Local Government Act 2009 (Qld)

Local Government Act 2009

An Act to provide a system of local government in Queensland, and for related purposes

Chapter 1    Preliminary

1   Short title

This Act may be cited as the Local Government Act 2009.

2   Commencement

(1)Amendments 20 and 21 of the Local Government Act 1993 in schedule 1 commence on assent.

(2)The following provisions commence immediately before the repeal of the Local Government Act 1993 under section 289—

(a)section 284;

(b)the remaining amendments of the Local Government Act 1993 in schedule 1;

(c)schedule 2.

(3)Chapter 9, part 1 commences on 1 July 2009.

(4)The remaining provisions of the Act commence on a day to be fixed by proclamation.

3   Purpose of this Act

The purpose of this Act is to provide for—

(a)the way in which a local government is constituted and the nature and extent of its responsibilities and powers; and

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

Note—

The system of local government consists of a number of local governments. See the Constitution of Queensland 2001, section 70 (System of local government).

4   Local government principles underpin this Act

(1)To ensure the system of local government 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, local government employees and councillor advisors.

5   Relationship with City of Brisbane Act 2010

Although the Brisbane City Council is a local government, the City of Brisbane Act 2010, rather than this 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.

Note—

See the City of Brisbane Act 2010, section 5.

6   Definitions

The dictionary in schedule 4 defines particular words used in this Act.

Chapter 2    Local governments

Part 1    Local governments and their constitution, responsibilities and powers

7   What this part is about

This part explains—

(a)what a local government is; and

(b)what a local government area is; and

(c)the responsibilities and powers of a local government, its councillors and its employees.

8   Local government’s responsibility for local government areas

(1)A local government is an elected body that is responsible for the good rule and local government of a part of Queensland.

Note—

This is provided for in the Constitution of Queensland 2001, section 71 (Requirements for a local government).

(2)A part of Queensland that is governed by a local government is called a local government area.

Note—

The Brisbane City Council is the local government for the City of Brisbane. For the local government area of the Brisbane City Council, see the City of Brisbane Act 2010, section 7.

(3)A local government area may be divided into areas called divisions.

(4)A regulation may—

(a)describe the boundaries of a local government area; or

(b)describe the boundaries of any divisions; or

(c)fix the number of councillors for a local government and any divisions of the local government area; or

(d)name a local government area; or

(e)classify a local government area as a city, town, shire or region.

9   Powers of local governments generally

(1)A local government has the power to do anything that is necessary or convenient for the good rule and local government of its local government area.

Note—

Also, see section 262 (Powers in support of responsibilities) for more information about powers.

(2)However, a local government can only do something that the State can validly do.

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

(4)A local government may exercise its powers—

(a)inside the local government area; or

(b)outside the local government area (including outside Queensland)—

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

(ii)as provided in section 10(5).

(5)When a local government is exercising a power in a place that is outside its local government area, the local government has the same jurisdiction in the place as if the place were inside its local government area.

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

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

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

10   Power includes power to conduct joint government activities

(1)A local government may exercise its powers by cooperating with 1 or more other local, State or Commonwealth governments 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.

(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 1 of the local governments.

(5)A local government 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 29 for more information about making local laws.

11   Local governments are bodies corporate etc.

A local government—

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

(b)has a common seal; and

(c)may sue and be sued in its name.

12   Responsibilities of councillors

(1)A councillor must represent the current and future interests of the residents of the local government area.

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

(3)All councillors have the following responsibilities—

(a)ensuring the local government—

(i)discharges its responsibilities under this Act; and

(ii)achieves its corporate plan; and

(iii)complies with all laws that apply to local governments;

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

(c)participating in council meetings, policy development, and decision-making, for the benefit of the local government area;

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

(4)The mayor has the following extra responsibilities—

(a)leading and managing meetings of the local government at which the mayor is the chairperson, including managing the conduct of the participants at the meetings;

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

(c)directing the chief executive officer of the local government under section 170;

(d)conducting a performance appraisal of the chief executive officer, at least annually, in the way that is decided by the local government (including as a member of a committee, for example);

(e)ensuring that the local government promptly provides the Minister with the information about the local government area, or the local government, that is requested by the Minister;

(f)being a member of each standing committee of the local government;

(g)representing the local government at ceremonial or civic functions.

(5)A councillor who is not the mayor may perform the mayor’s extra responsibilities only if the mayor delegates the responsibility to the councillor.

(6)When performing a responsibility, a councillor must serve the overall public interest of the whole local government area.

13   Responsibilities of local government employees

(1)All employees of a local government have the same responsibilities, but the chief executive officer has some extra responsibilities.

(2)All employees have the following responsibilities—

(a)implementing the policies and priorities of the local government 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 local government—

(i)discharges its responsibilities under this Act; and

(ii)complies with all laws that apply to local governments; and

(iii)achieves its corporate plan;

(c)providing sound and impartial advice to the local government;

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

(e)ensuring the employee’s personal conduct does not reflect adversely on the reputation of the local government;

(f)improving all aspects of the employee’s 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.

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

(a)managing the local government 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 local government employees through management practices that—

(i)promote equal employment opportunities; and

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

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

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

(i)local government programs; and

(ii)appropriate avenues for reviewing local government decisions;

(e)the safe custody of—

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

(ii)all documents owned or held by the local government;

(f)complying with requests from councillors under section 170A—

(i)for advice to assist the councillor carry out his or her role as a councillor; or

(ii)for information, that the local government has access to, relating to the local government.

Part 2    Councillors for divisions of local government areas

14   What this part is about

(1)This part is about the number of electors that are to be in each division of a local government area, to ensure democratic representation.

