Implementation of The Spit Master Plan Act 2020
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Minister:
Deputy Premier, Minister for State Development, Infrastructure and Planning and Minister for Industrial Relations
Agency:
Department of State Development, Infrastructure and Planning
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Implementation of The Spit Master Plan Act 2020
Implementation of The Spit Master Plan Act 2020
An Act to facilitate the implementation of a master plan for the Southport Spit
Long title amd 2020 No. 6
s 13
Part 1
Preliminary
1 Short title
This Act may be cited as the
Implementation of The Spit Master Plan Act 2020 .
2 Purpose of Act
The purpose of this Act is to facilitate the implementation of the Spit master plan by— (a) enabling the Minister to perform functions and exercise powers in relation to roads in the master plan area; and
(b) providing a streamlined process for the granting under the
Land Act 1994
of particular interests in land in the master plan area to the State.
Note—
See also the
Gold Coast Waterways Authority Act 2012
for the powers and functions of the Gold Coast Waterways Authority in relation to the implementation of the Spit master plan.
3 Act binds all persons
This Act binds all persons, including the State.
Part 2
Interpretation
4 Definitions
The dictionary in schedule 2 defines particular words used in this Act.
5 Meaning of
master plan area
The
master plan area
is the area shown as The Spit master plan area on the map in schedule 1 .
6 Meaning of
Spit master plan
The
Spit master plan
is the document called ‘The Spit master plan’, dated May 2019 and published by the department.
Part 3
Provisions relating to implementation of Spit master plan
7 Roads and road closures
(1) The Minister may, for a road in the master plan area, perform functions or exercise powers the Minister considers necessary or desirable to facilitate the implementation of the Spit master plan.
(2) Without limiting subsection (1), the Minister may, by gazette notice, permanently or temporarily close all or part of a road in the master plan area.
(3) The closure of the road or part takes effect from the day the gazette notice is published or a later day stated in the notice.
(4) Before the closure takes effect, the Minister must publish notice of the closure in a newspaper circulating in the Gold Coast local government area.
(5) Failure to comply with subsection (4) does not invalidate the closure.
(6) The Minister may do everything necessary to stop traffic using a road or part of a road closed under this section.
(7) A road or part of a road that is permanently closed under this section may be dealt with under an Act as unallocated State land.
(8) To remove any doubt, it is declared that this section applies in relation to a road— (a) whether or not the road is a State-controlled road under the
Transport Infrastructure Act 1994 ; and
(b) whether or not the
Land Act 1994
applies in relation to the road.
(9) The
Local Government Act 2009 , section 75 and the
Transport Infrastructure Act 1994 , section 33 do not apply in relation to the performance of a function, or the exercise of a power, under this section.
(10) In this section—
road
see the
Land Act 1994 , section 93 .
8 Granting of deeds of grant under the Land Act 1994
for land in the master plan area
(1) For the
Land Act 1994 , chapter 4 , part 1 , division 2 , a deed of grant of unallocated State land in the master plan area may be granted under that Act without competition if the grant is to the State.
(2) The
Land Act 1994 , section 16 does not apply in relation to the grant.
(3) Despite the
Land Act 1994 , no fee or amount is payable by the State in relation to the grant, including— (a) a purchase price for the land; or
(b) an amount for the value of improvements on the land; or
(c) a fee for the registration of the grant.
(4) Subsection (1) does not limit the
Land Act 1994 , chapter 4 , part 1 , division 2 .
9 Granting of leases under the Land Act 1994
for land in the master plan area
The
Land Act 1994 , section 16 does not apply in relation to the grant of a lease, under that Act, of unallocated State land in the master plan area if the grant is to the State.
Part 4
Miscellaneous
10 Delegations
The Minister may delegate the Minister’s functions or powers under this Act to the chief executive.
11 Regulation-making power
The Governor in Council may make regulations under this Act.
Schedule 1
Master plan area
section 5
Schedule 2
Dictionary
section 4
master plan area
see section 5 .
Spit master plan
see section 6 .
unallocated State land
see the
Land Act 1994 , schedule 6 .
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