City of Brisbane Act 2010 (Qld)

City of Brisbane Act 2010

An Act to provide a system of local government in the City of Brisbane

Chapter 1    Preliminary

1   Short title

This Act may be cited as the City of Brisbane Act 2010.

2   Commencement

(1)This Act, other than the following, commences on 1 July 2010—

(a)section 344;

(b)schedule 1, amendments of this Act.

(2)Schedule 1, amendments of this Act, commences on 2 July 2010.

3   Purpose of this Act

(1)The purpose of this Act is to provide for—

(a)the way in which the Brisbane City Council is constituted and the unique nature and extent of its responsibilities and powers; and

(b)a system of local government in Brisbane that is accountable, effective, efficient and sustainable.

(2)Compared to other local governments in Queensland, the council is unique in its nature and the extent of its responsibilities and powers for the following reasons—

(a)Brisbane is the capital city of Queensland;

(b)the council is the largest provider of local government services in Queensland;

(c)there are 26 councillors (other than the mayor) who each represent the interests of the residents of a ward;

(d)the mayor has unique responsibilities as the mayor of a capital city;

(e)the council has an Establishment and Coordination Committee that coordinates its business;

(f)the chairperson of the council presides at all of its meetings and is responsible for ensuring the council’s procedures for the conduct of its meetings are observed and enforced.

4   Local government principles underpin this Act

(1)To ensure the system of local government in Brisbane is accountable, effective, efficient and sustainable, Parliament requires—

(a)anyone who is performing a responsibility under this Act to do so in accordance with the local government principles; and

(b)any action that is taken under this Act to be taken in a way that—

(i)is consistent with the local government principles; and

(ii)provides results that are consistent with the local government principles, in as far as the results are within the control of the person who is taking the action.

(2)The local government principles are—

(a)transparent and effective processes, and decision-making in the public interest; and

(b)sustainable development and management of assets and infrastructure, and delivery of effective services; and

(c)democratic representation, social inclusion and meaningful community engagement; and

(d)good governance of, and by, local government; and

(e)ethical and legal behaviour of councillors, council employees and councillor advisors.

5   Relationship with Local Government Act

(1)Although the Brisbane City Council is a local government, this Act, rather than the Local Government Act, provides for—

(a)the way in which the Brisbane City Council is constituted and the nature and extent of its responsibilities and powers; and

(b)a system of local government in Brisbane.

(2)Generally, the Local Government Act does not apply to the Brisbane City Council or its councillors, employees, agents or contractors.

(3)However, particular provisions of the Local Government Act apply, or may apply, to the Brisbane City Council as a local government.

Examples—

1The Local Government Act, chapter 7, part 2 applies to the council as a local government for the purpose of superannuation for certain persons who are connected to the council.

2The Local Government Act, chapter 2A would apply to the council if the council were a component local government for a joint local government.

3The Local Government Act, chapter 5, part 1 applies to the council as a local government for the purpose of providing for powers of the State to monitor and evaluate the council and its councillors and to take remedial action, including suspending or dismissing a councillor or dissolving the council.

4The Local Government Act, chapter 5A applies to the council as a local government for the purpose of dealing with the conduct of councillors, including at a meeting of the council or its committees.

5The Local Government Act, chapter 6, part 7 applies to the council as a local government if an interim administrator is appointed to act in place of its councillors under the Local Government Act, chapter 5, part 1.

6   Definitions

The dictionary in schedule 2 defines particular words used in this Act.

Chapter 2    Brisbane City Council

Part 1    City of Brisbane

7   City of Brisbane

(1)The area of Brisbane continues to be a city under the name ‘City of Brisbane’.

(2)The boundaries of Brisbane are the boundaries of the city immediately before 1 July 2010 and as subsequently varied under this Act.

(3)Brisbane is the capital city of Queensland.

(4)A regulation may describe the boundaries of Brisbane.

Part 2    Council constitution, responsibilities and powers

8   What this part is about

This part explains—

(a)what the Brisbane City Council is; and

(b)who constitutes the council; and

(c)the responsibilities and powers of the council, its councillors and its employees.

9   The Brisbane City Council’s responsibility for Brisbane

The Brisbane City Council (the council) is the elected body that is responsible for the good rule and local government of Brisbane.

10   Brisbane City Council is a body corporate

The council—

(a)is a body corporate with perpetual succession; and

(b)has a common seal; and

(c)may sue and be sued, and otherwise exercise its powers, under the name ‘Brisbane City Council’.

11   Powers of council generally

(1)The council has the power to do anything that is necessary or convenient for the good rule and local government of Brisbane.

Note—

Also, see section 242 for more information about powers.

(2)However, the council can only do something that the State can validly do.

(3)When exercising a power, the council may take account of Aboriginal tradition and Island custom.

(4)The council may exercise its powers—

(a)inside Brisbane; or

(b)outside Brisbane (including outside Queensland)—

(i)with the written approval of the Minister; or

(ii)as provided under section 12(5).

(5)When the council is exercising a power in a place that is outside Brisbane, the council has the same jurisdiction in the place as if the place were inside Brisbane.

(6)Subsections (7) and (8) apply if the council is a component local government for a joint local government.

(7)Despite subsection (1), the council may not, within the joint local government’s area, exercise a power for which the joint local government has jurisdiction.

(8)However, the council may exercise the power as a delegate of the joint local government.

12   Power includes power to conduct joint government activities

(1)The council may exercise its powers by cooperating with 1 or more other local, State or Commonwealth government to conduct a joint government activity.

(2)A joint government activity includes providing a service, or operating a facility, that involves the other governments.

(3)The cooperation with another government may take any form, including for example—

(a)entering into an agreement; or

(b)creating a joint local government entity, or joint government entity, to oversee the joint government activity; or

(c)being a component local government for a joint local government.

Note—

For the establishment of joint local governments, see the Local Government Act, chapter 2A.

(4)A joint government activity may be set up for more than 1 purpose.

Example—

Three local governments may create a joint local government entity to manage an aerodrome that services each of their local government areas, and may also enter into an agreement to sell water in bulk to one of the local governments.

(5)The council may exercise a power in another government’s area for the purposes of a joint government activity, in the way agreed by the governments.

(6)However, if the power is to be exercised under a local law, the local law must expressly state that it applies to the other government’s area.

Note—

See section 30 for more information about making local laws.

13   Who the council is constituted by

(1)Usually, the council is constituted by the mayor and 26 other councillors who are elected or appointed to the council under this Act or the Local Government Electoral Act 2011.

(2)However—

(a)if all of the councillors have been suspended or the council has been dissolved under the Local Government Act, section 123 and an interim administrator is appointed—the council is constituted by the interim administrator; or

(b)if there are no councillors for any other reason and an interim administrator has not been appointed—the council is constituted by its chief executive officer.

14   Responsibilities of councillors

(1)A councillor must represent the current and future interests of the residents of Brisbane.

(2)All councillors have the same responsibilities, but the mayor has some extra responsibilities.

(3)All councillors have the following responsibilities—

(a)ensuring the council—

(i)discharges its responsibilities under this Act; and

(ii)achieves its corporate plan; and

(iii)complies with all laws that apply to the council;

(b)providing high quality leadership to the council and the community;

(c)participating, for the benefit of Brisbane, in—

(i)meetings of the council; and

(ii)policy development and decision-making about matters being considered at a meeting of the council;

(d)being accountable to the community for the council’s performance.

(4)The mayor has the following extra responsibilities—

(a)implementing the policies adopted by the council;

(b)developing and implementing policies, other than policies that conflict with policies adopted by the council;

(c)leading and controlling the business of the council;

(d)preparing a budget to present to the council;

(e)leading, managing, and providing strategic direction to the chief executive officer in order to achieve high quality administration of the council;

(f)ensuring that the council promptly provides the Minister with the information about Brisbane, or the council, that is requested by the Minister;

(g)arranging representation of the council at ceremonial or civic functions;

(h)directing the chief executive officer and senior executive employees of the council under section 170.

(5)When performing a responsibility, a councillor must serve the overall public interest of the whole of Brisbane.

15   Responsibilities of council employees

(1)All employees of the council have the following responsibilities—

(a)implementing the policies and priorities of the council in a way that promotes—

(i)the effective, efficient and economical management of public resources; and

(ii)excellence in service delivery; and

(iii)continual improvement;

(b)carrying out their duties in a way that ensures the council—

(i)discharges its responsibilities under this Act; and

(ii)complies with all laws that apply to the council; and

(iii)achieves its corporate plan;

(c)providing sound and impartial advice to the council;

(d)carrying out their duties impartially and with integrity;

(e)ensuring their personal conduct does not reflect adversely on the reputation of the council;

(f)improving all aspects of their work performance;

(g)observing all laws relating to their employment;

(h)observing the ethics principles under the Public Sector Ethics Act 1994, section 4;

(i)complying with a code of conduct under the Public Sector Ethics Act 1994.

(2)The chief executive officer has the following extra responsibilities—

(a)managing the council in a way that promotes—

(i)the effective, efficient and economical management of public resources; and

(ii)excellence in service delivery; and

(iii)continual improvement;

(b)managing the other council employees through management practices that—

(i)promote equal employment opportunities; and

(ii)are responsive to the council’s policies and priorities;

(c)establishing and implementing goals and practices in accordance with the policies and priorities of the council;

(d)establishing and implementing practices about access and equity to ensure members of the community have access to—

(i)council programs; and

(ii)appropriate avenues for reviewing council decisions;

(e)the safe custody of—

(i)all records about the proceedings, accounts or transactions of the council or its committees; and

(ii)all documents owned or held by the council;

(f)complying with particular requests under section 171 from councillors.

Part 3    Wards of Brisbane

16   What this part is about

This part is about the number of electors that are to be in each ward of Brisbane to ensure democratic representation.

17   Wards of Brisbane

(1)Brisbane is divided into 26 areas called wards.

(2)A regulation may describe the boundaries of any ward of Brisbane.

(3)Each ward of Brisbane must have a reasonable proportion of electors.

(4)A reasonable proportion of electors is the number of electors that is worked out by dividing the total number of electors in Brisbane (as nearly as can be found out) by the number of councillors (other than the mayor), plus or minus 10%.

Example—

If the total number of electors in Brisbane is 1,500,000, and the number of councillors (other than the mayor) is 5, the reasonable proportion of electors is 300,000 (i.e. 1,500,000 divided by 5) plus or minus 10%, i.e. between 270,000 and 330,000 electors.

(5)When changing the wards of Brisbane, the reasonable proportion of electors must be worked out as near as practicable to the time when the change is to happen.