(2)This part does not apply to an indigenous regional council.

15   Number of councillors for divisions

(1)Each division of a local government area must have a reasonable proportion of electors for each councillor elected, or to be elected, for the division.

(2)A reasonable proportion of electors for a councillor of a division is the number of electors that is worked out by dividing the total number of electors in the local government area (as nearly as can be found out) by the total number of councillors (other than the mayor) currently elected, or to be elected, for the local government, plus or minus—

(a)for a local government area with more than 10,000 electors—10%; or

(b)for any other local government area—20%.

Examples—

1If the total number of electors in the local government area is 15,000, and the number of councillors (other than the mayor) is 5, the reasonable proportion of electors is 3,000 (i.e. 15,000 divided by 5) plus or minus 10%, i.e. between 2,700 and 3,300 electors.

2If the total number of electors in the local government area is 5,000, and the number of councillors (other than the mayor) is 5, the reasonable proportion of electors is 1,000 (i.e. 5,000 divided by 5) plus or minus 20%, i.e. between 800 and 1,200 electors.

(3)When changing a division, including changing the number of councillors elected, or to be elected, for the division, the reasonable proportion of electors for a councillor of a division must be worked out as near as practicable to the time when the change is to happen.

16   Review of divisions and councillors

A local government must, no later than 1 March in the year before the year of the quadrennial elections—

(a)review whether each division of its local government area has a reasonable proportion of electors for each councillor elected for the division; and

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

Part 3    Changing a local government area, name or representation

Division 1 Introduction

17   What this part is about

(1)This part is about making a local government change.

(2)A local government change is a change of—

(a)the boundaries of a local government area; or

(b)any divisions of a local government area, other than the City of Brisbane; or

(c)the number of councillors for a local government or divisions of a local government area; or

(d)the name of a local government area; or

(e)the classification of a local government area (from a town to a city, for example).

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

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

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

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

Note—

See division 3 for the creation of the change commission.

Division 2 The process for change

18   Who may start the change process

Only the Minister may propose a local government change to the change commission.

19   Assessment

(1)The change commission is responsible for assessing whether a local government change proposed by the Minister is in the public interest.

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

(a)whether the proposed local government change is consistent with a Local Government Act; and

(b)the views of the Minister about the proposed local government 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 local government 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 local government change.

(4)However, the Minister may direct the change commission in writing to conduct its assessment of the proposed local government 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.

20   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 local government change.

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

(a)holding, postponing or cancelling a local government election, including, for example, matters in relation to expenditure caps and disclosure of gifts, loans and electoral expenditure under the following provisions of the Local Government Electoral Act—

(i)part 4, division 2, subdivision 3;

(ii)part 6;

(iii)part 9, division 5; or

(b)the transfer of assets and liabilities from a local government to another local government.

(4)A local government is not liable to pay a State tax in relation to a transfer or other arrangement made to implement a local government 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.

21   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 244 for more information.

Division 3 The change commission

22   Change commission is established

(1)The Local Government Change Commission (the change commission) is established.

(2)The change commission is made up of—

(a)the electoral commissioner; or

(b)any combination of the following persons that the electoral commissioner nominates—

(i)the electoral commissioner;

(ii)the deputy electoral commissioner;

(iii)a casual commissioner.

23   Casual commissioners

(1)The Governor in Council may appoint the number of casual commissioners that the Governor in Council considers appropriate.

(2)The Governor in Council must appoint a qualified person to be a casual commissioner.

(3)A person is qualified to be a casual commissioner if the person—

(a)has—

(i)extensive knowledge of and experience in local government, public administration, law, public finance or community affairs; or

(ii)other qualifications and experience that the Governor in Council considers appropriate; but

(b)is not—

(i)a member of an Australian Parliament; or

(ii)a nominee for election as a member of an Australian Parliament; or

(iii)a councillor; or

(iv)a nominee for election as a councillor; or

(v)a person who has accepted an appointment as a councillor; or

(vi)a member of a political party; or

(vii)a person who has a conviction for an indictable offence that is not an expired conviction.

(4)A casual commissioner may be appointed for a term of not longer than 3 years.

(5)A casual commissioner holds office on the conditions (including about fees and allowances, for example) that the Governor in Council decides.

(6)A casual commissioner may resign by a signed notice of resignation given to the Minister.

24   Conflict of interests

(1)This section applies if—

(a)a person on the change commission has a direct or indirect financial interest in a matter being considered, or about to be considered, by the change commission; and

(b)the interest could conflict with the proper performance of the person’s responsibilities for the matter.

(2)The person must not take part, or take any further part, in the consideration of the matter.

Maximum penalty—35 penalty units.

(3)As soon as practicable after the person becomes aware that this section applies to the matter, the person must—

(a)if the person is the electoral commissioner—direct the deputy electoral commissioner to constitute the change commission in the electoral commissioner’s place; or

(b)otherwise—inform the electoral commissioner.

Maximum penalty—35 penalty units.

(4)If subsection (3)(b) applies, the electoral commissioner must take the person’s place.

25   Annual report of change commission

(1)The electoral commissioner must prepare a report about the change commission’s operations during each financial year.

(2)The report must include details of the following directions given to the change commission by the Minister during the financial year for which the report is prepared—

(a)a direction given under section 19(4);

(b)a direction given under the City of Brisbane Act 2010, section 21(4).

(3)The electoral commissioner must give a copy of the report to the Minister, before the end of the first October after the financial year.

(4)The electoral commissioner must include the report in the annual report of the electoral commission (that is prepared under the Electoral Act, section 18).

