Local Government Act Amendment Act 1968 (Qld)

258 (1^u^ert^l^tn^t ANNO SEPTIMO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 34 of 1968 An Act to Amend The Local Government Acts 1936 to 1967 in certain particulars [ASSENTED TO 19TH NOVEMBER, 1968] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Local Government Act Amendment Act 1968. (2) The Local Government Act of 1936 as heretofore amended is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may ue collectively cited as the Local Government Act 1936-1968. 2. Amendment of s. 1. Section I of the Principal Act is amended by omitting subsection (3) and inserting in its stead the following subsection:- (3) This Act is divided into Parts as follows:- PART I-PRELIMINARY-- Section 1 -Short Title and Commencement and Divisions of Act, Section 2-Repeals and Savings, Section 3-Interpretation and definitions;

2 Local Government Act Annenthnent Act 1968, No. 34 259 PART II- POWERS OF CENTRAL GOVERNMENT- Section 4 -Powers of Central Government, Section 4A-Appointment of Director, Section 4B-Minister may on behalf of Local Authority undertake certain works, Section 4c-Recovery of costs, &c., incurred by Minister; PART III-AREAS- Section 5-Areas; PART IV--CONSTITUTION OF LOCAL AUTHORITIES- Section 6-Constitution of Local Authorities, Section 7-Oualifncation and Election of Clia;*:-man and Members, Section 8-New Elections, Section 9-Ouster from. Office; PART V-CHAIRMAN- Section 10 -Election of Deputy Chairman, Section 1 I-Powers and Duties of Chairman, Section 12 -Powers and Duties of Acting Chairman, Section 13 - Allowance to Chairman; PART VI-PROCEEDINGS- Section 14 -Meetings, Section 15 - Committees, Section 16-Records, Section 16A-Form in which Local Authority may keep accounts and records, Section 17-Officers, Section 17A-Payment of officers or employees when absent from dirty on service with the Naval, Military or Air forces; PART VII-PUBLIC OFFICE OF LOCAL AUTHORITY- Section 18-Public Office of Local Authority; PART VIII-CONTRACTS- Section 19-Contracts, Section 19A-Insurance of Members, Section 19B-Local Authority may contract to construct works for Crown, &c.; PART IX-JOINT LOCAL AUTHORITY- Section 20-Joint Local Authority; PART X-FINANCE- Section 21-Rates and Chat-es-Power to Make and Lery Rates and to Impose Fees, Charges, Fares, Rents and Dues; Section 22 -Borrowing, Section 23 -Funds, Section 23A-Long service leave payments reserve fund, Section 23B -Short term investments, Section 24-Rules of Valuation-Rateable Laml, Section 25-Budget, Section 26 - Rate Books, Section 27 -Levy and Recovery of Rates and Recover,, of Charges -Levy of Rates,

260 Local Government Act Amendment Act 1968, No. 34 3 Section 28-Raising Loans, Section 29-Accounts and Audit, Section 29A-Duty of Local Authority with respect to money, &c., unaccounted for; PART XI-FUNCTIONS AND POWERS OF LOCAL GOVERNMENT- GENERAL Section 30-Functions of Local Government, Section 31-General Powers as to By-laws, Section 31 A-Implied by-law respecting dumping of refrigerators, &c., Section 32-Miscellaneous General Powers and Duties; Specific Powers and Duties Section 33-Town Planning, Section 33A-Power to restrict use of land in Areas in respect whereof a town planning scheme is not in force, Section 34-Subdivision of Land, Section 34A-When subdivisions of less than minimum area may be redivided, Section 35-Classjcation of roads, Section 36-Sewerage, Section 37-Storm Water drainage, Section 38-Sanitation, Section 39-Buildings, Section 40-Places of Public Amusement or Public Resort, Section 41-Noxious Weeds and Plants and Pests, Section 42-Establishment and Management of'Pounds, Section 42A-Impoundings by Private Persons, Section 42s-Local Authority Seizure and Impoundings, Section 42c-Appeals, Section 42D-Offences and General Provisions, Section 43-Ferries, Section 44-Wharves, Quays, Jetties, and Landing Places, Section 45-Public Reserves, Section 45A-Declaration of bathing reserve under control of Local Authority, Section 46-Reclamation of Land, Section 47-Agricultural Drainage, Section 48-Undertaking Provisions, Section 49-Tramways, Section 49A-Power to establish and maintain licensed victualler's premises as functions of'Local Government, Section 49B-Housing a function of Local Government, Section 49c-Power to provide harbours for small vessels as a function of Local Government. Section 49D-Hostels for school children, Section 49E-Official traffic signs and regulated parking, Section 49F-Provision of off-street parking stations, Section 50-Powers for Execution of this Act, Section 51-Compensation, Section 52-Legal Proceedings;