18   Review of wards of Brisbane

The council must, no later than 1 October in the year that is 2 years before the year of the quadrennial elections—

(a)review whether each of the wards of Brisbane has a reasonable proportion of electors; and

(b)give the electoral commissioner and the Minister written notice of the results of the review.

Part 4    Changing Brisbane area or representation

Division 1 Introduction

19   What this part is about

(1)This part is about making a boundary change.

(2)A boundary change is a change of the boundaries of Brisbane or any ward of Brisbane.

(3)In summary, the process for making a boundary change is as follows—

•assessment—the change commission assesses whether a proposed boundary change is in the public interest

•implementation—the Governor in Council implements the boundary change under a regulation.

(4)The change commission, which conducts the assessment phase of the process, is an independent body created under the Local Government Act.

Division 2 The process for change

20   Who may start the change process

For a boundary change—

(a)the council; or

(b)the Minister; or

(c)the electoral commission;

may apply to the change commission to assess whether the change should be made.

21   Assessment

(1)The change commission is responsible for assessing whether a proposed boundary change is in the public interest.

(2)In doing so, the change commission must consider—

(a)whether the proposed boundary change is consistent with a local government related law; and

(b)the views of the Minister about the proposed boundary change; and

(c)any other matters prescribed under a regulation.

(3)The change commission may conduct its assessment in any way that it considers appropriate, including, for example, by—

(a)asking for submissions from any local government that would be affected by the proposed boundary change; or

(b)holding a public hearing (in the way set out in chapter 7, part 1) to ask the public for its views about the proposed boundary change.

(4)However, the Minister may direct the change commission in writing to conduct its assessment of the proposed boundary change in a particular way.

(5)Despite subsection (3), the change commission must comply with the Minister’s direction.

(6)The change commission must let the public know the results of its assessment and the reasons for the results, by publishing notice of the results—

(a)in the gazette; and

(b)on the electoral commission’s website.

(7)The change commission must also give the results of its assessment to the Minister.

(8)The change commission may recommend that the Governor in Council implement the change commission’s assessment.

22   Implementation

(1)The Governor in Council may implement the change commission’s recommendation under a regulation.

(2)The regulation may provide for anything that is necessary or convenient to facilitate the implementation of the boundary change.

(3)For example, the regulation may provide for—

(a)holding or postponing a council election; or

(b)the transfer of assets and liabilities between the council and another local government.

(4)The council is not liable to pay a State tax in relation to a transfer or other arrangement made to implement a boundary change.

(5)A State tax is a tax, charge, fee or levy imposed under an Act, other than a duty under the Duties Act 2001.

23   Decisions under this division are not subject to appeal

A decision of the change commission under this division is not subject to appeal.

Note—

See section 226 for more information.

Chapter 3    The business of the council

Part 1    Statutory committees and council meetings

Division 1 Statutory committees of the council

24   Establishment and Coordination Committee

(1)The standing committee of the council called the Establishment and Coordination Committee is continued as a statutory committee of the council.

(2)The committee coordinates the business of the council.

(3)The committee consists of the mayor and all committee chairpersons of the standing committees of the council.

(4)Only a councillor may be a member of the committee.

(5)The mayor is the chairperson of the committee.

(6)The committee is collectively responsible to the council.

Division 2 Meetings of the council or its committees

25   Chairperson of the council

(1)The council must, by resolution, appoint a chairperson of the council from its councillors (other than the mayor or deputy mayor) at the first meeting after the office of the chairperson becomes vacant.

(2)The chairperson of the council presides at all meetings of the council and is responsible for ensuring the council’s procedures for the conduct of its meetings are observed and enforced.

Note—

The chairperson of the council also has powers under the Local Government Act, section 150I in relation to particular conduct of councillors at meetings of the council.

(3)However, the chairperson of the council does not preside at meetings of committees of the council.

Note—

A committee chairperson presides at meetings of a committee of the council.

26   Mayor as member of standing committees of the council

(1)The mayor is a member of all standing committees of the council.

(2)The mayor may, at the mayor’s discretion, attend, participate in or vote at any meeting of a standing committee of the council.

Part 2    Local laws

Division 1 Introduction

27   What this part is about

(1)This part is about local laws.

(2)A local law is a law made by the council.

(3)Unless there is a contrary intention, a reference in this Act to a local law includes a reference to—

(a)an interim local law; and

(b)a subordinate local law; and

(c)a local law that incorporates a model local law.

(4)An interim local law is a local law that has effect for 6 months or less.

(5)A subordinate local law is a local law that—

(a)is made under a power contained in a local law; and

(b)provides for the detailed implementation of the broader principles contained in the local law.

(6)A subordinate local law is called that because it is subordinate to the local law under which it is made, so that if there is any inconsistency between the subordinate local law and the local law, the local law prevails to the extent of the inconsistency.

(7)A model local law is a local law approved by the Minister under the Local Government Act, section 26(7), as being suitable for incorporation by all local governments into their local laws.

28   Interaction with State laws

If there is any inconsistency between a local law and a law made by the State, the law made by the State prevails to the extent of the inconsistency.

Division 2 Making, recording and reviewing local laws

29   Power to make a local law

(1)The council may make and enforce any local law that is necessary or convenient for the good rule and local government of Brisbane.

(2)However, the council must not make a local law—

(a)that sets a penalty of more than 850 penalty units for each conviction of failing to comply with a local law, including each conviction when there is more than 1 conviction for a continuing offence or repeat offence; or

(b)that purports to stop a local law being amended or repealed in the future; or

(c)about a subject that is prohibited under division 3.

30   Local law making process

(1)The council may decide its own process for making a local law to the extent that the process is not inconsistent with this part.

(2)The council makes a local law by passing a resolution to make the local law.

(3)If the council proposes to make a local law about a matter (the new local law) and there is an existing local law about the same matter that would be inconsistent with the new local law, the council must amend or repeal the existing local law so that there is no inconsistency.

Note—

The new local law may include the amendment or repeal of the inconsistent law in the same instrument.

(4)An interim local law must include a provision stating when the law expires.

(5)The council must ensure its local laws are drafted in compliance with the guidelines issued by the Parliamentary Counsel under the Legislative Standards Act 1992, section 9 for local laws and subordinate local laws.

(6)To remove any doubt, it is declared that the council does not have to carry out any public consultation before making either of the following—

(a)an interim local law;

(b)a local law that only incorporates a model local law and does not contain an anti-competitive provision.

31   State interest check

(1)This section applies if the council proposes to make a local law other than the following—

(a)a local law that incorporates a model local law;

(b)a subordinate local law.

(2)However, this section also applies to a local law that incorporates a model local law if the local law includes more than—

(a)the model local law; or

(b)any amendment or repeal of an existing local law that would be inconsistent with the model local law.

(3)The council must consult with relevant government entities about the overall State interest in the proposed local law before making the local law.

32   Publication of local laws

(1)The council must let the public know that a local law has been made by the council, by publishing a notice of making the local law—

(a)in the gazette; and

(b)on the council’s website.

(2)The notice must be published within 1 month after the day when the council made the resolution to make the local law.

(3)The notice in the gazette must state—

(a)that the notice is made by the council; and

(b)the date when the council made the resolution to make the local law; and

(c)the name of the local law; and

(d)the name of any existing local law that was amended or repealed by the new local law.

(4)The notice on the council’s website must state—

(a)that the notice is made by the council; and

(b)the date when the council made the resolution to make the local law; and

(c)the name of the local law; and

(d)the name of any existing local law that was amended or repealed by the new local law; and

(e)if the local law incorporates a model local law—that fact; and

(f)if the local law is an interim local law—that fact, and the date on which the interim local law expires; and

(g)if the local law is a subordinate local law—the name of the local law that authorises the subordinate local law to be made; and

(h)the purpose and general effect of the local law; and

(i)if the local law contains an anti-competitive provision—that fact; and

(j)that a copy of the local law may be—

(i)inspected and purchased at the council’s public office; and

(ii)viewed by the public on the department’s website.

(5)As soon as practicable after the notice is published in the gazette, the council must ensure a copy of the local law may be viewed and purchased by the public at the council’s public office.

(6)A copy of a local law must cost no more than the cost to the council of making the copy available for purchase.

(7)Within 14 days after the notice is published in the gazette, the council must give the Minister—

(a)a copy of the notice; and

(b)a copy of the local law in electronic form.

33   Expiry of interim local law revives previous law

(1)This section applies if—

(a)an interim local law amends or repeals a local law; and

(b)the interim local law expires; and

(c)the interim local law is not made (either with or without change) as a local law.

(2)When the interim local law expires—

(a)the local law is revived in its previous form; and

(b)any subordinate local law or provision of a subordinate local law, that stopped having effect because the local law was amended or repealed, is revived in its previous form.

(3)The previous form of a local law, subordinate local law, or provision of a subordinate local law is the form it was in immediately before the interim local law commenced.

(4)This section does not affect anything that was done or suffered under the interim local law before it expired.

(5)This section applies despite the Acts Interpretation Act 1954, section 19.

34   Local law register

(1)The council must keep a register of its local laws, in the way that is required under a regulation.

(2)The council must ensure the public may view the register at its public office or on its website.

(3)The department’s chief executive must keep a database of the council’s local laws and ensure a copy of the database may be viewed by the public on the department’s website.

35   Consolidated versions of local laws

(1)The council must prepare and adopt a consolidated version of a local law.

(2)A consolidated version of a local law is a document that accurately combines the council’s local law, as it was originally made, with all the amendments made to the local law since the local law was originally made.

(3)When the council adopts the consolidated version of the local law, the consolidated version is taken to be the local law, in the absence of evidence to the contrary.

(4)Within 7 days after the council adopts the consolidated version of the local law, the council must give the Minister a copy of the consolidated version of the local law in electronic form.

36   [Repealed]

Division 3 Local laws that can not be made

37   What this division is about

This division specifies the subjects that the council must not make a local law about.

38   Network connections

(1)The council must not make a local law that regulates network connections.

(2)A network connection is an installation that has the sole purpose of connecting a home or other structure to an existing telecommunications network.

(3)A local law, to the extent that it is contrary to this section, has no effect.

39   Election advertising

(1)The council must not make a local law that—

(a)prohibits or regulates the distribution of how-to-vote cards; or

(b)prohibits the placement of election signs or posters.

(2)A how-to-vote card includes a how-to-vote card under the Electoral Act.

(3)An election sign or poster is a sign or poster that is able, or is intended, to—

(a)influence a person about voting at any government election; or

(b)affect the result of any government election.

(4)A government election is an election for a local, State or Commonwealth government.

(5)A local law, to the extent that it is contrary to this section, has no effect.