(5)The electoral commissioner must ensure that the public can inspect copies of the report—

(a)at the electoral commission’s office in Brisbane; and

(b)on the electoral commission’s website.

Chapter 2A    Joint local governments

Part 1    Preliminary

25A   What this chapter is about

(1)This chapter explains what a joint local government is and its responsibilities and powers.

Note—

For other flexible forms of cooperation between local governments, see section 10.

(2)A joint local government is an entity that, within a joint local government area, takes over particular responsibilities from its component local governments.

(3)A joint local government area is a part of the State that consists of the whole or parts of 2 or more local government areas of component local governments.

(4)A component local government is a local government entitled to be represented on a joint local government, either in its own right or as a member of a group of local governments.

(5)In this chapter local government includes the Brisbane City Council.

Part 2    Establishment and operation of joint local governments

25B   Constitution of joint local governments

(1)Before establishing a joint local government, the proposed component local governments must reach agreement about the constitution of the joint local government.

(2)The constitution of a joint local government is a document setting out the following—

(a)the name of the joint local government;

(b)the responsibilities to be transferred to the joint local government from its component local governments;

(c)the boundaries of the joint local government area;

(d)the number of members of the joint local government to which each component local government is entitled;

(e)the process for appointing members;

(f)the proportion of the cost of the operations of the joint local government that must be contributed by each of its component local governments;

(g)the recovery of the cost of the operations of the joint local government;

(h)another matter—

(i)for which it is necessary or convenient to provide for the joint local government’s establishment or operation; but

(ii)for which this Act does not make provision or adequate provision.

(3)The boundaries of a joint local government area may not be beyond the boundaries of its component local governments.

(4)Only a councillor of a component local government may be a member of a joint local government.

(5)The members of a joint local government are not entitled to any additional remuneration or allowances for being members of the joint local government.

25C   Establishment of joint local governments

(1)A joint local government is established for an area if 2 or more local governments approve, by resolution, the constitution for the joint local government.

(2)Two or more joint local governments may be established for the same joint local government area, or part of a joint local government area, if the joint local governments are to have different functions.

(3)Each component local government must ensure the public may inspect or purchase a copy of an approved constitution for the joint local government at the component local government’s public office.

25D   Joint local governments are bodies corporate etc.

A joint local government—

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

(b)has a common seal; and

(c)may sue and be sued in its name.

25E   Powers of joint local governments generally

(1)A joint local government has the same powers as a local government to do anything that is necessary or convenient for performing its responsibilities.

Notes—

1For the powers of a local government, see sections 9 and 262.

2A joint local government only has the responsibilities given to it by its component local governments under its constitution. See section 25B(2).

(2)In exercising a power under subsection (1), a joint local government has the same limitations and obligations that its component local governments would have under this or another Act in exercising the power.

Example—

If a component local government must comply with particular requirements before exercising a power under an Act, a joint local government must also comply with the requirements before exercising the same power.

(3)For the purpose of subsections (1) and (2), a reference to a local government in this or another Act is taken to include a reference to a joint local government.

(4)A joint local government may exercise its powers in its own name.

25F   Restriction on power to make or levy rates and charges

(1)A joint local government can not make or levy any rates or charges on land.

(2)A component local government of a joint local government may make or levy rates and charges on land for a matter within its jurisdiction, even though—

(a)the land is within the joint local government’s area; and

(b)the purpose for the rates or charges relates to a matter within the joint local government’s jurisdiction.

25G   Limitation on powers of a component local government

(1)A component local government may not, within a joint local government area, exercise a power for which the joint local government has jurisdiction.

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

25H   Chairperson and deputy chairperson

A joint local government must appoint a chairperson and deputy chairperson from its members, by resolution, at—

(a)the first meeting of the joint local government; and

(b)at its first meeting after each quadrennial election after the meeting mentioned in paragraph (a).

25I   Disbursement from operating fund of joint local government for purposes other than exclusive jurisdiction

(1)A joint local government may make a disbursement from its operating fund for any purpose that—

(a)is not within the exclusive jurisdiction of the joint local government; but

(b)is within the jurisdiction of its component local governments.

(2)However, the disbursement may be made only if—

(a)the joint local government has, by resolution, decided the amount of the disbursement is not required for exercising its exclusive jurisdiction; and

(b)the component local governments approve the purpose for which the disbursement is to be made.

(3)The approval may be given for the purpose for disbursements in more than 1 financial year.

(4)A disbursement under this section may be made—

(a)to a component local government or another entity; or

(b)directly by the joint local government.

25J   Winding up joint local governments

(1)A joint local government may, by resolution, decide to wind up the joint local government.

(2)If a joint local government acts under subsection (1), the joint local government must cease to carry out activities except so far as is required for winding up the joint local government.

Chapter 3    The business of local governments

Part 1    Local laws

Division 1 Introduction

26   What this part is about

(1)This part is about local laws.

(2)A local law is a law made by a local government.

(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)The Minister may approve, by gazette notice, a local law as being suitable for incorporation by all local governments into their local laws.

(8)This type of local law is a model local law.

27   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

28   Power to make a local law

(1)A local government may make and enforce any local law that is necessary or convenient for the good rule and local government of its local government area.

(2)However, a local government 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.

29   Local law making process

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

(2)A local government makes a local law by passing a resolution to make the local law.

(3)If a local government 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 local government 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)A local government 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 a local government 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.

29A   State interest check

(1)This section applies if a local government 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)A local government must consult with relevant government entities about the overall State interest in the proposed local law before making the local law.

