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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
TEMPORARY COASTAL
DWELLINGS PROTECTION
BILL 1999
Queensland
TEMPORARY COASTAL DWELLINGS
PROTECTION BILL 1999
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--PERMITS TO OCCUPY DWELLING SITES
Division 1--Applications for, and grant of, permits
3 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Notice of proposal to grant application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
5 Objector may inspect application and other information . . . . . . . . . . . . . . . 5
6 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
7 Grant of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
8 Refusal of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Division 2--Conditions of permit
9 Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
10 Obligation to perform conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Division 3--Cancellation, surrender or transfer of permit, and
change of permit conditions
11 Conditions for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
12 Grounds for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
13 Notice of cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
14 Minister to consider representations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
15 Cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
16 Surrender of permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
17 Transfer of permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
2
Temporary Coastal Dwellings Protection
18 Change of permit conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
19 What happens when permit ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
PART 3--APPEALS
20 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
21 Starting appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
22 Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
23 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
24 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
25 Appeal to District Court on questions of law only . . . . . . . . . . . . . . . . . . . . 12
PART 4--MISCELLANEOUS
26 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
27 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 13
DICTIONARY
1999
A BILL
FOR
An Act to provide for the grant of permits to occupy land on which
temporary coastal dwellings are situated
s1 4 s3
Temporary Coastal Dwellings Protection
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
title 3
Short
1. This Act may be cited as the Temporary Coastal Dwellings Protection 4
Act 1999. 5
6
Dictionary
2. The dictionary in the schedule defines particular words used in this 7
Act. 8
PART 2--PERMITS TO OCCUPY DWELLING SITES 9
Division 1--Applications for, and grant of, permits 10
11
Application
3.(1) A person may apply to the Minister for a permit under this Act only 12
if-- 13
(a) immediately before the commencement of the Act, the person 14
owned a temporary coastal dwelling; and 15
(b) the dwelling has been on the land on which it is situated 16
(the "dwelling site") for at least 10 years. 17
(2) The application must-- 18
(a) be in the approved form; and 19
(b) be given to the Minister within 6 months after the 20
commencement; and 21
s4 5 s5
Temporary Coastal Dwellings Protection
(c) be supported by enough information to enable the Minister to 1
decide the application; and 2
(d) be accompanied by-- 3
(i) the appropriate application fee; and 4
(ii) if the dwelling site is on land subject to a lease, licence or 5
permit under the Land Act 1994 and the applicant is not the 6
holder of the lease, licence or permit--the holder's written 7
consent to the grant of the application. 8
(3) The Minister may also require-- 9
(a) an applicant to give the Minister additional information about the 10
application; or 11
(b) any information in the applicant's application, or any additional 12
information required under paragraph (a), to be verified by 13
statutory declaration. 14
of proposal to grant application 15
Notice
4.(1) Before granting the application, the Minister must give public notice 16
of the proposal to grant the application. 17
(2) The notice must-- 18
(a) be published in a newspaper circulating generally in the area of the 19
dwelling site; and 20
(b) state that a person whose interests are affected by the grant of the 21
application (an "objector") may object to the grant of the 22
application; and 23
(c) state a day by which objections may be given to the Minister. 24
may inspect application and other information 25
Objector
5.(1) An objector may inspect the application and any additional 26
information about the application given to the Minister. 27
(2) The Minister must ensure the application and additional information 28
are available at all reasonable times for inspection by the objector. 29
s6 6 s8
Temporary Coastal Dwellings Protection
application 1
Deciding
6. In deciding whether to grant or refuse the application, or what should 2
be the conditions of a permit, the Minister must consider the following-- 3
(a) the application; 4
(b) additional information given in relation to the application; 5
(c) any objections to the grant of the application; 6
(d) whether the relevant temporary coastal dwelling is safe for use as 7
a dwelling having regard to the nature and condition of the 8
