concept plan or master plans), disputes under agreements entered pursuant to Pt 3, private prosecutions or Magistrates Court orders under s 34, or compensation claims under the Local Government (Planning and Environment) Act 1990 pathway preserved by the Act (s 30, s 30A). The Act’s text, as supplied, does not include results of such litigation, if any.
Gotchas
The Act contains numerous procedural traps and durable statutory effects that can catch practitioners and parties unprepared. The following items identify salient points where careful drafting, process compliance or strategic attention is required, with section citations.
Governor in Council approval is required for legal effect
Concept plans and master plans, and their amendments, only attain legal effect if approved by the Governor in Council by regulation (ss 10(3), 16(3), 23(3), 27(3)). Practitioners should not treat a Council-adopted instrument as operative until the regulation is made and published in the Gazette. Agreements made before master plan approval must be conditional on a master plan being approved and not inconsistent with the agreement (s 19(7)). The sequencing of agreements, master-plan approvals and regulatory publication is therefore critical.
Master plans displace the Townsville planning scheme and by-laws
An approved master plan replaces the Townsville planning scheme and the Council’s by-laws dealing with group title development for the relevant stage from Gazette notification (s 24). That replacement is localised to the stage affected, and this can create a patchwork of differing regulatory regimes across adjacent land within the same site. Parties must check which instrument applies to specific parcels at any point in time.
Agreement-imposed conditions attach to the land and bind successors
Conditions, requirements and restrictions in agreements that are outstanding attach to the land and are binding on successors in title (s 35(1)-(2)). Those conditions remain in force after inclusion in the Townsville planning scheme, and are to be treated as conditions under earlier or later planning acts (s 35(3)). Buyers must perform thorough title and agreement due diligence to identify enduring obligations.
Procurement exceptions and selection transparency
The Council is not required to invite tenders or quotations for agreements under Pt 3, and certain Local Government Act 1936 provisions do not apply (s 21). This creates broad discretion for the Council to select proponents through expressions of interest and negotiated processes (ss 17-19). The Act requires the Council to specify reasons when resolving to make agreements with shortlisted persons (s 19(9)), but does not mandate a particular procurement architecture. This combination can create perception or risk of preferential deals if procurement documentation and reasoning are not robustly recorded.
Restrictions on resale and deferred payments
Agreements may require deferred payments linked to transfer of fee simple, and may prohibit resale without prior Council approval or until conditions are met (s 19(3)). These restraints affect liquidity and exit strategies for purchasers and investors, and they must be anticipated in financing and security arrangements.
Security in favour of Council
The Council may require and take security, including mortgages over the land in favour of the Council, to secure compliance with agreement terms (s 19(4)-(5)). Developers and financiers need to plan for Council-held mortgages that could affect priority and lending arrangements.
Private prosecution standing and procedural formality
The Act allows persons to bring proceedings to prosecute breaches of master-plan or agreement conditions even if their own rights are not infringed (s 34(2)), and submissions and complaints must satisfy the form and lodgement requirements set out in the Act for earlier consultation steps (ss 8, 14 refer to signed written submissions to the clerk). Private enforcement exposure may be broader than under some planning schemes.
Fees and inspection copies under Council or chief executive discretion
The Council decides the fee for copies of the concept plan and master plans, and the chief executive decides the fee for copies held at the chief executive’s office (ss 11(2), 11(4), 25(2), 25(4)). Those fees may be material for developers, title searchers and members of the public seeking information, and are set by local administrative discretion.
Rates treatment differs from ownership
A purchaser under an agreement is not taken to be the owner for rates purposes until registration of a plan of subdivision (s 32). Parties must factor rates liability in line with registered title rather than contractual possession or equitable ownership.
Amendments and timing sensitivity
Amendments to the concept plan require shorter public notice periods than initial adoption (at least 10 working days, s 13), but still require Council adoption and Governor in Council approval by regulation if applied for (ss 12-16). Master-plan amendments require Council agreement and Governor in Council approval (ss 26-27), and may only be made before registration of a plan of subdivision for the stage (s 26(2)). Contract terms should therefore monitor master-plan amendment windows and conditions linking contractual obligations to the timing of subdivision registration.
Validation clause may foreclose challenges
Section 30B validates specified prior amendments published in the Gazette in 2002, 2003 and 2005. If a party contemplates attacking those amendments, they should be aware of the statutory validation in force in this Act.
Statutory compensation pathway preserved but requires procedural alignment
The Act preserves a right to claim compensation under the Local Government (Planning and Environment) Act 1990 where inclusion in the Townsville planning scheme reduces the value of an interest, treating that right as available as if the Act had not been repealed (s 30(4); s 30A(4)). Affected parties must follow the procedural steps under that Act and check whether transitional legislative provisions affect how compensation claims must be made.
These points are concrete statutory features that affect rights, title, procurement, finance, and enforcement. Parties should build contractual provisions, due diligence checklists and development finance models around them, and ensure statutory approvals and regulatory sequencing are properly managed.