29B   Publication of local laws

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

(a)in the gazette; and

(b)on the local government’s website.

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

(3)The notice in the gazette must state—

(a)the name of the local government; and

(b)the date when the local government 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 local government’s website must state—

(a)the name of the local government; and

(b)the date when the local government 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 local government’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 local government must ensure a copy of the local law may be inspected and purchased by the public at the local government’s public office.

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

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

(a)a copy of the notice; and

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

30   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.

31   Local law register

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

(2)The public may inspect the register at the local government’s public office.

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

32   Consolidated versions of local laws

(1)A local government may prepare and adopt a consolidated version of a local law.

(2)A consolidated version of a local law is a document that accurately combines a local government’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 local government 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 local government adopts the consolidated version of the local law, the local government must give a copy of the consolidated version to the Minister.

33   [Repealed]

Division 3 Local laws that can not be made

34   What this division is about

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

35   Network connections

(1)A local government 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.

36   Election advertising

(1)A local government 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.

37   Development processes

(1)A local government 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 government’s local law about any of the following matters unless the matter is covered by the local government’s planning scheme, the Planning Act or another instrument made under that Act—

(a)advertising devices;

(b)gates and grids;

(c)roadside dining.

37A   Regulation of sex work

(1)A local government 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.

38   Anti-competitive provisions

(1)A local government must not make a local law that contains an anti-competitive provision unless the local government 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.

38AA   Swimming pool safety

(1)A local government 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 local government—

(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

38AB   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 stated 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 stated in the gazette notice.

(5)If the Minister revokes the local law—

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

(b)if no day is stated 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 244 for more information.

Division 5 Miscellaneous

38A   Local law about seizing and disposing of personal property

(1)This section applies if—

(a)a local government 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.

38B   Owners’ liability for party houses

(1)A local government 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 the local government area.

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

Part 2    Beneficial enterprises and business activities

Division 1 Beneficial enterprises

39   What this division is about

(1)This division is about beneficial enterprises that are conducted by a local government.

(2)This division does not apply to a business unit of a local government.

(3)A beneficial enterprise is an enterprise that a local government considers is directed to benefiting, and can reasonably be expected to benefit, the whole or part of its local government area.

(4)A local government is conducting a beneficial enterprise if the local government is engaging in, or helping, the beneficial enterprise.

40   Conducting beneficial enterprises

(1)A local government may conduct a beneficial enterprise.

(2)To conduct the beneficial enterprise, the local government—

(a)may participate with an association, other than by being an unlimited partner of a partnership; and

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

(c)must not enter into an agreement that does not limit the liability of the local government, as between the parties to the agreement, to the amount committed by the local government under the agreement.

Note—

Under the Statutory Bodies Financial Arrangements Act 1982, a local government 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)A local government participates with an association or unlimited corporation if the local government—

(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.

41   Identifying beneficial enterprises

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

42   [Repealed]

Division 2 Business reform, including competitive neutrality

43   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 a local government.

(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 a local government 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 47.

44   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 local government, 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 a local government.

45   Identifying significant business activities

A local government’s annual report for each financial year must—

(a)contain a list of all the business activities that the local government 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.

46   Assessing public benefit

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

(2)The local government 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 local government 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 local government 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 local government, the local government 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 local government must give the Minister a copy of—

(a)the report; and

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

(9)If the local government decides not to apply the competitive neutrality principle in relation to the significant business activity, the local government 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.

47   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.

(3)A local government must apply the code of competitive conduct to the conduct of the following business activities of the local government—

(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 the local government area, that the local government 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 local government 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)A local government 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 local government 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 local government from applying the code of competitive conduct to any other business activities.

48   Competitive neutrality complaints

(1)A local government must adopt a process for resolving competitive neutrality complaints.

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

(a)relates to the failure of a local government 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 local government 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 local government; or

(b)a person who—

(i)wants to compete with the local government 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 local government.

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

(5)A local government does not have to resolve a competitive neutrality complaint relating to a business activity prescribed under a regulation.

Division 3 [Repealed]

49   [Repealed]

50   [Repealed]

51   [Repealed]

52   [Repealed]

53   [Repealed]

54   [Repealed]

55   [Repealed]

56   [Repealed]

57   [Repealed]

58   [Repealed]

Division 4 [Repealed]

58A   [Repealed]

58B   [Repealed]

Part 3    Roads and other infrastructure

Division 1 Roads

59   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 public thoroughfare easement.

60   Control of roads

(1)A local government has control of all roads in its local government area.

(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 a local government 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.

61   Notice of intention to acquire land to widen a road

(1)If a local government wants to acquire land in order to widen a road, the local government 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 62.

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

(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 local government to make, in good faith, a reasonable widening of the road.

(5)After a local government 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 local government’s permission.

(6)The local government 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.

62   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 local government 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 local government all the information that the local government reasonably requires to decide the claim.

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

63   Appeal on a claim for compensation

(1)A person who is aggrieved by the decision of a local government 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 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 a local government 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.

64   Acquisition of land instead of compensation

(1)After a notice of intention to acquire land is served, but before the land is sold, the local government 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 local government may acquire the land; and

(b)if required by the owner of the land, the local government 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.

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

(1)This section applies if a local government 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 a local government under a planning scheme in its application to particular developments in the local government area.

(3)The local government 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 local government 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 local government’s decision must inform the owners in general terms of this section and section 66.

66   Compensation if realignment not carried out

(1)This section applies if—

(a)a local government 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 local government 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 local government 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 local government’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.

67   Acquiring land for use as a footpath

(1)A local government 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 local government 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 local government’s right to enter, and make structural alterations to, the structure, room or cellar that the local government considers necessary.

