Albert Shire Council (Ratification of Administration) Act 1977 (Qld)

169 ( tt PZt I^ttt^ - L A ANNO VICESIMO SEXTO T- A.E SECU ND AE R E GIN AE No. 19 of 1977 An. Act to validate , approve, ra tify an d mak e la wf ul ce rtain acts , m atters and things done by the Council of the Shire of Albert in the purported exercise of powers conferred on that Council by the Albert Shire Council Budget Adjus tment Act 1976 and for other purposes [ASSENTED TO 21ST APRIL, 1977] 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: - 1. Short title and citation . This Act may be cited as the Albert Shire Council (Ratification of Administration) Act 1977. 2. Interpretation . (1) In this Act, unless the contrary intention appears- " Local Government Act " means the Local Government Act 1936-1976; " the Act" means the Albert Shire Council Budget AdjustmentAct1976; "the Council " means the Council of the Shire of Albert constituted under the Local Government Act.

170 Albert Shire Council (Ratification of Administration) Act 1977, No. 19 (2) Where in this Act a term is used that is not defined therein but is defined in the Local Government Act, that term shall, unless the contrary intention appears , have the meaning assigned to it by the Local Government Act. 3. Validation of budget. The budget purporting to have been adopted by the Council in accordance with section 5 of the Act by resolution passed on 27 January 1977 in respect of the fund specified in section 6 of the Act, for the period 27 January 1977 to 30 June 1977 both days inclusive, shall be deemed to have been duly framed and adopted by the Council under and for the purposes of the Act and the budget is validated, approved and ratified, notwithstanding- (a) that the Council failed to cause the budget to be framed and adopted within the time specified in section 5 of the Act; (b) that the approval of the Minister for the inclusion in the subdivision of the benefited area defined by the Council with respect to a particular function of local government called the Woongoolba Flood Mitigation Scheme of lands that are not contiguous was not obtained prior to 27 January 1977; or (c) that the Council failed to comply with any other provision of the Act with respect to the budget. 4. Declaration as to rates . (1) The separate rates made and levied or purporting to have been made and levied by the Council for the period 27 January 1977 to 30 June 1977 both days inclusive are declared to be and to have always been rates the making and levying of which by the Council under the Local Government Act is and always was valid and lawful. (2)- Every owner of rateable land is and is declared to have always been legally liable to pay the separate rate made and levied in respect of that land for the period specified in subsection (1). (3) Separate rates referred to in subsection (1) are recoverable and it is declared always were recoverable by the Council in the manner prescribed by law. 5. Validation of refund of separate rate. A refund of the separate rate made by the Council in accordance with section 9 of the Act is validated and made lawful notwithstanding that the refund was made after the expiration of the time prescribed by that section. 6. Cessation of operation of budget, separate rate and benefited area. Notwithstanding section 4 of the Act- (a) the separate .budget adopted by the Council for the year commencing'on 1 July 1976 under section 25 (3) of the Local Government Act in respect of the Woongoolba Flood Mitigation Scheme Fund established by the Council under section 23 (1) (i) (c) of that Act shall be deemed to have ceased to have force and effect on and from 27 January 1977; (b) the separate rate made and levied by the Council under section 21 (4) of the Local Government Act in respect of the year commencing on I July 1976 equally on the rateable value of land in the benefited area defined by the Council in accordance with that section with respect to a particular function of local government called the Woongoolba Flood Mitigation

Albert Shire Council ( Ratification of Administration ) Act 1977, No. 19 171 Scheme and founded on the budget referred to in subparagraph (a) shall be deemed to have ceased to apply to such land on and from 27 January 1977; (c) the benefited area defined by the Council referred to in subparagraph (b) shall be deemed to have ceased to be a benefited area on and from 27 January 1977; and (d) the separate fund established by the Council under section 23 (1) (i) (c) of the Local Government Act in respect of the separate rate made and levied by the Council and referred to in subparagraph (b) shall be deemed to have been closed on and from 27 January 1977, and this section shall have retrospective effect accordingly.