4 Local Government Act Amendment Act 1968, No. 34 261 PART XII-POLLS- Section 53 -Poll of electors on certain questions; PART XIII-LOCAL AUTHORITIES ASSOCIATION OF QUEENSLAND- Section 54 - Incorporation of Local Authorities Association; PART XIV-TRANSITION PROVISIONS- Section 55 - Transition Provisions.". 3. Amendment of s. 7. Section 7 of the Principal Act is amended by adding at the end of subsection (6) the following paragraph:- " (iv) Where elections under or for the purposes of this Act are held simultaneously, no person shall be entitled to vote in respect of more than one. Area notwithstanding that his name is on, or that he is entitled to be enrolled on, more than one voters' roll." 4. Amendments of s. 21. (1) Section 21 of the Principal Act is amended by in subsection (8)- (a) in paragraph (b) of subparagraph (C) of paragraph (i), omitting the words "may by by-law determine" and inserting in their stead the words " may by resolution determine "; (b) in subparagraph (D) of paragraph (i), omitting the words " may by by-law determine " and inserting in their stead the words " may by resolution determine "; (c) in the proviso to paragraph (ii), omitting the words "shall by by-law " and inserting in their stead the words " shall by resolution "; and (d) omitting paragraph (iv). (2) Where immediately before the commencement of this Act there was in force- (a) any determination by by-law of the basis or the several bases upon which any water charge might have been made and levied under paragraph (i) of subsection (8) of section 21 of the Principal Act; or (b) any definition by by-law of the scale or principle of assessing the amount of any water rate or charge that might have been made and levied under paragraph (ii) of subsection (8) of section 21 of the Principal Act, that determination or definition, as the case may be, shall-- (c) continue in force; (d) be deemed to have been made by the Local Authority by resolution under that subsection as amended by this Act; and (e) apply for the purposes of the provision under which it was made as amended by this Act, until rescinded by the Local Authority by resolution or until the Local Authority makes another determination or, as the case may be. definition for the purposes of that provision as so amended. 5. Amendment of s. 23. Section 23 of the Principal Act is amended by omitting in subparagraph (a) of paragraph (i) of subsection (10) the words " by by-law "