68   Notice to local government 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 a local government area by someone other than the local government.

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

(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 local government is given the notice) on or before which the local government 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 local government.

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

(a)of the decision; and

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

69   Closing roads

(1)A local government 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 local government 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 local government must publish notice of the closing of the road, in the way that the local government considers appropriate (including on its website, for example).

(4)The local government 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 local government may permit the use of any part of the road (including for the erection of any structure, for example) on the conditions the local government considers appropriate.

70   Temporary roads

(1)This section applies if—

(a)a local government wants to remake or repair a road; and

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

(2)The local government 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 local government employee or contractor may enter the land only if—

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

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

(i)the nature of the roadworks 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 roadworks must be urgently conducted, but the local government 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 notice that claims compensation for physical damage caused by the local government 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 local government; or

(b)if the person and local government 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.

71   Road levels

(1)The owner or occupier of land that adjoins a road may give notice to the local government 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 local government has not, within 6 months after receiving the notice, given the owner or occupier written advice about the permanent level of the road, the local government 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 a local government has fixed the permanent level of a road, the local government 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 local government 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 local government; or

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

72   Assessment of impacts on roads from certain activities

(1)This section applies if—

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

(b)a local government considers that the conduct of the activity is having, or will have, a significant adverse impact on a road in the local government area; 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 local government’s planning scheme as assessable development for the Planning Act; or

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

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

(3)After assessing the impact of the activity on the road, the local government 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 local government 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 local government and may be recovered in a court.

(6)A regulation for this section—

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

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

73   Categorisation of roads

A local government must categorise the roads in its local government area according to the surface of the road.

74   Roads map and register

(1)A local government must prepare and keep up-to-date—

(a)a map of every road, including private roads, in its local government area; 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 local government considers appropriate.

(3)The public may inspect the map and register at the local government’s public office.

(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 local government who is authorised for the purpose—

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

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

75   Unauthorised works on roads

(1)This section applies to a road in a local government area.

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

(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 local government.

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

Maximum penalty—40 penalty units.

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

(a)dismantle or alter the works; or

(b)fix any damage caused by the works.

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

Division 2 Stormwater drains

76   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 local government’s stormwater drain.

77   Connecting stormwater installation to stormwater drain

(1)A local government may, by notice, require the owner of a property to connect a stormwater installation for the property to the local government’s 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 local government’s stormwater drain unless—

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

(b)the local government has given its approval for the connection.

Maximum penalty—165 penalty units.

(4)The local government 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 local government, the person must comply with the requirement or approval, unless the owner has a reasonable excuse.

Maximum penalty for subsection (5)—165 penalty units.

78   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)the stormwater drain of the local government.

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)the stormwater drain of the local government;

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)the stormwater drain of the local government;

the local government may, by 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 local government’s 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 local government’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.

79   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, sand, mud, straw and shavings

•metal, glass and plastics

•paper and plastic dishes, cups and milk containers

•rags, feathers, tar and wood

•whole blood, paunch manure, hair and entrails

•oil and grease

•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 local government 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 local government’s stormwater drain; and

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

Part 2    Integrity offences

This Act

150AW(1)	Protection from reprisal
150EM(2)	Dealing with prescribed conflict of interest at a meeting
150EY	Offence to take retaliatory action
171(1)	Use of information by councillors
201F	Prohibited conduct by councillor or councillor advisor in possession of inside information
234(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 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 [Repealed]

1   [Repealed]

5   [Repealed]

7   [Repealed]

CHAPTER 5    [Repealed]

PART 1    [Repealed]

266   [Repealed]

267   [Repealed]

268   [Repealed]

269   [Repealed]

270   [Repealed]

271   [Repealed]

PART 2    [Repealed]

272   [Repealed]

273   [Repealed]

274   [Repealed]

PART 3    [Repealed]

275   [Repealed]

276   [Repealed]

277   [Repealed]

278   [Repealed]

279   [Repealed]

280   [Repealed]

281   [Repealed]

PART 4    [Repealed]

282   [Repealed]

283   [Repealed]

PART 6    [Repealed]

Division 1 [Repealed]

289   [Repealed]

Division 2 [Repealed]

290   [Repealed]

291   [Repealed]

292   [Repealed]

293   [Repealed]

294   [Repealed]

295   [Repealed]

296   [Repealed]

297   [Repealed]

Division 3 [Repealed]

298   [Repealed]

299   [Repealed]

300   [Repealed]

Division 4 [Repealed]

301   [Repealed]

302   [Repealed]

303   [Repealed]

304   [Repealed]

305   [Repealed]

306   [Repealed]

307   [Repealed]

308   [Repealed]

309   [Repealed]

310   [Repealed]

311   [Repealed]

312   [Repealed]

313   [Repealed]

314   [Repealed]

315   [Repealed]

316   [Repealed]

316A   [Repealed]

Division 5 [Repealed]

317   [Repealed]

318   [Repealed]

Division 6 [Repealed]

319   [Repealed]

320   [Repealed]

321   [Repealed]

322   [Repealed]

323   [Repealed]

Division 7 [Repealed]

324   [Repealed]

325   [Repealed]

326   [Repealed]

327   [Repealed]

328   [Repealed]

329   [Repealed]

Division 8 [Repealed]

330   [Repealed]

331   [Repealed]

332   [Repealed]

333   [Repealed]

Division 9 [Repealed]

334   [Repealed]

335   [Repealed]

336   [Repealed]

337   [Repealed]

338   [Repealed]

339   [Repealed]

340   [Repealed]

341   [Repealed]