How to comply
This section sets out practical steps and a compliance checklist tailored to the statutory duties and options in the Act. It addresses obligations of the Council, obligations of prospective purchasers/developers, and compliance measures for owners and other stakeholders.
For the Council (statutory processes to follow)
Concept plan development and adoption
Prepare the proposed concept plan promptly after commencement of the Act to satisfy the "as soon as practicable" duty (s 5(1)). Ensure the document includes maps and supporting documents describing preferred land uses, type, scale and density (s 5(2)).
Adopt the proposed concept plan by formal Council resolution (s 6). Record minutes clearly to demonstrate resolution, adoption date and any modifications made following submissions.
Public notice and consultation
Publish the public notice in a newspaper circulating in the City of Townsville after adoption and before applying to the Minister (s 7). Ensure the notice specifies inspection details, cost of copies, and invites submissions with a date no earlier than 20 working days after publication (s 7(2)(f)-(g)).
Receive, log and keep all submissions signed and addressed to the clerk, ensuring each submission lists names, addresses and grounds with supporting facts (s 8(2)). Maintain a submissions register and evidence of lodgement.
Consideration and adoption
Consider all properly made submissions, make any modifications based on submissions, and adopt the concept plan by resolution after consideration (s 9). Retain a submissions-response register to justify any changes and to support the Council’s later reasons if required.
Ministerial application and Governor in Council approval
Prepare Ministerial application materials with the adopted concept plan and submissions file, and submit for Governor in Council approval. Be prepared for the Governor in Council to approve, approve with modifications, or refuse; consider drafting alternative formulations for likely requested modifications (s 10).
Expressions of interest and agreements
After obtaining concept-plan approval (s 17), advertise expressions of interest in the Townsville newspaper and any other considered appropriate (s 17(2)). Maintain transparent records of advertisement text, publication dates and stakeholder outreach.
Evaluate EOIs and prepare a shortlist based on assessment criteria aligned with the concept plan’s financial, planning and social objectives (s 18(2); s 19(8)). Document scoring, evaluation matrices, conflict-of-interest checks and probity processes since procurement exemptions under s 21 reduce other statutory protections.
Engage in negotiations only with shortlisted persons and ensure any conditionality is expressly drafted into draft agreements, including provisions making agreements conditional on master-plan approval if entered before the master plan is approved (s 19(7)).
Contractual terms and security
Draft agreement terms to handle deferred payments tied to transfer of fee simple, restrictions on resale without Council approval, default remedies and the form of security acceptable to the Council, including mortgages in favour of the Council (s 19(3)-(5)). Ensure agreements specify that purchaser is not owner for rates until registration if that outcome is intended (s 32).
Require the Council to specify reasons for resolution to enter into a particular agreement and preserve those records (s 19(9)).
Master-plan drafting and approval
Draft master plans for each stage consistent with the concept plan, including maps and supporting documents covering use of premises, erection of buildings, subdivision, record-keeping and offences (s 22). Apply for Governor in Council approval by regulation (s 23). Coordinate drafting with prospective purchasers to ensure master plan is not inconsistent with agreements.
Administration and record-keeping
Implement, administer and enforce approved master plans and ensure consistent application across the stage (s 28). Keep copies of concept plans and master plans available for inspection and supply copies on payment of the Council-determined fee; ensure the chief executive also holds copies available at Townsville (ss 11, 25).
Establish processes for issuing planning certificates as prescribed by regulation, and set and publish the certificate fee schedule (s 33).
For prospective purchasers and developers
Due diligence
Review the concept plan and any adopted or proposed master plans carefully; obtain and review copies from Council and the chief executive (ss 11, 25). Understand permitted uses, building controls and subdivision rules in the master plan and any conditions that will attach to the land under any agreement (s 22; s 35).
Contract negotiation
Negotiate clear conditionality if an agreement is to be entered into before master-plan approval; ensure the agreement contains explicit fallbacks if the Governor in Council modifies or refuses approval (s 19(7)).
Plan for security arrangements including Council mortgages and ensure adequacy of title and priority arrangements with lenders (s 19(4)-(5)). Seek clarity on resale restrictions and Council approval processes required for subsequent disposals (s 19(3)(b)).
Rates and taxation planning
Account for the statutory rule that a purchaser under an agreement is not owner for rates until registration of a plan of subdivision (s 32). Adjust cashflow models and covenant timing accordingly.
Compliance and enforcement risk
Implement compliance systems to ensure uses conform to master-plan and agreement-imposed conditions, given criminal penalties, potential private prosecutions and Magistrates Court remedial powers (s 34). Factor potential continuing daily penalties into risk management.
For owners, landholders and the public
Monitoring and submission rights
If affected by the proposed concept plan or its amendment, lodge written, signed submissions with the clerk within the publicised period and retain proof of lodgement and supporting facts (ss 7-9, 13-15). Where issues arise, third parties may pursue enforcement or private prosecutions (s 34(2)).
Compensation pathways
If inclusion in the Townsville planning scheme reduces the value of an interest, note that the Act preserves a right to claim compensation under the Local Government (Planning and Environment) Act 1990 as if that Act had not been repealed (s 30(4); s 30A(4)). Seek early legal advice on claim procedures and time limits.