dwelling, the area in which it is located and the area's usual 9
weather conditions; 10
(e) whether the public interest is likely to be adversely affected if the 11
application were granted. 12
of application 13
Grant
7. If the Minister decides to grant the application, the Minister must, 14
within 14 days after making the decision, give the applicant-- 15
(a) a permit in the approved form; and 16
(b) if the Minister imposes conditions on the permit, written notice 17
stating the following-- 18
(i) the reasons for the decision; 19
(ii) that the applicant may appeal against the decision to a 20
Magistrates Court within 28 days after receiving the notice; 21
(iii) how to start an appeal. 22
of application 23
Refusal
8. If the Minister decides to refuse to grant the application, the Minister 24
must, within 14 days after making the decision, give the applicant written 25
notice stating the following-- 26
(a) the decision; 27
(b) the reasons for the decision; 28
(c) that the applicant may appeal against the decision to a Magistrates 29
s9 7 s 11
Temporary Coastal Dwellings Protection
Court within 28 days after receiving the notice; 1
(d) how to start an appeal. 2
Division 2--Conditions of permit 3
4
Conditions
9.(1) A permit may be granted for up to 20 years. 5
(2) The Minister may impose conditions on the permit the Minister 6
decides are appropriate to the dwelling site and the purpose of the permit. 7
(3) Without limiting subsection (2), the Minister may impose 8
conditions-- 9
(a) about improvements on the dwelling site; and 10
(b) about the care and protection of the site or land adjoining it; and 11
(c) about cancellation of the permit. 12
(4) A permit may not be renewed, sublet or mortgaged. 13
to perform conditions 14
Obligation
10.(1) A permittee must comply with all of the conditions of the permit. 15
(2) If no action is taken on a breach of a condition of a permit, it is not a 16
waiver, authorisation or excuse for the breach. 17
3--Cancellation, surrender or transfer of permit, and change 18
Division
of permit conditions 19
for cancellation 20
Conditions
11. The Minister may cancel a permit only if the Minister believes a 21
ground exists for the cancellation and the procedure under sections 13 to 15 22
is followed. 23
s 12 8 s 15
Temporary Coastal Dwellings Protection
for cancellation 1
Grounds
12. Each of the following is a ground for cancelling a permit-- 2
(a) the permit was issued in error or because of a document or 3
representation that is false, misleading or omits a material 4
particular; 5
(b) the permittee has breached a condition of the permit. 6
of cancellation 7
Notice
13. If the Minister proposes to cancel a permit, the Minister must give the 8
permittee a written notice stating the following-- 9
(a) that the Minister proposes to cancel the permit; 10
(b) the grounds for the proposed cancellation; 11
(c) the facts and circumstances forming the basis for the grounds; 12
(d) that the permittee may, within 28 days after the permittee receives 13
the notice, give the Minister written representations to show why 14
the permit should not be cancelled. 15
to consider representations 16
Minister
14. The Minister must consider the written representations given to the 17
Minister under section 13(d). 18
19
Cancellation
15.(1) If, after considering the representations, the Minister still believes a 20
ground exists to cancel the permit, the Minister may cancel the permit. 21
(2) If the Minister decides to cancel the permit, the Minister must give the 22
permittee a notice (a "cancellation notice") stating the following-- 23
(a) the decision; 24
(b) the reasons for the decision; 25
(c) that the permittee may appeal against the decision to a Magistrates 26
Court within 28 days after receiving the notice; 27
s 16 9 s 19
Temporary Coastal Dwellings Protection
(d) how to start an appeal. 1
(3) Cancellation is effective from-- 2
(a) the day the permittee receives the cancellation notice; or 3
(b) if a later day is stated in the notice--the later day. 4
(4) No compensation is payable for the cancellation of a permit. 5
of permit 6
Surrender
16. A permittee may, at any time, surrender the permit. 7
of permit 8
Transfer
17.(1) This section applies if a permittee transfers the permit to another 9
person (the "transferee"). 10
(2) The transferee must give the permit to the Minister for the details of 11
the transfer to be recorded on the permit. 12
of permit conditions 13
Change
18.(1) The Minister may change the conditions of a permit with the 14
agreement of the permittee. 15
(2) If a permittee agrees to a change of condition, the permittee must 16
return the permit to the Minister for the change in condition to be recorded 17
on the permit. 18
(3) The change of condition has effect from the day the change is 19
recorded. 20
happens when permit ends 21
What
19.(1) If a permit is cancelled, expires or is surrendered-- 22
(a) any improvements on the dwelling site the subject of the permit 23
become the property of the State and no compensation is payable; 24
and 25
(b) the site becomes unallocated State land. 26
s 20 10 s 21
Temporary Coastal Dwellings Protection
(2) However, the Minister must allow the permittee to remove the 1
improvements within a reasonable time-- 2
(a) if a permit is cancelled--after the day the permit is cancelled; or 3
(b) if a permit expires or is surrendered--after expiry or surrender. 4
ART 3--APPEALS 5
P
may appeal 6