40   Development processes

(1)The council must not make a local law that establishes an alternative development process.

(2)An alternative development process is a process that is similar to or duplicates all or part of the development assessment process under the Planning Act.

(3)However, if a local law already contains a provision that establishes an alternative development process, the council may amend or repeal the provision at any time.

(4)A local law has no effect to the extent that it is contrary to this section.

(5)This section does not apply to a local law about any of the following matters unless the matter is covered by the council’s planning scheme, the Planning Act or another instrument made under that Act—

(a)advertising devices;

(b)gates and grids;

(c)roadside dining.

40A   Regulation of sex work

(1)The council must not make a local law that prohibits or regulates sex work or the conduct of a sex work business.

(2)A local law has no effect to the extent that it is contrary to this section.

(3)In this section—

sex work means the provision by a person of the following services for payment or reward—

(a)services involving the person participating in a sexual activity with another person;

(b)services involving the use or display of the person’s body for the sexual arousal or gratification of another person.

sex work business means a business that provides services that include sex work and includes, for example—

(a)an escort agency providing services that include sex work; or

(b)a home-based sex work business.

41   Anti-competitive provisions

(1)The council must not make a local law that contains an anti-competitive provision unless the council has complied with the procedures prescribed under a regulation for the review of anti-competitive provisions.

(2)A local law, to the extent that it is contrary to this section, has no effect.

(3)This section does not apply to an interim local law.

41A   Swimming pool safety

(1)The council must not make a local law that regulates—

(a)the construction or maintenance of barriers for a regulated pool; or

(b)a matter for ensuring the safety of persons using a regulated pool and prescribed under the Building Act, section 231D(1), definition pool safety standard, paragraph (b).

(2)If a local law that is in force before the commencement of this section contains a provision that regulates a matter mentioned in subsection (1), the council—

(a)must not amend the provision after the commencement; and

(b)must repeal the provision by 1 January 2017.

(3)A local law, to the extent that it is contrary to this section, has no effect.

(4)In this section—

barriers, for a regulated pool, includes any of the following—

(a)the fencing for the pool;

(b)the walls of a building enclosing the pool;

(c)another form of barrier mentioned or provided for in the pool safety standard under the Building Act.

Division 4 Action by the Minister about particular local laws

42   Suspending or revoking particular local laws

(1)This section applies if the Minister reasonably believes a local law—

(a)is contrary to any other law; or

(b)is inconsistent with the local government principles; or

(c)does not satisfactorily deal with the overall State interest.

(2)The Minister, by gazette notice, may—

(a)suspend the local law, for a specified period or indefinitely; or

(b)revoke the local law.

(3)The gazette notice must state—

(a)how the local law is contrary to another law, is inconsistent with the local government principles or does not satisfactorily deal with the overall State interest; and

(b)if the local law has been suspended—how the local law may be amended so that it—

(i)is no longer contrary to the other law; or

(ii)is no longer inconsistent with the local government principles; or

(iii)satisfactorily deals with the overall State interest.

(4)If the Minister suspends a local law, the local law stops having effect for the period specified in the gazette notice.

(5)If the Minister revokes the local law—

(a)the local law stops having effect on the day specified in the gazette notice; or

(b)if no day is specified in the gazette notice—the local law is taken to never have had effect.

(6)The State is not liable for any loss or expense incurred by a person because a local law is suspended or revoked under this section.

(7)A decision of the Minister under this section is not subject to appeal.

Note—

See section 226 for more information.

Division 5 Miscellaneous

42A   Local law about seizing and disposing of personal property

(1)This section applies if—

(a)the council has made a local law about seizing and disposing of personal property; and

(b)personal property is seized under the local law.

(2)If the personal property is sold or disposed of, the proceeds of sale or disposal must be applied in the following order—

(a)in payment of the reasonable expenses incurred in selling or disposing of the property;

(b)in payment of the prescribed fee for seizing and holding the property;

(c)if there is an amount owing to an entity under a security interest registered for the property under the Personal Property Securities Act 2009 (Cwlth)—in payment of the amount owing under the security interest;

(d)the balance to the owner of the property.

(3)A secured party can not enforce any security interest in the proceeds of sale or disposal against an entity to whom an amount is payable under subsection (2)(a) or (b).

(4)In this section—

personal property has the meaning given by the Personal Property Securities Act 2009 (Cwlth), section 10.

secured party has the meaning given by the Personal Property Securities Act 2009 (Cwlth), section 10.

42B   Owners’ liability for party houses

(1)The council may make a local law that makes the owner of a residential property liable to a penalty because of excessive noise regularly emitted from the property.

(2)The owner of a residential property includes a tenant if the tenant has a right of exclusive occupation of the property under a lease.

(3)A residential property is a property of a type that would ordinarily be used, or is intended to be used, as a place of residence or mainly as a place of residence.

(4)To remove any doubt, it is declared that—

(a)the local law may fix the number of times that excessive noise must be emitted from a property before the owner becomes liable to the penalty; and

(b)a property is not precluded from being a residential property merely because the property is rented on a short-term basis.

(5)In a proceeding about a contravention of the local law—

(a)a noise abatement direction given to a person at a property is evidence of excessive noise being emitted from the property; and

(b)a copy of information recorded in the register of enforcement acts under the Police Powers and Responsibilities Act 2000 about the giving of a noise abatement direction is evidence of the matters stated in it.

(6)A noise abatement direction is a direction given to a person by a police officer under the Police Powers and Responsibilities Act 2000, section 581(3).

(7)Despite subsection (5), a defendant may, with the leave of the court, require the prosecution to call any person involved in the giving of the noise abatement direction to give evidence at the hearing.

(8)The court may give leave only if the court is satisfied that—

(a)an irregularity may exist in relation to the information or the giving of the noise abatement direction; or

(b)it is in the interests of justice that the person be called to give evidence.

(9)The chief executive officer may ask the police commissioner to give the chief executive officer information about noise abatement directions given to persons in Brisbane.

(10)The police commissioner must comply with the request.

Part 3    Beneficial enterprises and business activities

Division 1 Beneficial enterprises

43   What this division is about

(1)This division is about beneficial enterprises that are conducted by the council.

(2)This division does not apply to a business unit of the council.

(3)A beneficial enterprise is an enterprise that the council considers is directed to benefiting, and can reasonably be expected to benefit, the whole or part of Brisbane.

(4)The council is conducting a beneficial enterprise if the council is engaging in, or helping, the beneficial enterprise.

44   Conducting beneficial enterprises

(1)The council may conduct a beneficial enterprise.

(2)To conduct the beneficial enterprise, the council—

(a)may participate with an association; but

(b)must not, either directly or by participating with an association, participate with an unlimited corporation.

Note—

Under the Statutory Bodies Financial Arrangements Act 1982, the council may need the Treasurer’s approval before entering into particular financial arrangements.

(3)An association is—

(a)a partnership; or

(b)a corporation limited by shares but not listed on a stock exchange; or

(c)a corporation limited by guarantee but not listed on a stock exchange; or

(d)another association of persons that is not a corporation.

(4)An unlimited corporation means a corporation whose members have no limit placed on their liability.

(5)The council participates with an association or unlimited corporation if the council—

(a)forms, or takes part in forming, an association or unlimited corporation; or

(b)becomes a member of an association or unlimited corporation; or

(c)takes part in the management of an association or unlimited corporation; or

(d)acquires or disposes of shares, debentures or securities of an association or unlimited corporation.

45   Identifying beneficial enterprises

The council’s annual report for each financial year must contain a list of all the beneficial enterprises that the council conducted during the financial year.

46   [Repealed]

Division 2 Business reform, including competitive neutrality

47   What this division is about

(1)This division is about the application of the National Competition Policy Agreements in relation to the significant business activities of the council.

(2)This includes the application of the competitive neutrality principle if, in the circumstances, the public benefit (in terms of service quality and cost) outweighs the costs of implementation.

(3)Under the competitive neutrality principle, an entity that is conducting a business activity in competition with the private sector should not enjoy a net advantage over competitors only because the entity is in the public sector.

(4)A significant business activity is a business activity of the council that—

(a)is conducted in competition, or potential competition, with the private sector (including off-street parking, quarries, sporting facilities, for example); and

(b)meets the threshold prescribed under a regulation.

(5)However, a significant business activity does not include a business activity that is—

(a)a building certifying activity; or

(b)a roads activity; or

(c)related to the provision of library services.

Note—

A building certifying activity or roads activity is dealt with under section 51.

48   Ways to apply the competitive neutrality principle

(1)The competitive neutrality principle may be applied by—

(a)commercialisation of a significant business activity; or

(b)full cost pricing of a significant business activity.

(2)Commercialisation involves creating a new business unit, that is part of the council, to conduct the significant business activity on a commercial basis.

(3)Full cost pricing involves pricing the significant business activity on a commercial basis, but without creating a new business unit.

(4)A regulation may provide for—

(a)matters relating to commercialisation or full cost pricing; or

(b)any other matter relating to the application of the competitive neutrality principle to the significant business activities of the council.

49   Identifying significant business activities

The council’s annual report for each financial year must—

(a)contain a list of all the business activities that the council conducted during the financial year; and

(b)identify the business activities that are significant business activities; and

(c)state whether or not the competitive neutrality principle was applied to the significant business activities, and if the principle was not applied, the reason why it was not applied; and

(d)state whether any of the significant business activities were not conducted in the preceding financial year, i.e. whether there are any new significant business activities.

50   Assessing public benefit

(1)This section applies to a new significant business activity that is identified in the annual report of the council.

(2)The council must conduct a public benefit assessment of the new significant business activity.

(3)A public benefit assessment is an assessment of whether the benefit to the public (in terms of service quality and cost) of applying the competitive neutrality principle in relation to a significant business activity outweighs the costs of applying the competitive neutrality principle.

(4)The council must conduct the public benefit assessment before the end of the financial year in which the significant business activity is first identified in the annual report.

(5)The council must prepare a report on the public benefit assessment that contains its recommendations about the application of the competitive neutrality principle in relation to the significant business activity.

(6)At a meeting of the council, the council must—

(a)consider the report; and

(b)decide, by resolution, whether or not to apply the competitive neutrality principle in relation to the significant business activity.

(7)Any resolution that the competitive neutrality principle should not be applied must include a statement of the reasons why it should not be applied.

(8)The council must give the Minister a copy of—

(a)the report; and

(b)all resolutions made in relation to the report.

(9)If the council decides not to apply the competitive neutrality principle in relation to the significant business activity, the council must, within 3 years after making the decision, repeat the process in this section.

(10)Subsection (9) also applies to a decision that was made before the commencement of this section.