342   [Repealed]

Division 10 [Repealed]

343   [Repealed]

344   [Repealed]

345   [Repealed]

346   [Repealed]

346A   [Repealed]

347   [Repealed]

348   [Repealed]

349   [Repealed]

350   [Repealed]

351   [Repealed]

352   [Repealed]

353   [Repealed]

Division 11 [Repealed]

354   [Repealed]

355   [Repealed]

Division 12 [Repealed]

356   [Repealed]

Division 13 [Repealed]

357   [Repealed]

358   [Repealed]

359   [Repealed]

360   [Repealed]

361   [Repealed]

Division 14 [Repealed]

362   [Repealed]

363   [Repealed]

363A   [Repealed]

364   [Repealed]

365   [Repealed]

366   [Repealed]

367   [Repealed]

368   [Repealed]

369   [Repealed]

370   [Repealed]

Division 15 [Repealed]

371   [Repealed]

372   [Repealed]

373   [Repealed]

374   [Repealed]

375   [Repealed]

376   [Repealed]

377   [Repealed]

378   [Repealed]

379   [Repealed]

380   [Repealed]

381   [Repealed]

382   [Repealed]

Division 16 [Repealed]

Subdivision 1 [Repealed]

383   [Repealed]

385   [Repealed]

386   [Repealed]

387   [Repealed]

388   [Repealed]

389   [Repealed]

390   [Repealed]

391   [Repealed]

Subdivision 2 [Repealed]

392   [Repealed]

392A   [Repealed]

392B   [Repealed]

393   [Repealed]

394   [Repealed]

Subdivision 3 [Repealed]

395   [Repealed]

396   [Repealed]

397   [Repealed]

398   [Repealed]

399   [Repealed]

400   [Repealed]

401   [Repealed]

402   [Repealed]

403   [Repealed]

404   [Repealed]

405   [Repealed]

406   [Repealed]

Subdivision 4 [Repealed]

407   [Repealed]

PART 7    [Repealed]

408   [Repealed]

409   [Repealed]

410   [Repealed]

411   [Repealed]

412   [Repealed]

413   [Repealed]

PART 8    [Repealed]

Division 1 [Repealed]

413A   [Repealed]

414   [Repealed]

415   [Repealed]

416   [Repealed]

417   [Repealed]

417A   [Repealed]

Division 2 [Repealed]

Subdivision 1 [Repealed]

418   [Repealed]

419   [Repealed]

420   [Repealed]

421   [Repealed]

422   [Repealed]

Subdivision 2 [Repealed]

423   [Repealed]

423A   [Repealed]

424   [Repealed]

425   [Repealed]

Division 3 [Repealed]

Subdivision 1 [Repealed]

426   [Repealed]

Subdivision 1A [Repealed]

427   [Repealed]

427A   [Repealed]

428   [Repealed]

428A   [Repealed]

428B   [Repealed]

428C   [Repealed]

429   [Repealed]

Subdivision 2 [Repealed]

430   [Repealed]

430A   [Repealed]

431   [Repealed]

Subdivision 3 [Repealed]

432   [Repealed]

Subdivision 4 [Repealed]

432A   [Repealed]

432B   [Repealed]

Division 4 [Repealed]

433   [Repealed]

434   [Repealed]

435   [Repealed]

435A   [Repealed]

435B   [Repealed]

435C   [Repealed]

435D   [Repealed]

435E   [Repealed]

436   [Repealed]

437   [Repealed]

438   [Repealed]

439   [Repealed]

440   [Repealed]

Division 6 [Repealed]

441   [Repealed]

PART 9    [Repealed]

Division 2 [Repealed]

441B   [Repealed]

Division 3 [Repealed]

441C   [Repealed]

441D   [Repealed]

441E   [Repealed]

441F   [Repealed]

1077A   [Repealed]

Schedule 4 Dictionary

section 6

1936 Act means the repealed Local Government Act 1936.

1993 Act means the repealed Local Government Act 1993.

2020 quadrennial election means the quadrennial election for 2020.

accumulation benefit member ...

adopt, by a local government, means adopt by resolution of the local government.

advice guidelines ...

advisor see section 117.

affected person, for chapter 5A, part 4A, see section 150COA.

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.

applicant, for chapter 5A, part 4A, see section 150CR(1).

appropriately qualified, in relation to 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)for chapter 5A, a form approved by the assessor under section 150EC; or

(b)otherwise, a form approved by the department’s chief executive under section 266.

approved inspection program see section 133(2).

assessor see section 150C.

auditor-general ...

authorised officer means a person who holds office under section 204D.

authorised person means a person who holds office under section 202.

beginning of the local government’s term see section 161(3).

behavioural standard, for chapter 5A, see section 150C.

beneficial enterprise see section 39.

Brighter Super means the superannuation scheme continued in existence under section 217.

Brighter Super Trustee means the board continued in existence under section 208.

Building Act means the Building Act 1975.

building certifying activity see section 47(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 a local government, means trading in goods and services by the local government.

business unit, of a local government, is a part of the local government that conducts a business activity of the local government.

caretaker period, for a local government, see section 90A(1).

casual commissioner means—

(a)in relation to the change commission—a person appointed as a casual commissioner of the change commission under section 23(2); or

(b)in relation to the remuneration commission—a person appointed as a casual commissioner of the remuneration commission under section 180(2).

casual member, in relation to the conduct tribunal, means a person appointed to be a casual member of the conduct tribunal under section 150DN(1)(c).

cause detriment to a local government—

1

To cause detriment to a local government 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 a local government does not include—

(a)merely embarrassing the council; or

(b)merely causing disagreement between councillors.