Who
20. The following persons (an "appellant") may appeal to a Magistrates 7
Court under this part against the following decisions of the Minister-- 8
(a) for a decision under section 7 to grant an application--a person 9
who objected to the proposal to grant the application; 10
(b) for a decision under section 8 to refuse to grant an 11
application--the applicant; 12
(c) for a decision under section 9(2) to impose conditions on the 13
grant of an application-- 14
(i) the applicant; or 15
(ii) a person who objected to the proposal to grant the 16
application; 17
(d) for a decision under section 15(1) to cancel a permit--the 18
permittee. 19
appeal 20
Starting
21.(1) An appeal is started by-- 21
(a) filing a written notice of appeal with the clerk of the court of the 22
Magistrates Court nearest the place where the appellant resides or 23
carries on business or employment; and 24
(b) giving a copy of the notice to the chief executive. 25
(2) The notice must be filed within 28 days after the appellant receives 26
s 22 11 s 23
Temporary Coastal Dwellings Protection
notice of the decision appealed against. 1
(3) The court may at any time extend the period for filing the notice of 2
appeal. 3
(4) The notice of appeal must state the grounds of the appeal. 4
of operation of decisions 5
Stay
22.(1) A Magistrates Court may stay a decision appealed against to 6
secure the effectiveness of the appeal. 7
(2) A stay-- 8
(a) may be given on conditions the court considers appropriate; and 9
(b) has effect for the period fixed by the court; and 10
(c) may be revoked or amended by the court. 11
(3) The period of a stay given by the court must not extend past the time 12
when the court decides the appeal. 13
(4) The appeal affects the decision or carrying out of the decision only if 14
the decision is stayed. 15
procedures 16
Hearing
23.(1) The procedure for an appeal to a Magistrates Court under this part 17
is to be in accordance with-- 18
(a) the rules of court for Magistrates Courts; or 19
(b) in the absence of relevant rules--directions of a Magistrates 20
Court. 21
(2) The appeal is by way of rehearing, unaffected by the Minister's 22
decision. 23
(3) In deciding the appeal, a Magistrates Court-- 24
(a) is not bound by the rules of evidence; and 25
(b) must observe natural justice. 26
s 24 12 s 27
Temporary Coastal Dwellings Protection
of court on appeal 1
Powers
24.(1) In deciding an appeal, the court may-- 2
(a) confirm the decision appealed against; or 3
(b) vary the decision; or 4
(c) set aside the decision and substitute another decision; or 5
(d) set aside the decision and return the matter to the Minister with 6
directions that the court considers appropriate. 7
(2) In varying the decision or substituting another decision, the court has 8
the same powers as the Minister. 9
(3) If the court substitutes another decision, the substituted decision is, 10
other than for this part, taken to be the decision of the Minister. 11
(4) The court may make an order for costs it considers appropriate. 12
to District Court on questions of law only 13
Appeal
25.(1) An appellant may appeal against a decision of a Magistrates Court 14
to the District Court, but only on a question of law. 15
(2) On hearing the appeal, the court may make an order for costs it 16
considers appropriate. 17
PART 4--MISCELLANEOUS 18
of forms 19
Approval
26. The chief executive may approve forms for use under this Act. 20
power 21
Regulation-making
27.(1) The Governor in Council may make regulations under this Act. 22
(2) Without limiting subsection (1), a regulation may be made about fees. 23
13
Temporary Coastal Dwellings Protection
SCHEDULE 1
¡
DICTIONARY 2
section 2 3
"appellant" see section 20. 4
"approved form" means a form approved under section 26. 5
"cancellation notice" see section 15(2). 6
"dwelling site" see section 3(1)(b). 7
"holder", of a lease, licence or permit under the Land Act 1994, means the 8
person to whom the lease, licence or permit is issued. 9
"improvements", on a dwelling site, means any building, fence, roadway, 10
path or other structure on the site. 11
"objector" see section 4(2)(b). 12
"permit" means a permit to occupy a dwelling site given under section 7. 13
"permittee" means the person to whom a permit is granted or transferred. 14
"public interest" includes the cultural, environmental, heritage, land 15
protection, planning, recreational, and social interests of the public. 16
"temporary coastal dwelling" means a building or other structure, or part 17
of a building or other structure, that-- 18
(a) is erected on-- 19
(i) unallocated State land; or 20
(ii) land the subject of a lease, licence or permit under the Land 21
Act 1994; and 22
14
Temporary Coastal Dwellings Protection
SCHEDULE (continued)
(b) is being used as a dwelling, whether or not occupied at all times; 1
and 2
(c) is within 20 km of the mainland shore. 3
"unallocated State land" see Land Act 1994, schedule 6.1 4
1 Under the Land Act 1994, schedule 6, unallocated State land" is defined as
follows--
` "unallocated State land" means all land that is not--
(a) freehold land, or land contracted to be granted in fee simple by the State;
or
(b) a road or reserve, including a national park, conservation park, State forest
or timber reserve; or
(c) subject to a lease, licence or permit issued by the State.'.
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