51   Code of competitive conduct

(1)This section is about the code of competitive conduct.

(2)The code of competitive conduct is the code of competitive conduct prescribed under a regulation under the Local Government Act.

(3)The council must apply the code of competitive conduct to the conduct of the following business activities of the council—

(a)a building certifying activity;

(b)a roads activity, other than a roads activity for which business is conducted only through a sole supplier arrangement.

(4)A building certifying activity is a business activity that—

(a)involves performing building certifying functions (within the meaning of the Building Act, section 10); and

(b)is prescribed under a regulation.

(5)A roads activity is a business activity (other than a business activity prescribed under a regulation) that involves—

(a)constructing or maintaining a State-controlled road, that the State put out to competitive tender; or

(b)submitting a competitive tender in relation to—

(i)constructing or maintaining a road in Brisbane, that the council put out to competitive tender; or

(ii)constructing or maintaining a road in another local government area, that the other local government put out to competitive tender.

(6)The council must start to apply the code of competitive conduct—

(a)for a building certifying activity—from the start of the financial year after the financial year in which the building certifying activity is first conducted; or

(b)for a roads activity—from when the roads activity is first conducted.

(7)The council must decide each financial year, by resolution, whether or not to apply the code of competitive conduct to a business activity prescribed under a regulation.

(8)If the council decides not to apply the code of competitive conduct to the business activity, the resolution must state reasons for not doing so.

(9)Subsection (7) does not prevent the council from applying the code of competitive conduct to any other business activities.

52   Competitive neutrality complaints

(1)The council must adopt a process for resolving competitive neutrality complaints.

(2)A competitive neutrality complaint is a complaint that—

(a)relates to the failure of the council to conduct a business activity in accordance with the competitive neutrality principle; and

(b)is made by an affected person.

(3)An affected person is—

(a)a person who—

(i)competes with the council in relation to the business activity; and

(ii)claims to be adversely affected by a competitive advantage that the person alleges is enjoyed by the council; or

(b)a person who—

(i)wants to compete with the council in relation to the business activity; and

(ii)claims to be hindered from doing so by a competitive advantage that the person alleges is enjoyed by the council.

(4)A regulation may provide for the process for resolving competitive neutrality complaints.

(5)The council does not have to resolve a competitive neutrality complaint relating to a business activity prescribed under a regulation.

Division 3 [Repealed]

53   [Repealed]

54   [Repealed]

55   [Repealed]

56   [Repealed]

57   [Repealed]

58   [Repealed]

59   [Repealed]

60   [Repealed]

61   [Repealed]

62   [Repealed]

Division 4 [Repealed]

63   [Repealed]

64   [Repealed]

Part 4    Roads and other infrastructure

Division 1 Roads

65   What this division is about

(1)This division is about roads.

(2)A road is—

(a)an area of land that is dedicated to public use as a road; or

(b)an area of land that—

(i)is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles; and

(ii)is open to, or used by, the public; or

(c)a footpath or bicycle path; or

(d)a bridge, culvert, ford, tunnel or viaduct.

(3)However, a road does not include—

(a)a State-controlled road; or

(b)a road, or that part of a road, within an airport site under the Airports Act 1996 (Cwlth); or

(c)a public thoroughfare easement.

66   Control of roads

(1)The council has control of all roads in Brisbane.

(2)This control includes being able to—

(a)survey and resurvey roads; and

(b)construct, maintain and improve roads; and

(c)approve the naming and numbering of private roads; and

(d)name and number other roads; and

(e)make a local law to regulate the use of roads, including—

(i)the movement of traffic on roads, subject to the Transport Operations (Road Use Management) Act 1995; and

(ii)the parking of vehicles on roads, subject to the Transport Operations (Road Use Management) Act 1995 (including the maximum time that a vehicle may be parked in a designated rest area that adjoins a road, for example); and

(iii)by imposing obligations on the owner of land that adjoins a road (including an obligation to fence the land to prevent animals going on the road, for example); and

(f)make a local law to regulate the construction, maintenance and use of—

(i)public utilities along, in, over or under roads; and

(ii)ancillary works and encroachments along, in, over or under roads; and

(g)realign a road in order to widen the road; and

(h)acquire land for use as a road.

(3)Nothing in subsection (1) makes the council liable for the construction, maintenance or improvement of a private road.

(4)A private road is a road over land that is owned by a person who may lawfully exclude other persons from using the road.

67   Notice of intention to acquire land to widen a road

(1)If the council wants to acquire land in order to widen a road, the council must give the owner of the land a notice of intention to acquire land.

(2)A notice of intention to acquire land informs the owner in general terms of this section and section 68.

(3)However, the council can not, without the consent of the Planning and Environment Court, serve a notice of intention to acquire land on an owner of land after the owner has applied to the council—

(a)for approval to subdivide the land; or

(b)for approval, consent or permission—

(i)to erect or use a structure on the land; or

(ii)to use the land for any other purpose.

(4)The court may consent to the notice of intention to acquire land being served only if the court is satisfied that the purpose of the notice is to enable the council to make, in good faith, a reasonable widening of the road.

(5)After the council gives an owner a notice of intention to acquire land, the owner must not erect, place, re-erect, replace or repair any structure, or part of a structure, on the land without the council’s permission.

(6)The council must lodge a copy of a notice of intention to acquire land with the registrar of titles for registration on the instrument of title to the land.

(7)The registrar of titles may register the notice of intention to acquire land even if the instrument of title is not produced.

68   Compensation for a notice of intention to acquire land

(1)This section applies to a person who is served with a notice of intention to acquire land, if the person would be entitled to claim compensation for the acquisition of land.

(2)The person is entitled to compensation from the council for injurious affection to the person’s interest in the land because of the notice of intention to acquire land.

(3)However, the compensation is not payable until—

(a)the land is sold for the first time after the notice of intention to acquire land was served; or

(b)after being served with the notice of intention to acquire land, the owner of the land offers the land for sale in good faith, but can not sell the land for a fair and reasonable price.

(4)The compensation must be assessed in accordance with the following principles—

(a)the amount of compensation must represent the difference between—

(i)the market value of the interest in the land immediately after service of the notice of intention to acquire land; and

(ii)what would be the market value of the interest in the land, at that time, if the notice had not been served;

(b)any benefit that may accrue, because of the realignment of the road, to land adjacent to the land that is affected by the realignment of the road, and in which the claimant has an interest, must be taken into account;

(c)the amount of compensation must not be increased because the land that is affected by the realignment of the road has, since the service of the notice of intention to acquire land, become or ceased to be separate from other land.

(5)A claim for compensation must be made—

(a)within 3 years after the entitlement to compensation arose; and

(b)to the chief executive officer in the approved form.

(6)The claim is taken to have been properly made when the claimant has given the council all the information that the council reasonably requires to decide the claim.

(7)If, within 30 days after the claim is made, the council has not given the claimant written notice of its decision on the claim, the council is taken to have refused compensation on the 31st day after the claim is made.

69   Appeal on a claim for compensation

(1)A person who is aggrieved by the decision of the council on a claim for compensation may appeal against the decision to the Land Court.

(2)The appeal must be started within 30 days after—

(a)notice of the decision is given to the claimant; or

(b)the decision is taken to have been made.

(3)However, the Land Court may extend the period mentioned in subsection (2) if satisfied in all the circumstances that it is reasonable to do so.

(4)In order to award compensation, the Land Court must be satisfied—

(a)if the land has been sold—

(i)the seller took reasonable steps to obtain a reasonable price for the land; and

(ii)the seller sold the land in good faith; and

(iii)the sale price is less than the seller might reasonably have expected to receive had there been no notice of intention to acquire land; or

(b)if the council refused the owner permission to erect, place, re-erect, replace or repair any structure, or part of a structure, on the land—the permission was applied for in good faith.

70   Acquisition of land instead of compensation

(1)After a notice of intention to acquire land is served, but before the land is sold, the council may acquire the land instead of paying compensation for injurious affection.

(2)If, after a notice of intention to acquire land is served, the land is cleared of all structures—

(a)the council may acquire the land; and

(b)if required by the owner of the land, the council must acquire the land.

(3)The acquired land must be dedicated for public use as a road within 3 months after its acquisition.

(4)Compensation for the acquisition of the land, if not agreed between the parties, must be assessed as at the date of the acquisition.

71   What is to happen if a realignment is not carried out

(1)This section applies if the council decides not to proceed with the realignment of a road or part of a road after giving a notice of intention to acquire land.

(2)This section does not apply to a realignment of road that is necessary to comply with the requirements of the council under a planning scheme in its application to particular developments in Brisbane.

(3)The council must serve notice of its decision not to proceed on all owners of land who were served with a notice of intention to acquire land in connection with that road or part of that road.

(4)With regard to any of the notices of intention to acquire land that were lodged with the registrar of titles in connection with that road or part of that road, the council must—

(a)for any notice of intention to acquire land that has not been registered—withdraw the notice of intention to acquire land; and

(b)for any notice of intention to acquire land that has been registered—lodge with the registrar of titles for registration a notice of its decision not to proceed with the realignment of the road, or part of the road.

(5)The notice of the council’s decision must inform the owners in general terms of this section and section 72.

72   Compensation if realignment not carried out

(1)This section applies if—

(a)the council decides not to proceed with the realignment of a road or part of a road after giving a notice of intention to acquire land; and

(b)structural improvements have been made on land that adjoins the road on the basis of the proposed realignment being effected.

(2)The council must pay the owner of the land reasonable compensation for the decrease in value of the land because of the decision.

(3)The amount of compensation is the difference between the value of the land before and after the decision.

(4)If the council and the owner fail to agree on the amount of compensation, the amount is to be decided by the Land Court.

(5)The provisions of the Acquisition of Land Act 1967 about the making, hearing and deciding of claims for compensation for land taken under that Act apply, with any necessary changes and any changes prescribed under a regulation, to claims for compensation under this section.

(6)The council’s decision not to proceed with the realignment of a road, or part of a road, does not give rise to an entitlement to compensation to, or a cause of action by, any owner or occupier of land or other person other than under this section.

73   Acquiring land for use as a footpath

(1)The council may acquire land that adjoins a road for use as a footpath.

(2)The acquisition of land may be subject to a reservation, in favour of the owner of the land, of any of the following rights that the council decides (at or before the acquisition) is appropriate—

(a)a right to the ownership, possession, occupation and use of any existing structure, room or cellar—

(i)at a specified height above the level of the new footpath; or

(ii)at a specified depth below the level of the new footpath;

(b)a right—

(i)to erect a structure (in accordance with law) at a specified height above the new footpath; and

(ii)to the ownership, possession, occupation and use of the structure;

(c)a right of support for a structure mentioned in paragraph (a) or (b).

