Albert Shire Council Budget Adjustment Act 1976 (Qld)

916 QlY. snfhitxtr ANNO VICESIMO QUINTO ELIZABETHAE SECUNDAE REGINAE No. 78 of 1976 An Act to enable the Council of the Shire of Albert to recast its budget for the year ending 30 June 1977 in relation to the separate rating for Woongoolba flood mitigation scheme works and for purposes connected therewith ; and to amend the Local Government Act 1936-1976 in certain particulars [ASSENTED TO 16TH DECEMBER, 1976] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title . This Act may be cited as the Albert Shire Council Budget Adjustment Act 1976. 2. Parts of Act. This Act is divided into Parts as follows:- PART I-PRELIMINARY; PART II-PROVISIONS RELATING TO BUDGET FOR WOONGOOLBA FLOOD MITIGATION SCHEME FUND; PART 111-AMENDMENTS OF THE LOCAL GOVERNMENT ACT 1936-1976.

Albert Shire Council Budget Adjustment Act 1976, No. 78 917 PART 11-PROVISIONS RELATING TO BUDGET FOR WOONGOOLBA FLOOD MITIGATION SCHEME FUND 3. Interpretation . (1) In this Part, unless the contrary intention appears- " the Act " means the Local Government Act 1936-1976; " the Council " means the Council of the Shire of Albert constituted pursuant to the provisions of the Act. (2) Where in this Part a term is used that is not defined in this Part but is defined in the Act, such term, unless the contrary intention appears, shall have the meaning given to it by the definition in the Act. 4. Cessation of operation of Woongoolba Flood Mitigation Scheme Fund budget and separate rate. (1) The separate budget adopted by the Council for the year commencing 1 July 1976 pursuant to section 25 (3) of the Act in respect of the Woongoolba Flood Mitigation Scheme Fund established by the Council pursuant to section 23 (1) (i) (c) of the Act ceases to have force and effect on the adoption of the budget referred to in section 5. (2) The separate rate made and levied by the Council pursuant to section 21 (4) of the Act, in respect of the year commencing 1 July 1976, equally on the rateable value of land in the benefited area defined by the Council in accordance with the said section 21 (4) with respect to the particular function of local government, namely the Woongoolba Flood Mitigation Scheme and founded on the budget referred to in subsection (1) of this section ceases to have application to such land on the adoption of the budget referred to in section 5. (3) The benefited area defined by the Council in accordance with section 21 (4) of the Act with respect to the function referred to in subsection (2) of this section ceases to be a benefited area so defined on the adoption of the budget referred to in section 5. (4) (a) The separate fund established by the Council pursuant to section 23 (1) (i) (c) of the Act in respect of the separate rate made and levied by the Council as referred to in subsection (2) of this section shall be closed on the establishment of the separate fund provided for in section 6 and, notwithstanding the provisions of section 23 (4) of the Act, any balance therein shall be dealt with as hereinafter in this Part provided. (b) The defraying, prior to the commencement of this Act, by the Council from the separate fund referred to in paragraph (a) of interest and redemption charges incurred by the Council in respect of loan money borrowed by the Council in relation to the particular function referred to in subsection (2) which purports to have been done under the authority of the Act, notwithstanding the absence of any authority for the doing thereof or the manner in which it was done and which would be authorized by the Act as amended by this Act had it been done after such commencement, shall be deemed to have been authorized by the Act. (5) The provisions of this section do not derogate from any of the provisions hereinafter contained in this Part. 5. Framing and adoption of new budget . (1) Upon the commencement of this Act and subject to subsection (2), the Council may frame and adopt, in respect of the fund referred to in section 6, a budget for that part of the year commencing 1 July 1976 being the period between the adoption of such budget and 30 June 1977, in accordance with this Part and, subject to such budget being for the period referred to, in accordance