CCC ...

chairperson means—

(a)in relation to the grants commission—the person appointed to be the chairperson of the grants commission under section 231; or

(b)in relation to the remuneration commission—the person appointed to be the chairperson of the remuneration commission under section 180(1).

change commission see section 22.

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

chief executive officer means a person who holds an appointment under section 194.

chosen fund, for chapter 7, part 2, see section 216A.

close associate, of a councillor, see section 150EJ.

code of competitive conduct see section 47.

commercialisation, of a significant business activity, see section 44(2).

commissioner, in relation to the remuneration commission, means—

(a)the chairperson of the remuneration commission; or

(b)a casual commissioner of the remuneration commission.

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

community forum see section 87(2).

component local government see section 25A(4).

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

conduct, for chapter 5A, see section 150C.

conduct breach, for chapter 5A, see section 150K.

conduct provision, for chapter 5A, see section 150AY.

conduct tribunal see section 150DK.

conflict of interest ...

consolidated version, of a local law, see section 32.

contractor, of a local government, means—

(a)a person who provides services under a contract with the local government; 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 ...

corporatisation ...

corrupt conduct see the Crime and Corruption Act 2001, section 15.

cost-recovery fee see section 97(2).

councillor, of a local government, includes the mayor.

councillor advisor see section 197A(1).

councillor conduct register see section 150DX(1).

court means a court of competent jurisdiction.

Crime and Corruption Act ...

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.

decision-maker see section 212(2).

declarable conflict of interest see sections 150EN and 150EO.

defined benefit category, for chapter 7, part 2, see section 216A.

defined benefit member, for chapter 7, part 2, see section 216A.

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

deputy chairperson, in relation to the grants commission, means the person appointed as the deputy chairperson of the grants commission under section 231.

deputy electoral commissioner means the deputy electoral commissioner under the Electoral Act.

deputy president, of the conduct tribunal, means the person appointed as the deputy president of the conduct tribunal under section 150DN(2).

discretionary funds see section 109(2).

disqualifying offence see section 153(6).

distribute 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.

division, of a local government area, see section 8(3).

drafting certificate ...

drafting standards ...

elect includes re-elect.

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.

electronic document ...

eligible councillor, for a matter at a local government 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.

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.

expired conviction means a conviction—

(a)for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired; and

(b)that is not revived as prescribed by section 11 of that Act.

final part of the local government’s term see section 161(5).

financial controller see section 118.

financial management documents ...

Forestry Act means the Forestry Act 1959.

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

full cost pricing, of a significant business activity, see section 44(3).

full-time government job see section 168(3).

fund, for chapter 7, part 2, see section 216A.

general power, for chapter 5A, see section 150BU.

gift includes—

(a)a gift under the Local Government Electoral Act, 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 see section 228(1).

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

head of a local government ...

help requirement, for chapter 5A, see section 150BV(1).

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, schedule 2.

identity card of a person means a card that—

(a)identifies the person as an investigator, authorised person, local government 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 ...

indigenous local government means—

(a)the local government for the following local government areas—

•Cherbourg

•Doomadgee

•Hope Vale

•Kowanyama

•Lockhart River

•Mapoon

•Napranum

•Palm Island

•Pormpuraaw

•Woorabinda

•Wujal Wujal

•Yarrabah; or

(b)an indigenous regional council.

indigenous regional council means—

(a)the Northern Peninsula Area Regional Council; or

(b)the Torres Strait Island Regional Council; or

(c)an indigenous regional council prescribed under a regulation.

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

Industrial Relations Act means the Industrial Relations Act 2016.

information notice, for a decision, means a notice that states the following information—

(a)the decision;

(b)the reasons for the decision;

(c)the rights of review under this Act for the decision;

(d)how, and the period within which, a review under this Act for the decision may be started;

(e)how a stay of the operation of the decision may be applied for under this Act.

insolvent under administration ...

interest means a financial or other interest.

interim administrator means a person appointed by the Governor in Council under section 123 to act in place of the councillors of a local government.

interim development control provision ...

interim local law see section 26(4).

internal review, for chapter 5A, part 4A, see section 150CO.

investigation policy, of a local government, for chapter 5A, see section 150AE(1).

investigation report, for chapter 5A, see section 150C.

investigator means a person who holds office under chapter 5A as an investigator.

joint government activity see section 10(2).

joint local government see section 25A(2).

joint local government area see section 25A(3).

judicial review is a review under the Judicial Review Act.

Judicial Review Act is 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.

LG super scheme ...

loan includes—

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

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

local government—

(a)for chapter 5, part 1—see section 113A(1); or

(b)for chapter 5A—see section 150C; or

(c)for chapter 6, part 7—see section 204G; or

(d)for chapter 7, part 2—see section 216A; or

(e)generally—see section 8(1).

Local Government Act means a law under which a local government performs the local government’s responsibilities, including for example—

(a)this Act; and

(b)a local law; and

(c)the Building Act; and

(d)the Planning Act; and

(e)a planning scheme; and

(f)the Plumbing and Drainage Act; and

(g)the Water Act 2000; and

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

local government area see section 8(2).

local government change see section 17(2).

Local Government Electoral Act means the Local Government Electoral Act 2011.

local government employee means—

(a)the chief executive officer; or

(b)a person holding an appointment under section 196.

local government entity, for chapter 7, part 2, see section 216A.