(3)The right mentioned in subsection (2)(a) is subject to the council’s right to enter, and make structural alterations to, the structure, room or cellar that the council considers necessary.

74   Notice to the council of opening or closing of roads

(1)This section applies if an application is made under the Land Act for the opening or closing of a road in Brisbane by someone other than the council.

(2)The Land Act Minister, or the applicant for the application, must give written notice of the application to the council.

(3)The Land Act Minister is the Minister administering the Land Act.

(4)The notice must specify a date (no earlier than 1 month or later than 2 months after the council is given the notice) on or before which the council may object to the opening or closing of the road.

(5)An objection must fully state the reasons for the objection.

(6)The Land Act Minister must have regard to any objections properly made by the council.

(7)If the Land Act Minister decides the road should be opened or closed, the Land Act Minister must give written notice to the council—

(a)of the decision; and

(b)if the decision is contrary to the council’s objection, the reasons for the decision.

75   Closing roads

(1)The council may close a road (permanently or temporarily) to all traffic, or traffic of a particular class, if there is another road or route reasonably available for use by the traffic.

(2)Also, the council may close a road to all traffic, or traffic of a particular class—

(a)during a temporary obstruction to traffic; or

(b)if it is in the interests of public safety; or

(c)if it is necessary or desirable to close the road for a temporary purpose (including a fair, for example).

(3)The council must publish notice of the closing of the road, in the way that the council considers appropriate (including on its website, for example).

(4)The council may do everything necessary to stop traffic using the road after it is closed.

(5)If a road is closed to traffic for a temporary purpose, the council may permit the use of any part of the road (including for the erection of any structure, for example) on the conditions the council considers appropriate.

76   Temporary roads

(1)This section applies if—

(a)the council wants to remake or repair a road; and

(b)it is not reasonably practicable to temporarily close the road to traffic while the road works are conducted.

(2)The council may make a temporary road, through land that adjoins the road, to be used while the road is being remade or repaired.

(3)However, a council employee or contractor may enter the land only if—

(a)the owner or occupier of the land has agreed, in writing that the council employee or contractor may enter the land; or

(b)the council has given the owner or occupier of the land at least 3 days written notice that states—

(i)the nature of the road works that are to be conducted; and

(ii)the proposed route of the temporary road; and

(iii)an approximate period when the temporary road is expected to remain on the land.

(4)Subsection (3) does not apply if the road works must be urgently conducted, but the council must give the owner or occupier of the land oral notice of the matters mentioned in subsection (3)(b).

(5)The owner of the land may give the chief executive officer a written notice that claims compensation for physical damage caused by the council entering, occupying or using the land under this section.

(6)Compensation is not payable unless the chief executive officer receives the claim—

(a)within 1 year after the occupation or use has ended; or

(b)at a later time allowed by the chief executive officer.

(7)The compensation equals—

(a)the amount agreed between the person and the council; or

(b)if the person and the council can not agree, the amount that is decided by a court.

(8)However, the compensation must not be more than the compensation that would have been awarded if the land had been acquired.

77   The Brisbane River

(1)This section is about roads that are over, under, on or in the Brisbane River (river crossings).

(2)For this section, the Brisbane River is any part of the Brisbane River that is not within the local government area of another local government.

(3)The council may—

(a)survey and resurvey river crossings; and

(b)construct, maintain and improve river crossings; and

(c)name and number river crossings.

(4)Subject to any restrictions prescribed under a regulation—

(a)local laws apply to a river crossing as if all of the crossing were within Brisbane; and

(b)all a river crossing is taken, for the purpose of any Act, to be a road within Brisbane.

78   Road levels

(1)The owner or occupier of land that adjoins a road may give written notice to the council requiring it to advise the owner or occupier of the permanent level that is fixed or to be fixed for the road.

(2)If the council has not, within 6 months after receiving the notice, given the owner or occupier written advice about the permanent level of the road, the council is taken to have fixed the apparent level of the road when the notice was given as the permanent level of the road.

(3)If—

(a)after the council has fixed the permanent level of a road, the council changes the level of the road; and

(b)the owner or occupier of land that adjoins the road is injuriously affected by the change;

the council must pay the owner or occupier, or their successor in title, compensation.

(4)The compensation equals—

(a)the amount that is agreed between the owner or occupier, or their successor in title, and the council; or

(b)if the owner or occupier, or their successor in title, and the council can not agree—the amount that is decided by the Planning and Environment Court.

79   Assessment of impacts on roads from certain activities

(1)This section applies if—

(a)a regulation prescribes an activity for this section; and

(b)the council considers that the conduct of the activity is having, or will have, a significant adverse impact on a road in Brisbane; and

(c)the activity is not for—

(i)a coordinated project under the State Development and Public Works Organisation Act 1971; or

(ii)development categorised under the council’s planning scheme as assessable development for the Planning Act; or

(iii)a road being built under the Land Act, section 110.

(2)The council may require the entity that is conducting the activity to provide information, within a reasonable time, that will enable the council to assess the impact of the activity on the road.

(3)After assessing the impact of the activity on the road, the council may decide to do 1 or more of the following—

(a)give the entity a direction about the use of the road to lessen the impact;

(b)require the entity—

(i)to carry out works to lessen the impact; or

(ii)to pay an amount as compensation for the impact.

(4)The council may require the works to be carried out or the amount to be paid before the impact commences or intensifies.

(5)The amount of compensation is a debt payable to the council and may be recovered in a court.

(6)A regulation for this section—

(a)must contain a process under which the council’s decision may be reviewed; and

(b)may contain a process for enforcing the decision.

80   Categorisation of roads

The council must categorise the roads in Brisbane according to the surface of the road.

81   Roads map and register

(1)The council must prepare and keep up to date—

(a)a map of every road, including private roads, in Brisbane; and

(b)a register of the roads that shows—

(i)the category of every road; and

(ii)the level of every road that has a fixed level; and

(iii)other particulars prescribed under a regulation.

(2)The register of roads may also show other particulars that the council considers appropriate.

(3)The council must ensure the public may view the map and register at its public office or on its website.

(4)On application and payment of a reasonable fee fixed under a resolution or local law, a person may obtain—

(a)a copy of a map or register of roads; or

(b)a certificate signed by an employee of the council who is authorised for the purpose—

(i)about the category, alignment and levels of roads in Brisbane; or

(ii)about the fact that the alignment or level of a road in Brisbane has not been fixed.

82   Unauthorised works on roads

(1)This section applies to a road in Brisbane.

(2)A person must not, without lawful excuse (including under another Act, for example), or the written approval of the council—

(a)carry out works on a road; or

(b)interfere with a road or its operation.

Maximum penalty—200 penalty units.

(3)Works do not include the maintenance of ancillary works and encroachments, or landscaping, that does not interfere with the road or its operation.

(4)An approval may be subject to the conditions decided by the council.

(5)A person must not contravene a condition that applies to the person under subsection (4).

Maximum penalty—40 penalty units.

(6)If a person carries out works in contravention of this section, the council may—

(a)dismantle or alter the works; or

(b)fix any damage caused by the works.

(7)If the council dismantles or alters the works, or fixes any damage caused by the works, the person must pay the council the reasonable costs incurred by the council in doing so.

Division 2 Stormwater drains

83   What this division is about

(1)This division is about stormwater drains and stormwater installations.

(2)A stormwater drain is a drain, channel, pipe, chamber, structure, outfall or other works used to receive, store, transport or treat stormwater.

(3)A stormwater installation for a property—

(a)is any roof gutters, downpipes, subsoil drains or stormwater drain for the property; but

(b)does not include any part of a council stormwater drain.

84   Connecting stormwater installation to stormwater drain

(1)The council may, by written notice, require the owner of a property to connect a stormwater installation for the property to a council stormwater drain in the way, under the conditions and within the time stated in the notice.

(2)The way, condition and time stated in the notice must be reasonable in the circumstances.

(3)A person must not connect a stormwater installation for a property to a council stormwater drain unless—

(a)the council has required the owner of the property to do so by a written notice under subsection (1); or

(b)the council has given its approval for the connection.

Maximum penalty—165 penalty units.

(4)The council may impose conditions on its approval for the connection, including conditions about the way the connection must be made.

(5)If a person connects a stormwater installation under a requirement or approval of the council, the person must comply with the requirement or approval, unless the owner has a reasonable excuse.

Maximum penalty—165 penalty units.

(6)This section does not apply to a stormwater installation for a property that is an airport site under the Airports Act 1996 (Cwlth).

85   No connecting sewerage to stormwater drain

(1)The owner of a property must not connect the sewerage installation for property, or allow the sewerage installation for the property to be connected, to any part of—

(a)the stormwater installation for the property; or

(b)a council stormwater drain.

Maximum penalty—165 penalty units.

(2)A sewerage installation is any of the following—

(a)an on-site sewage facility within the meaning given in the Plumbing and Drainage Act;

(b)a sewer for a property or building unit;

(c)sanitary plumbing i.e. any apparatus, fittings, fixtures or pipes that carry sewage to a sanitary drain;

(d)sanitary drainage i.e. any apparatus, fittings or pipes for collecting and carrying discharges—

(i)from fixtures (that are directly connected to a sanitary drain) to an on-site sewerage facility or a sewerage treatment system; or

(ii)from sanitary plumbing to an on-site sewerage facility or a sewerage treatment system.

Examples of apparatus, fittings or pipes for sanitary drainage—

•disconnector gullies

•bends at the foot of stacks or below ground level

•pipes above ground level that are installed using drainage principles

•for an on-site sewerage facility—a pipe (other than a soil or waste pipe) used to carry sewage to or from the facility

(3)The owner of a property who becomes aware that the sewerage installation for the property is connected to any part of—

(a)the stormwater installation for the property; or

(b)a stormwater drain of the council;

must, as soon as reasonably practicable, take all necessary steps to disconnect the facility, drainage or sewer from the stormwater installation or drain.

Maximum penalty—165 penalty units.

(4)If the sewerage installation for property is connected to any part of—

(a)the stormwater installation on the property; or

(b)a stormwater drain of the council;

the council may, by written notice, require the owner of the property to perform the work stated in the notice, within the time stated in the notice.

(5)The time stated in the notice must—

(a)be a time that is reasonable in the circumstances; and

(b)be at least 1 month after the notice is given to the owner.

(6)However, the time stated in the notice may be less than 1 month but must not be less than 48 hours if the work stated in the notice—

(a)is required to stop a serious health risk continuing; or

(b)relates to a connection that is causing damage to the council stormwater drain.