918 Albert Shire Council Budget Adjustment Act 1976, No. 78 with the Act as amended by this Act save those provisions of section 25 of the Act that stipulate times before which a budget shall be respectively framed and adopted. (2) A budget framed and adopted in accordance with subsection (I) shall be so adopted by the Council within 30 days after the commencement of this Act and any separate rate or rates to be made and levied by the Council as hereinafter in this Part provided shall be founded thereon. 6. Establishment of new separate fund. The Council shall establish a separate fund, called the Woongoolba Flood Mitigation Scheme Separate Rate Fund, in respect of any separate rate or separate rates to be made and levied by the Council as hereinafter in this Part provided, and the provisions of the Act as amended by this Act shall apply to that fund. 7. Making and levying of separate rate . (1) The Council may make and levy, in respect of that part of the year commencing 1 July 1976 being the period between the adoption of the budget referred to in section 5 and 30 June 1977, a separate rate or separate rates pursuant to the provisions of section 21 (4) of the Act as amended by this Act for the particular function referred to in section 4 (2) of this Act, and, in connexion therewith, may exercise the powers and shall comply with the requirements contained in the said section 21 (4) of the Act as amended by this Act. (2) The provisions of the Act relating to the levying and recovery of rates apply to rates levied by the Council pursuant to this section. 8. Distribution of balance in separate fund . The balance in the separate fund closed pursuant to section 4 (4) shall be transferred by the Council to the separate fund established pursuant to section 6 forthwith on the establishment of the latter fund. 9. Refund of rates paid . Where the separate rate referred to in section 4 (2) has been paid in whole or in part by an owner in pursuance of a notice served by the Council under section 27 of the Act, the Council shall refund to that owner the whole or, as the case may be, the part of the rate so paid within 30 days after the commencement of this Act or 14 days after the date of payment, whichever is the later. 10. Unpaid rates. Where a notice under section 27 of the Acthas been served by the Council on an owner for the payment of the separate rate referred to in section 4 (2) of this Act and all or part of the amount thereof payable by the owner remains unpaid on the commencement of this Act, the owner, notwithstanding any of the provisions of the Act, shall not be liable to pay the amount remaining unpaid, and the provisions of the Act enabling the Council to take action against an owner for the recovery of rates owing shall not apply and it shall not be competent for the Council to take action for the sale of the subject land pursuant to section 27 (11) of the Act on account of the amount remaining unpaid. PART III-AMENDMENTS OF THE LOCAL GOVERNMENT ACT 1936-1976 11. Citation . (1) In this Part, the Local Government Act 1936-1976 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Local Government Act 1936-1976.

Albert Shire Council Budget Adjustment Act 1976, No. 78 919 12. Amendment of s. 21. Section 21 of the Principal Act is amended by, in subsection (4)- (a) omitting the words " separate rates for " occurring in the first paragraph and substituting the words " a separate rate for a particular function or "; (b) omitting the second and third paragraphs and substituting the following paragraphs:- " The function or functions in respect of which the separate rate is made and levied shall be specified in the resolution making and levying such separate rate. The Local Authority shall define the part of the Area specially benefited by the particular function or particular functions in question and, if it thinks it is fit and proper to do so, may divide the part so defined into subdivisions according to the extent to which each is respectively benefited, such division being made on such basis or on such several bases as the Local Authority in its discretion thinks just and reasonable. The Local Authority may include in the one subdivision lands that are not contiguous if it first obtains the approval of the Minister so to do. Where the Local Authority has defined a part of the Area to be specially benefited by a particular function or particular functions of local government and has not divided the part so defined into subdivisions, the separate rate shall be made and levied equally on the rateable value of land in the benefited area. Where the Local Authority has defined a part of the Area to be specially benefited by a particular function or particular functions of local government and has divided the part so defined into subdivisions, separate rates may be made in respect of each subdivision having regard to the extent to which each is respectively benefited, and each such separate rate shall be levied equally on the rateable value of land in the subdivision in question. For the purpose of defining the part of the Area to be specially benefited or of dividing the part to be specially benefited into subdivisions, the Local Authority may so define or divide by reference to the real property office description or the metes and bounds of the subject land or by delineation of such land on a map. Notwithstanding the provisions of subsection (5), a separate rate made and levied pursuant to this subsection may be used for the purpose of defraying interest and redemption charges incurred by the Local Authority in respect of the particular function or particular functions of local government in relation to which the separate rate is made and levied.". 13. Amendment of s. 23. Section 23 of the Principal Act is amended by adding the following proviso to subsection (I) (i) (c):- Provided that where pursuant to section 21 (4) the Local Authority has divided into subdivisions a part of the Area defined to be specially benefited by a particular function or particular functions of local government, it shall not be necessary to establish a separate fund in respect of each separate rate made and levied on land in the respective subdivisions;".