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

local government meeting means a meeting of—

(a)a local government; or

(b)a committee of a local government.

local government official, for chapter 5A, see section 150C.

local government principles means the principles expressed in the form of outcomes set out in section 4(2).

local government worker see section 138(4).

local law see section 26(2).

long-term asset management plan ...

long-term community plan ...

long-term financial plan ...

major policy decision, for a local government, means a decision—

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

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

(c)to terminate the employment of the chief executive officer of the local government; 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 local government’s net rate and utility charges as stated in the local government’s audited financial statements included in the local government’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 local government’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 local government’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 ...

member means—

(a)in relation to the grants commission—the chairperson, deputy chairperson or another person appointed as a member of the grants commission under section 231; or

(b)in relation to the conduct tribunal—the president or a casual member of the conduct tribunal.

middle of the local government’s term see section 161(4).

mining claim means a mining claim to which the Mineral Resources Act 1989 applies.

misconduct, for chapter 5A, see section 150L.

model local law see section 26(8).

model procedures, for chapter 5A, see section 150F.

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 means a written notice.

notice of intention to acquire land see section 61(2).

occupier—

(a)of a place, for chapter 5A, includes—

(i)if there is more than 1 person who apparently occupies the place—any of the persons; and

(ii)a person at the place who is apparently acting with the authority of a person who apparently occupies the place; and

(iii)if no person apparently occupies the place—a person who is an owner of the place; or

(b)of property, other than for chapter 5A, see section 125(6).

of, a place, for chapter 5A, includes at or on the place.

offence warning, for a direction or requirement by an investigator under chapter 5A, means a warning that, without a reasonable excuse, it is an offence for the person to whom the direction is given, or of whom the requirement is made, not to comply with it.

ordinary business matter ...

original decision, for chapter 5A, part 4A, see section 150COA.

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 a thing that has been seized under chapter 5A, includes a person who would be entitled to possession of the thing had it not been seized.

owner of land—

(a)means—

(i)a registered proprietor of freehold land; or

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

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

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

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

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

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

(viii)a lessee of land under any of the following Acts—

•the Geothermal Energy Act 2010

•the Greenhouse Gas Storage Act 2009

•the Petroleum Act 1923

•the Petroleum and Gas (Production and Safety) Act 2004; or

(ix)a lessee of land held from a government entity or local government; or

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

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

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

(xiii)a licensee under the Land Act; or

(xiv)for land on which there is a structure subject to a time share scheme—the person notified to the local government concerned as the person responsible for the administration of the scheme as between the participants in the scheme; or

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

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

(b)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 ...

permanent employee, for chapter 7, part 2, see—

(a)for a local government (other than the Brisbane City Council) or a local government entity—section 216B; or

(b)for the Brisbane City Council—section 216C.

place, for chapter 5A, includes—

(a)premises; and

(b)vacant land; and

(c)a place in Queensland waters; and

(d)a place held under more than 1 title or by more than 1 owner; and

(e)the land or water on which a building or other structure, or a group of buildings or other structures, is situated.

Planning Act means the Planning Act 2016.

planning and accountability documents ...

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 ...

premises, for chapter 5A, includes—

(a)a building or other structure; and

(b)a part of a building or other structure; and

(c)a caravan or vehicle; and

(d)a cave or tent; and

(e)premises held under more than 1 title or by more than 1 owner.

prescribed conflict of interest see section 150EG, 150EH or 150EI.

president, of the conduct tribunal, means the person appointed as the president of the conduct tribunal under section 150DN(1).

private property see section 125(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 a local government, see section 261.

public place, for chapter 5, part 2, division 1, see section 125(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 that is declared under a regulation to be a public utility.

publicly available means available for inspection by the public at a local government’s public office and on its website.

QCAT information notice means a notice complying with the QCAT Act, section 157(2).

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

Queensland Contact with Lobbyists Code ...

rateable land see section 93(2).

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

real conflict of interest ...

reasonable entry notice see section 138AA(3).

reasonable proportion of electors see section 15(2).

reasonably believes means believes on grounds that are reasonable in the circumstances.

reasonably satisfied means is satisfied on grounds that are reasonable in the circumstances.

reasonably suspects means suspects on grounds that are reasonable in the circumstances.

referral notice, for chapter 5A, see section 150AC.

regional conduct review panel ...

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 5A—

(a)to a councillor—see section 201A(3); or

(b)to a councillor advisor—see section 201A(4).

related party, of a councillor, see section 150EP.

relevant fund, for chapter 7, part 2, see section 216A.

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.

relevant trustee, for chapter 7, part 2, see section 216A.

remedial action see section 113(2).

remedial notice see section 138AA(1).

remuneration category means a remuneration category prescribed under a regulation.

remuneration commission see section 176.

resolution, of a local government, means the formal decision of the local government at a local government meeting.

responsibility includes a function.

review decision, for chapter 5A, part 4A, see section 150CQ(2).

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 59(2).

roads activity see section 47(5).

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 executive employee, of a local government, means an employee of the local government—

(a)who reports directly to the chief executive officer; and

(b)whose position ordinarily would be considered to be a senior position in the local government’s corporate structure.

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 43(4).

spent conviction ...

standing committee, of a local government, means a committee of its councillors that meets to discuss the topic decided by the local government when establishing the committee.

State-controlled road has the meaning given in the Transport Infrastructure Act.

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.

stormwater drain see section 76(2).

stormwater installation see section 76(3).

structure means anything that is built or constructed, whether or not it is attached to land.

superannuation contributions, for chapter 7, part 2, see section 216A.

subordinate local law see section 26(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).

time share 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 means a trust deed made by Brighter Super Trustee.

trustee council see section 82(2).

trust land see section 82(3).

unsuitable meeting conduct, for chapter 5A, see section 150H.