(7)The work stated in the notice must be work that is reasonably necessary for fixing or otherwise dealing with the sewerage installation, including for example—

(a)work to remedy a contravention of this Act; or

(b)work to disconnect something that was connected to a stormwater drain without the council’s approval.

(8)The owner must comply with the notice, unless the owner has a reasonable excuse.

Maximum penalty for subsection (8)—165 penalty units.

86   No trade waste or prohibited substances in stormwater drain

(1)A person must not put trade waste into a stormwater drain.

Maximum penalty—1,000 penalty units.

(2)Trade waste is waterborne waste from business, trade or manufacturing property, other than—

(a)stormwater; and

(b)a prohibited substance.

(3)A person must not put a prohibited substance into a stormwater drain.

Maximum penalty—1,000 penalty units.

(4)A prohibited substance is—

(a)a solid or viscous substance in a quantity, or of a size, that can obstruct, or interfere with the operation of, a stormwater drain; or

Examples for paragraph (a)—

•ash, cinders, mud, sand, shavings and straw

•glass, metal and plastics

•cups, milk containers and paper and plastic dishes

•feathers, rags, tar and wood

•hair and entrails, paunch manure and whole blood

•grease and oil

•cement-laden wastewater including wash down from exposed aggregate concrete surfaces

(b)a flammable or explosive solid, liquid or gaseous substance; or

(c)sewage, including human waste; or

(d)a substance that, given its quantity, is capable alone, or by interaction with another substance put into a stormwater drain, of—

(i)inhibiting or interfering with the stormwater drain; or

(ii)causing damage or a hazard to the stormwater drain; or

(iii)causing a hazard for humans or animals; or

(iv)creating a public nuisance; or

(v)creating a hazard in waters; or

(vi)contaminating the environment in places where stormwater is discharged or reused; or

Example for paragraph (d)—

a substance with a pH lower than 6.0 or greater than 10.0, or having another corrosive property

(e)a substance that has a temperature of more than—

(i)if the council has approved a maximum temperature for the substance—the approved maximum temperature; or

(ii)otherwise—38ºC.

(5)If—

(a)a person puts a prohibited substance in a council stormwater drain; and

(b)the prohibited substance causes damage to the stormwater drain;

the council may perform work to fix the damage, and may recover the reasonable costs for the work from the person who put the prohibited substance in the stormwater drain.

(6)The costs for the work are in addition to any penalty imposed for the offence.

87   Interference with path of stormwater

(1)A person must not restrict or redirect the flow of stormwater over land in a way that may cause the water to collect and become stagnant.

Maximum penalty—165 penalty units.

(2)However, this section does not apply to water collected in a dam, wetland, tank or pond, if no offensive material is allowed to accumulate.

Division 3 Other infrastructure

88   Malls

(1)The council may establish a mall in Brisbane.

(2)The council must comply with the procedures prescribed under a regulation for establishing a mall.

(3)The regulation may also provide for any other matter connected with managing, promoting or using a mall, including for example—

(a)the removal of vehicles from a mall; and

(b)review of a decision relating to the removal of a vehicle from a mall; and

(c)matters relating to an advisory committee for a mall.

(4)A person is not entitled to compensation on account of injurious affection to any right or interest of a business, commercial or industrial nature because of the establishment, modification or closing of a mall by the council.

(5)However, the council may, by resolution, decide to pay compensation to the person.

(6)The Land Act, chapter 4, part 4 does not apply to a road in Brisbane that is a mall.

89   City Botanic Gardens

(1)This section is about the City Botanic Gardens.

(2)The City Botanic Gardens consist of the reserve for botanic gardens and public park that was established by the council under the repealed City of Brisbane Act.

(3)The council is the trustee of the reserve under the Land Act.

(4)The council has the power to—

(a)do anything that is necessary or desirable for developing, managing, maintaining, promoting, or using the City Botanic Gardens; and

(b)permit the use of any part of the City Botanic Gardens, including the erection of any structure, on the conditions it considers appropriate; and

(c)do anything incidental to its powers under paragraph (a) or (b).

90   Resumption of prescribed land by council

(1)This section applies if—

(a)a development application under the Planning Act is made for a material change of use other than for ‘television station purposes’; or

(b)prescribed land is sold or offered for sale and the council is satisfied the land is likely to be used for a purpose other than television station purposes or related purposes; or

(c)prescribed land is being used for a purpose other than television station purposes or related purposes.

(2)Prescribed land is any scheduled land or trust land under the repealed Land (Mt Coot-tha Television Stations) Sales Act 1986.

(3)The council may decide to acquire the prescribed land either by agreement under the Acquisition of Land Act 1967 or compulsorily for a purpose specified in that Act, if the land is to be used for 1 or more of the following purposes—

(a)a park;

(b)a recreation ground;

(c)a road.

(4)The power conferred on the council under this section is in addition to the powers conferred on the council as a constructing authority under the Acquisition of Land Act 1967.

(5)A decision of the council under subsection (3) is not subject to appeal.

Note—

See section 226 for more information.

91   Ferry services

(1)The council has the exclusive right to provide a ferry service across a watercourse if the land that forms both banks of the watercourse is in Brisbane.

(2)A watercourse is a river, creek or channel where water flows naturally.

(3)The council may—

(a)lease the right to provide a ferry service across a watercourse that it has the exclusive right to provide a ferry service across; and

(b)make local laws for managing and regulating the use of ferries operated or leased by it.

(4)A regulation may—

(a)declare another watercourse that the council has the exclusive right to provide a ferry service across; and

(b)provide for any other matter connected with the provision of ferry services (including declaring the approaches to a ferry as being under the control of the council, for example).

92   Materials in infrastructure are council property

(1)The materials in the following things are the property of the council—

(a)a road constructed by or for the council;

Example of a road constructed for the council—

a road constructed by a developer because of a condition attached to a development approval under the Planning Act

(b)any works relating to a road (including ducting, gutters, stormwater drains, kerbing and channelling, for example) that are constructed by or for the council;

(c)a floating pontoon, jetty, or wharf that is—

(i)constructed by the council; or

(ii)under the control of the council.

(2)If the council, in exercising a power of the council, constructs a structure or carries out any works on someone else’s land, the materials in the structure or works are the property of the council.

(3)This section does not apply to the materials in—

(a)an open drain, other than any lining of the drain; or

(b)the outcome of action taken in accordance with a remedial notice under section 130.

(4)For subsection (1), it is irrelevant whether the thing mentioned in the subsection is on, over or under land that is owned by an entity other than the council.

Part 5    Caretaker period arrangements

92A   Caretaker period

(1)The caretaker period for the council is the period during an election for the council that—

(a)starts on the day when public notice of the holding of the election is given under the Local Government Electoral Act 2011, section 25(1); and

(b)ends at the conclusion of the election.

(2)There is no caretaker period during a by-election or fresh election under the Local Government Electoral Act 2011.

92B   Prohibition on major policy decision in caretaker period

(1)The council must not make a major policy decision during a caretaker period for the council.

(2)However, if the council considers that, having regard to exceptional circumstances that apply, it is necessary to make the major policy decision in the public interest, the council may apply to the Minister for approval to make the decision.

(3)The Minister may give the approval if the Minister is satisfied that, having regard to exceptional circumstances that apply, it is necessary for the council to make the major policy decision in the public interest.

(4)The Minister’s approval may be given on conditions with which the council must comply.

92C   Invalidity of major policy decision in caretaker period without approval

(1)A major policy decision made by the council during a caretaker period for the council is invalid to the extent the council—

(a)does not have the Minister’s approval under section 92B to make the decision; or

(b)does not comply with any conditions of the Minister’s approval under section 92B(4).

(2)A contract is void if it is the subject of a major policy decision that is invalid.

(3)A person who acts in good faith in relation to a major policy decision of the council, or in relation to a contract that is the subject of a major policy decision, but who suffers loss or damage because of any invalidity of the decision under subsection (1) or because the contract is void under subsection (2), has a right to be compensated by the council for the loss or damage.

(4)The person may bring a proceeding to recover the compensation in a court of competent jurisdiction.

92D   Prohibition on election material in caretaker period

(1)The council or a controlled entity of the council must not, during a caretaker period for the council, publish or distribute election material.

(2)Election material is anything able to, or intended to—

(a)influence an elector about voting at an election; or

(b)affect the result of an election.

Examples—

a fact sheet or newsletter that raises the profile of a councillor

(3)The prohibition under subsection (1) does not apply to making a how-to-vote card available under the Local Government Electoral Act 2011, section 179(6).

(4)In this section—

control means the capacity of an entity to dominate decision-making, directly or indirectly, in relation to the financial and operating policies of another entity so as to enable the other entity to operate with the first entity in pursuing the first entity’s objectives.

controlled entity, of the council, means an entity subject to the control of either or both of the following—

(a)the council;

(b)another entity subject to the control of the council.

Chapter 4    Finances and accountability

Part 1    Rates and charges

93   What this part is about

(1)This part is about rates and charges.

(2)Rates and charges are levies that the council imposes—

(a)on land; and

(b)for a service, facility or activity that is supplied or undertaken by—

(i)the council; or

(ii)someone on behalf of the council (including a garbage collection contractor, for example).

94   Types of rates and charges

(1)There are 4 types of rates and charges—

(a)general rates (including differential rates); and

(b)special rates and charges; and

(c)utility charges; and

(d)separate rates and charges.

(2)General rates are for services, facilities and activities that are supplied or undertaken for the benefit of the community in general (rather than a particular person).

Example—

General rates contribute to the cost of roads and library services that benefit the community in general.