Title-transfer vigilance
When acquiring land in the site, request searches for agreement-imposed conditions and ensure the purchaser’s obligations and Council mortgages are revealed in title searches. Remember that conditions can attach and bind successors (s 35).
Operational and documentation checklist
Maintain a submissions register and a reasons register for Council resolutions to make agreements (s 19(9)).
Keep contemporaneous records of advertisements and EOI assessment processes due to s 21 exemptions from usual procurement law.
Ensure all agreements specify whether transfer and payment milestones are conditional on subdivision registration, master-plan approval and other statutory events (s 19(3), (7)).
Prepare master-plan amendments before registration of plan of subdivision if specific flexible drafting is desired, since s 26 restricts amendment timing.
If nuisance abatement is contemplated by the Council, document notices served and costs incurred separately so the Council can recover expenses as a debt (s 34(12)-(13)).
Coordinate with the Minister’s office and the Office of the Governor in Council to ensure timely regulation-making once plans are approved.
Following these steps will align practice with the statutory sequence and documentation expectations embedded in the Act. Parties should also cross-check applicable planning legislation and guideline processes cited in the Act for inclusion of stages into the planning scheme (s 30, s 30A), and seek targeted legal and financial advice on mortgage priority, rates liability, compensation procedures and enforcement exposure.
(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
(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
(i) regulate the orderly development of the land; and
(ii) control the use of the developed land; and
(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
(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.
(i) regulate the orderly development of the land; and
(ii) control the use of the developed land; and
sec.4 Definitions
sec.4 Definitions
In this Act—
chief executive means the chief executive of the department.
clerk means the Town Clerk of the Council.
concept plan means the plan mentioned in Part 2 .
Council means the Council of the City of Townsville.
master plan means a plan mentioned in Part 4 .
premises includes land, buildings and other structures, and any part of land, building and other structures.
site means the land owned by the Council at Douglas, Townsville, that is specified in the Schedule.
stage means a part of the site in relation to which expressions of interest are called for its purchase, development and subdivision under this Act.
Townsville 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 .
s 4 def Townsville IPA planning scheme ins 2006 No. 11 s 105 (2)
amd 2009 No. 36 s 872 sch 2
Townsville planning scheme means—
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
on and from 1 January 2005—the Townsville IPA planning scheme.
s 4 def Townsville planning scheme sub 2006 No. 11 s 105 (1) – (2)
working day means a day when the office of the Council is open for transaction of public business.
(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
(b) on and from 1 January 2005—the Townsville IPA planning scheme.
pt.2 Concept plan
Concept plan
sec.5 Concept plan
sec.5 Concept plan
The Council must prepare a proposed concept plan for the site as soon as practicable after the commencement of this Act.
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.
(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.
(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.
(a) generally indicate the Council’s planning intentions in relation to the site; and
(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.
(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.
(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.
sec.6 Adoption of proposed concept plan
sec.6 Adoption of proposed concept plan
The proposed concept plan must be adopted by the Council by resolution.
sec.7 Public notice of proposed concept plan
sec.7 Public notice of proposed concept plan
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.
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.
(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.
(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.
(a) specify that the Council has adopted a proposed concept plan for the site; and
(b) be published in a newspaper circulating in the City of Townsville; and
(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
(d) specify the cost of a copy of the proposed concept plan; and
(e) invite submissions from any interested persons or groups; and
(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.
sec.8 Submissions on proposed concept plan
sec.8 Submissions on proposed concept plan
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.
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.
(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.
(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.
(a) be in writing and signed by each person or on behalf of each group making the submission; and
(b) be addressed to and lodged with the clerk; and
(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.
(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.
(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.
sec.9 Modification of proposed concept plan
sec.9 Modification of proposed concept plan
The Council must consider all submissions properly made to it and may modify the proposed concept plan after considering the submissions.
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.
(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.
(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.
sec.10 Approval of concept plan by Governor in Council
sec.10 Approval of concept plan by Governor in Council
The Council must apply to the Minister for approval of the concept plan by the Governor in Council.
The Governor in Council may—
approve the concept plan; or
approve the concept plan with modifications; or
refuse to approve the concept plan.
The concept plan must be approved by regulation.
(sec.10-ssec.1) The Council must apply to the Minister for approval of the concept plan by the Governor in Council.
(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.
(sec.10-ssec.3) The concept plan must be approved by regulation.
(a) approve the concept plan; or
(b) approve the concept plan with modifications; or
(c) refuse to approve the concept plan.
sec.11 Concept plan to be open for inspection
sec.11 Concept plan to be open for inspection
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.
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.
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.
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.
(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.
(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.
(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.
(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.
sec.12 Amendment of concept plan
sec.12 Amendment of concept plan
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 .
The proposed amendment must be adopted by the Council by resolution.
(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 .
(sec.12-ssec.2) The proposed amendment must be adopted by the Council by resolution.
sec.13 Public notice of proposed amendment of concept plan
sec.13 Public notice of proposed amendment of concept plan
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.
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
s
This is an opening excerpt, not the complete document.