(3)Special rates and charges are for services, facilities and activities that have a special association with particular land because—

(a)the land or its occupier—

(i)specially benefits from the service, facility or activity; or

(ii)has or will have special access to the service, facility or activity; or

(b)the land is or will be used in a way that specially contributes to the need for the service, facility or activity; or

Crime and Corruption Act

198(1) Contempt of person conducting commission hearing

Criminal Proceeds Confiscation Act 2002

250(1) Money laundering

Electoral Act

307B(1) Schemes to circumvent prohibition on particular political donations or electoral expenditure

Local Government Electoral Act

112B(5)	Application to unincorporated bodies circumstance—the provision contravened is section 123N(2)
123N(2)	Compliance with expenditure cap generally
169(1)	False or misleading information
170(1) or (2)	Bribery
175(1) or (2)	Forged electoral papers
194B(1)	Schemes to circumvent prohibition on particular political donations or electoral expenditure

Part 2    Integrity offences

This Act

173(1)	Use of information by councillors
177J(2)	Dealing with prescribed conflict of interest at a meeting
177V	Offence to take retaliatory action
198F(2) or (3)	Prohibited conduct by councillor or councillor advisor in possession of inside information
215(1)	False or misleading information

Criminal Code

54(1)	Interference with Governor or Ministers
55(1)	Interference with the Legislature
58(1)	Witness refusing to attend, answer question or produce a thing before Legislative Assembly or authorised committee
78(1) or (2)	Interfering with political liberty
85	Disclosure of official secrets
98E(1)	Influencing voting
98F	Providing money for illegal payments
98G	Voting if not entitled
99(1), (2), (3), (4) or (5)	Voting if not entitled
100(1) or (2)	Hindering or interfering with voting conduct
101(1) or (2)	Bribery
102	Publishing false information about a candidate
113(2), (3), (4) or (5)	Interfering with secrecy at elections
128	Deceiving witnesses
130	Preventing witnesses from attending
133(1)	Compounding an indictable offence circumstance—the penalty in subsection (3) applies to the offence
194(1)	False declarations
204(1)	Disobedience to statute law
398(1)	Punishment of stealing circumstance—no circumstance of aggravation applies to the offence
399	Fraudulent concealment of particular documents circumstance—paragraph (a) of the penalty applies to the offence
408C	Fraud circumstance—the circumstance of aggravation mentioned in subsection (2), (2A) or (2B) does not apply to the offence
408D(1) or (1A)	Obtaining or dealing with identification information
408E	Misuse of restricted computer circumstance—no circumstance of aggravation, or the circumstance of aggravation mentioned in subsection (2), applies to the offence
414	Demanding property with menaces with intent to steal
488(1)	Forgery and uttering circumstance—paragraph (c) of the penalty applies to the offence
541(1)	Conspiracy to commit crime circumstance—the maximum penalty for the crime in question is less than 7 years imprisonment

Electoral Act

307A(1)	Offence about prohibited donations
307C(1)	False or misleading information relating to determinations
427(2)	Obligation to repay particular political donations

Local Government Act

150AW(1)	Protection from reprisal
234(1)	False or misleading information

Local Government Electoral Act

112B(5)	Application to unincorporated bodies circumstance—the provision contravened is section 123O(2)
116G(1) or (2)	Agent’s obligation to ensure compliance
123O(2)	Compliance with expenditure cap—unregistered third party
126(8)	Requirement for candidate to operate dedicated account
127(8)	Requirement for group of candidates to operate dedicated account
127AA(7)	Requirement for registered political party to operate dedicated account
127AB(7)	Requirement for relevant third party to operate dedicated account
127V(2)	Participant in election must assist appointed auditor
135E(2)	Auditor preparing audit certificate to give notice of contravention
171	Assisting illegal payments
183	Engaging in group campaign activities
186	Influencing voting by violence or intimidation
189	Voting if not entitled
194A(1)	Offence about prohibited donations
194C(1)	False or misleading information relating to determinations
195(2)	Offences about returns
195(3)	Offences about returns
212(2)	Obligation to repay particular political donations

Schedule 2 Dictionary

section 6

2020 quadrennial election means the quadrennial election for 2020.

acceptable requests guidelines see section 244(1).

adopt, by the council, means adopt by resolution of the council.

advice guidelines ...

ancillary works and encroachments means—

(a)cellars; or

(b)gates; or

(c)temporary rock anchors for building support; or

(d)ancillary works and encroachments under the Transport Infrastructure Act.

anti-competitive provision means a provision that a regulation identifies as creating barriers to—

(a)entry to a market; or

(b)competition within a market.

appropriately qualified, for a delegated power, includes having the qualifications, experience or standing to exercise the power.

Example of standing—

a person’s classification level in the public service

approved form means a form approved 248.

approved inspection program see section 122(2).

auditor-general means the Queensland Auditor-General under the Auditor-General Act 2009.

authorised officer means a person who holds office under the Local Government Act, section 204D.

authorised person means a person who holds office under section 199.

BCC councillor conduct review panel ...

BCC councillors code of conduct ...

beginning, of the council’s term, see section 161(3).

beneficial enterprise see section 43(3).

boundary change see section 19(2).

Brisbane means the City of Brisbane.

Building Act means the Building Act 1975.

building certifying activity see section 51(4).

building unit means a lot under—

(a)the Body Corporate and Community Management Act 1997; or

(b)the Building Units and Group Titles Act 1980; or

(c)the Integrated Resort Development Act 1987; or

(d)the Mixed Use Development Act 1993; or

(e)another Act prescribed under a regulation.

business activity, of the council, means trading in goods and services by the council.

business unit, of the council, means a part of the council that conducts a business activity of the council.

caretaker period, for the council, see section 92A(1).

cause detriment to the council—

1

To cause detriment to the council includes—

(a)to sabotage a lawful process of the council (including adopting a budget or conducting a tender process, for example); or

(b)to cause the council to suffer a loss in its lawful performance of a function or commercial activity (including the loss of a future contractual arrangement, for example).

2

To cause detriment to the council does not include—

(a)merely embarrassing the council; or

(b)merely causing disagreement between councillors.

CCC means the Crime and Corruption Commission.

chairperson of the council means the councillor appointed by the council under section 25(1).

change commission means the change commission established under the Local Government Act.

charges includes any interest accrued, or premium owing, on the charges.

chief executive officer means the person who holds an appointment under section 190.

close associate, of a councillor, see section 177G.

code of competitive conduct see section 51(2).

commercialisation, of a significant business activity, see section 48(2).

committee chairperson, for a committee of the council, means the councillor appointed by members of the committee as chairperson of the committee.

Commonwealth Super Act means the Superannuation Industry (Supervision) Act 1993 (Cwlth).

competitive neutrality principle see section 47(3).

component local government see the Local Government Act, section 25A(4).

conclusion, of the election of a councillor, see the Local Government Electoral Act 2011, section 7.

conduct tribunal see the Local Government Act, section 150DK.

conflict of interest ...

consolidated version, of a local law, see section 35(2).

contractor, of the council, means—

(a)a person who provides services under a contract with the council; or

(b)a person prescribed under a regulation.

conviction includes a finding of guilt, and the acceptance of a plea of guilty, by a court, whether or not a conviction is recorded.

corporate entity means an entity that has been corporatised under this Act and to which the Corporations Act does not apply.

corporatisation ...

cost-recovery fee see section 99(2).

council see section 9.

council employee means any of the following of or relating to the council—

(a)the chief executive officer;

(b)a senior executive employee;

(c)a person holding an appointment under section 193.

councillor, for the council, includes the mayor.

councillor advisor see section 194A(1).

council meeting means a meeting of—

(a)the council; or

(b)a committee of the council.

council worker see section 127(4).

court means a court of competent jurisdiction.

Crime and Corruption Act means the Crime and Corruption Act 2001.

Crime and Misconduct Act ...

criminal history, of a person, means all convictions, other than spent convictions, recorded against the person for offences, in Queensland or elsewhere, whether before or after the commencement of this Act.

declarable conflict of interest see sections 177K and 177L.

department’s chief executive means the chief executive of the department.

discretionary funds see section 106(2).

disqualifying offence see section 153(6).

distribution, of a how-to-vote card—

(a)includes make the card available to other persons; but

(b)does not include merely display the card.

Examples—

1A person distributes how-to-vote cards if the person hands the cards to other persons or leaves them at a place for other persons to take away.

2A person does not distribute how-to-vote cards if the person attaches the cards to walls and other structures, merely for display.

drafting certificate ...

drafting standards ...

elected includes re-elected.

elector means a person entitled to vote in an election of councillors.

Electoral Act means the Electoral Act 1992.

electoral commission means the Electoral Commission of Queensland under the Electoral Act.

electoral commissioner means the electoral commissioner under the Electoral Act.

eligible councillor, for a matter at a council meeting, means a councillor at the meeting who does not have a prescribed conflict of interest or declarable conflict of interest in the matter.

employment-related or upgraded travel or accommodation, for a person, means—

(a)travel or accommodation paid for by the State or a local government; or

(b)travel or accommodation paid for by LGAQ Ltd for the purpose of a councillor attending a meeting of the policy executive established under the constitution of LGAQ Ltd; or

(c)travel or accommodation that is—

(i)undertaken or used by the person in the course of the person’s employment; and

(ii)is contributed to, whether financially or non-financially, by the person’s employer; or

(d)if the person is a director of a corporation—travel or accommodation that is—

(i)undertaken or used by the person in the course of carrying out the person’s duties as a director; and

(ii)is contributed to, whether financially or non-financially, by the corporation; or

(e)if the travel is airline travel—an upgrade to the travel given by the provider of the travel for no charge; or

Example—

a free air travel upgrade to business class

(f)an upgrade to the accommodation given by the provider of the accommodation for no charge.

Example—

a free accommodation upgrade to a larger room

encumbrance includes any of the following that affects land—

(a)a mortgage, lien or charge;

(b)a caveat;

(c)an agreement;

(d)a judgment, writ or process;

(e)an interest adverse to the interest of the land’s owner;

but does not include an easement.

establish, a superannuation scheme, includes join in establishing a superannuation scheme.

Establishment and Coordination Committee means the council’s Establishment and Coordination Committee continued under section 24.

executive officer, of an entity, means—

(a)if the entity has a board or management committee—each member of the board or committee; or

(b)each person, by whatever name called, who is concerned, or takes part, in the management of the entity.

final part, of the council’s term, see section 161(5).

Forestry Act means the Forestry Act 1959.

fresh election means an election of all the councillors of the council that is not a quadrennial election.

full cost pricing, of a significant business activity, see section 48(3).

full-time government job ...

general rates see section 94(2).

gift includes—

(a)a gift under the Local Government Electoral Act 2011, section 107; and

(b)a gift that is required, under a regulation, to be recorded in a register of interests.

government entity has the same meaning as in the Government Owned Corporations Act 1993.

grants commission means the grants commission established under the Local Government Act.

group of candidates, for an election, see the Local Government Electoral Act 2011, section 42(3).

head of the council ...

home includes—

(a)a room in a boarding house; and

(b)a caravan; and

(c)a manufactured home within the meaning of the Manufactured Homes (Residential Parks) Act 2003, section 10.

Housing Act contract means a contract of sale—

(a)that was entered into under—

(i)the State Housing Act 1945, section 24, before the repeal of that Act; or

(ii)the Housing Act 2003, section 113; or

(b)under which—

(i)the purchase price, other than the deposit, is payable in 2 or more instalments; or

(ii)the sale is of a share in a house and land.

how-to-vote card see the Local Government Electoral Act 2011, schedule 2.

identity card, of a person, means a card that—

(a)identifies the person as an authorised person, council worker or authorised officer; and

(b)contains a recent photo of the person; and

(c)contains a copy of the person’s signature; and

(d)states the expiry date for the identity card.

inappropriate conduct ...

industrial instrument means an industrial instrument under the Industrial Relations Act 2016.

Industrial Relations Act ...

interest means a financial or other interest.

interim administrator see the Local Government Act, schedule 4.

interim local law see section 27(4).

investigator see section 205(2).

joint government activity see section 12(2).

joint local government see the Local Government Act, section 25A(2).

joint local government area see the Local Government Act, section 25A(3).

judicial review means a review under the Judicial Review Act.

Judicial Review Act means the Judicial Review Act 1991.

land includes—

(a)freehold land; and

(b)land held from the State for a leasehold interest; and

(c)a mining claim.

Land Act means the Land Act 1994.

Land Title Act means the Land Title Act 1994.

LGAQ Ltd means the Local Government Association of Queensland Ltd ABN 11 010 883 293.

loan includes—

(a)a loan under the Local Government Electoral Act 2011, section 106; and

(b)a loan that is required, under a regulation, to be recorded in a register of interests.

Local Government Act means the Local Government Act 2009.

local government area see the Local Government Act, section 8(2).

Local Government (Financial Assistance) Act means the Local Government (Financial Assistance) Act 1995 (Cwlth).

local government principles see section 4(2).

local government related law means a law under which the council performs the council’s responsibilities, including, for example—

(a)this Act; and

(b)the Local Government Act; and

(c)a local law; and

(d)the Building Act; and

(e)the Planning Act; and

(f)a planning scheme, under the Planning Act; and

(g)the Plumbing and Drainage Act; and

(h)the Water Act 2000; and

(i)the Water Supply (Safety and Reliability) Act 2008.

local law see section 27(2).

major policy decision, of the council, means a decision—

(a)about the appointment of a chief executive officer; or

(b)about the remuneration of the chief executive officer; or

(c)to terminate the employment of the chief executive officer; or

(d)to enter into a contract the total value of which is more than the greater of the following—

(i)$200,000;

(ii)1% of the council’s net rate and utility charges as stated in the council’s audited financial statements included in the council’s most recently adopted annual report; or

(e)relating to making or preparing an arrangement, list, plan or register in the way provided under a regulation made under this Act that can be used to establish an exception to obtaining quotes or tenders when entering into a contract; or

(f)to make, amend or repeal a local law; or

(g)to make, amend or repeal a local planning instrument under the Planning Act; or

(h)under the Planning Act, chapter 3, part 3, division 2 on a development application that includes a variation request under that Act if the application proposes to—

(i)vary the category of development or category of assessment of development; or

(ii)vary the assessment benchmarks or criteria for accepted development that would apply to development; or

(iii)facilitate development that would result in a greater demand on infrastructure than the demand anticipated in the council’s local government infrastructure plan; or

(i)under the Planning Act, chapter 3, part 5, division 2, subdivision 2 on a change application under that Act that includes a change to a variation approval if the application is being assessed under section 82 of that Act and the application proposes to—

(i)further vary the category of development or category of assessment of development; or

(ii)further vary the assessment benchmarks or criteria for accepted development that would apply to development; or

(iii)facilitate development that would result in a greater demand on infrastructure than the demand anticipated in the council’s local government infrastructure plan.

Note—

Change application assessments for minor changes under the Planning Act, section 81 are not subject to paragraph (i).

material personal interest ...

middle, of the council’s term, see section 161(4).

mining claim means a mining claim under the Mineral Resources Act 1989.

misconduct ...

model local law see section 27(7).

National Competition Policy Agreements means the following agreements (made between the Commonwealth and the States on 11 April 1995), as in force for the time being—

(a)the Conduct Code Agreement;

(b)the Competition Principles Agreement;

(c)the Agreement to Implement National Competition Policy and Related Reforms.

notice of intention to acquire land see section 67(2).

occupier, of property, see section 114(6).

ordinary business matter ...

overall State interest is—

(a)an interest that the Minister considers affects the economic, environmental or social interest of all or part of the State; or

(b)an interest that the Minister considers affects the interest of ensuring there is an accountable, effective and efficient system of local government; or

(c)an interest prescribed under a regulation.

owner of land—

1

An owner of land is—

(a)a registered proprietor of freehold land; or

(b)a purchaser of freehold land from the State under an Act; or

(c)a purchaser of land under a Housing Act contract; or

(d)a person who has a share in land that the person bought under a Housing Act contract; or

(e)a lessee of land held from the State, and a manager, overseer or superintendent of the lessee who lives on the land; or

(f)the holder of a mining claim or lease; or

(g)the holder of land mentioned in the Mineral Resources Act 1989, schedule 2, definition owner; or

(h)a lessee under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004; or

(i)a lessee of land held from a government entity or the council; or

(j)the holder of an occupation permit or stock grazing permit under the Forestry Act or of a permit prescribed under a regulation; or

(k)the holder of a permission to occupy from the chief executive of the department responsible for the administration of the Forestry Act; or

(l)the holder of a permit to occupy under the Land Act; or

(m)a licensee under the Land Act; or

(n)for land on which there is a structure subject to a timeshare scheme—the person notified to the council as the person responsible for the administration of the scheme as between the participants in the scheme; or

(o)another person who is entitled to receive rent for the land; or

(p)another person who would be entitled to receive rent for the land if it were leased at a full commercial rent.

2

However, an owner of land does not include the State, or a government entity, except as far as the State or government entity is liable under an Act to pay rates.

perceived conflict of interest ...

Planning Act means the Planning Act 2016.

Planning and Environment Court ...

planning scheme means a planning scheme under the Planning Act.

Plumbing and Drainage Act means the Plumbing and Drainage Act 2018.

police commissioner ...

political party means an organisation registered as a political party under the Electoral Act.

preliminary assessment ...

prescribed conflict of interest see section 177D, 177E or 177F.

private property see section 114(4).

private sector means an entity that is not—

(a)the Commonwealth or a State; or

(b)a State authority; or

(c)a local government.

property means land, any structure on the land, and a vehicle.

public office, of the council, see section 241.

public place, for chapter 5, part 2, division 1, see section 114(5).

public place see section 114(5).

public thoroughfare easement is an easement created under—

(a)the Land Act, chapter 6, part 4, division 8; or

(b)the Land Title Act, part 6, division 4.

public utilities means—

(a)works for the supply of drainage, electricity, gas, sewerage, telecommunications or water; or

(b)works for an infrastructure corridor under the State Development and Public Works Organisation Act 1971, section 82; or

(c)works for a purpose mentioned in the State Development and Public Works Organisation Act 1971, section 125; or

(d)other works declared under a regulation to be a public utility.

quadrennial elections means the elections for local governments that are held in 2012, and every fourth year after 2012.

rateable land see section 95(2).

rates includes any interest accrued, or premium owing, on the rates.

rates and charges see section 93(2).

real conflict of interest ...

reasonable entry notice see section 127A(3).

reasonable proportion of electors see section 17(4).

reasonable written notice ...

registered officer, of a political party, means the registered officer of the political party under the Electoral Act.

registrar of titles means the public authority responsible for registering title to land and dealings affecting land.

regulated pool see the Building Act, section 231B.

related, for chapter 6, part 4A—

(a)to a councillor—see section 198A(3); or

(b)to a councillor advisor—see section 198A(4).

related party, of a councillor, see section 177M.

relevant term, for a councillor, means the councillor’s current term of office and the period—

(a)starting on the day after the conclusion of the quadrennial election held before the most recent quadrennial election; and

(b)ending on the day immediately before the councillor’s current term of office started.

remedial notice see section 127A(1).

repealed Business and Procedure Act means the repealed Brisbane City Council Business and Procedure Act 1939.

repealed City of Brisbane Act means the repealed City of Brisbane Act 1924.

repealed mall Act means—

(a)the repealed Local Government (Chinatown and The Valley Malls) Act 1984; or

(b)the repealed Local Government (Queen Street Mall) Act 1981.

resolution, of the council, means the formal decision of the council at a council meeting.

responsibility includes a function.

reward does not include—

(a)a councillor’s remuneration as a councillor; or

(b)an amount decided under the deed under the Superannuation (State Public Sector) Act 1990 in relation to a transferring member within the meaning of repealed section 32A of that Act; or

(c)reasonable expenses actually incurred for any 1 or more of the following—

(i)accommodation;

(ii)meals;

(iii)domestic air travel;

(iv)taxi fares or public transport charges;

(v)motor vehicle hire; or

(d)an amount paid as a pension or otherwise for past service in a full-time government job.

road see section 65(2).

roads activity see section 51(5).

rules of procedure ...

sanitary drain—

(a)means a drain that is immediately connected to, and used to carry discharges from, a soil or waste pipe; but

(b)does not include a pipe that is a part of a drain for carrying off effluent from a property after treatment in an on-site sewerage facility.

senior contract employee ...

senior executive employee means an employee of the council—

(a)who reports directly to the chief executive officer; and

(b)whose position ordinarily would be considered to be a senior position in the council’s corporate structure.

separate rates and charges see section 94(5).

sewerage treatment system means the infrastructure used to receive, transport and treat sewage or effluent (including sewers, access chambers, machinery, outfalls, pumps, structures and vents, for example).

sign, a thing, includes the making of a mark on the thing in front of someone else who signs the thing as witness.

significant business activity see section 47(4).

special rates and charges see section 94(3).

spent conviction ...

standing committee, of the council, means a committee of its councillors that meets to discuss the topics decided by the council when establishing the committee.

State-controlled road see the Transport Infrastructure Act, schedule 6.

State office, of the department, means the office of the department at the address prescribed under a regulation.

Statutory Bodies Financial Arrangements Act means the Statutory Bodies Financial Arrangements Act 1982.

statutory committee, of the council, means a committee of the council that is required under this Act and may not be dissolved by the council.

stormwater drain see section 83(2).

stormwater installation see section 83(3).

structure means anything that is built or constructed, whether or not it is attached to land.

subordinate local law see section 27(5).

super board ...

sustainable development is development that is designed to meet present needs while also taking into account future costs (including costs to the environment and the depletion of natural resources, for example).

timeshare scheme, for a structure, means a scheme that is to operate for at least 3 years during which time the participants in the scheme are, or may become, entitled to use, occupy or possess the structure, or part of the structure, for 2 or more periods.

Transport Infrastructure Act means the Transport Infrastructure Act 1994.

tribunal ...

trust deed ...

utility charges see section 94(4).

ward, of Brisbane, see section 17(1).