262 Local Government Act Amendment Act 1968, No. 34 6. Amendments of s. 26 . (1) Section 26 of the Principal Act is amended by in subsection (7)- (a) omitting the words " fixed for the time being by by-law " and inserting in their stead the words " fixed in each year by resolution "; and (b) omitting, where secondly occurring, the words " by by-law ". (2) The amount of the fee fixed by a by-law made pursuant to subsection (7) of section 26 of the Principal Act and in force immediately before the commencement of this Act shall on and from that commencement be deemed to have been fixed by the Local Authority by resolution for the purposes of subsection (7) of section 26 of the Local Government Act 1936-1968 and shall continue to be the amount of the fee firstly referred to in that subsection until rescinded by the Local Authority by resolution or the Local Authority firstly fixes that amount by resolution. 7. Amendments of s. 29 . (1) Section 29 of the Principal Act is amended by in paragraph (iv) of subsection (3)- (a) omitting the words "fixed for the time being by by-law" and inserting in their stead the words " fixed in each year by resolution "; and (b) omitting, where secondly occurring, the words " by by-law ". (2) The amount of the sum fixed by a by-law made pursuant to paragraph (iv) of subsection (3) of section 29 of the Principal Act and in force immediately before the commencement of this Act shall on and from that commencement be deemed to have been fixed by the Local Authority by resolution for the purposes of paragraph (iv) of subsection (3) of section 29 of the Local Government Act 1936-1968 and shall continue to be the amount of the sum firstly referred to in that paragraph until rescinded by the Local Authority by resolution or the Local Authority firstly fixes that amount by resolution. 8. Amendment of s. 30. Section 30 of the Principal Act is amended by inserting after the fifth last paragraph (being the paragraph beginning with the words " The Local Authority may take any land ") the following paragraph:- " The power of the Local Authority to take land includes power to take land outside its Area that is required by it for the purpose of any function of local government." 9. Amendment of s. 31. Section 31 of the Principal Act is amended by omitting from provision (1) the words " six hundred dollars " and inserting in their stead the words " one thousand dollars ". 10. Amendment of s. 32 . Section 32 of the Principal Act is amended by adding at the end the following subsection:- " Unclaimed Goods and Chattels (15) Unclaimed Goods and Chattels . (a) Any goods and chattels coming into the possession of the Local Authority by reason of having been left or abandoned on land owned by the Local Authority or under its control may, subject to this subsection, be sold or otherwise disposed of by the Local Authority.

6 Local Government Act Amendment Act 1968, No. 34 263 (b) In the case of goods and chattels (not being of a perishable nature) to which this subsection applies that are unclaimed for a period of six months, the Local Authority may sell the same by public auction of which notice complying with the requirements of paragraph (c) of this subsection has been published in the manner specified in that paragraph. (c) A notice referred to in paragraph (b) of this subsection shall contain a sufficient description of the goods and chattels to be sold, the date and place of sale and the name and principal place of business of the auctioneer (if any) by whom the goods and chattels are to be sold and shall be published in a newspaper once within the period beginning not more than fourteen days and ending not less than seven days before the date of the proposed sale. (d) In the case of goods and chattels of a perishable nature to which this subsection applies such goods and chattels may be disposed of in such manner as the clerk may direct. (e) Where the goods and chattels are, in the opinion of the Local Authority unsaleable, such goods and chattels may be disposed of in such manner as the Local Authority directs. (f) For the purposes of paragraph (e) of this subsection, but without in any wise limiting the effect of that paragraph, goods and chattels shall be deemed to be unsaleable if they have been offered for sale by public auction and no bid has been received for the same. (g) Every sale or disposal otherwise of goods and chattels under this subsection shall confer an absolute title upon the purchaser or, as the case may be, the recipient under the disposal. (h) The proceeds of the sale or disposal otherwise of goods and chattels under this subsection shall be applied in defraying the costs, expenses, commission and fees incidental to the sale or disposal and the surplus then remaining shall, unless claimed before the expiration of the period of twelve months beginning with the date of the sale or disposal, be paid into the general fund. (i) If a claimant makes a demand upon the Local Authority for any moneys being the surplus of the proceeds of the sale or disposal otherwise of goods and chattels under this subsection, the Local Authority, upon being satisfied that the claimant is entitled to the moneys demanded by him, may pay the same to him and where the surplus of the said proceeds have been paid to the general fund, the Local Authority may make the payment out of that fund. (j) If any moneys paid to a claimant by the Local Authority pursuant to paragraph (i) of this subsection are afterwards claimed by any other person, the Local Authority shall not be responsible for the payment of the same but such person may have recourse against the claimant to whom the Local Authority has paid the moneys." 11. Amendments of s. 33. Section 33 of the Principal Act is amended by- (a) in subsection 16, omitting the second and last paragraph (being the paragraph beginning with the words " He may institute the appeal "); (b) in subparagraph (iii) of paragraph (a) of subsection (17), inserting after the words " subsection (15) of this section" the words " or a by-law (whether made before or after the commencement of the Local Government Act Amendment Act 1968) whereby provision is made

264 Local Government Act Amendment Act 1968, No. 34 7 in respect of regulating and controlling the use of land and the erection or use of buildings or other structures on land in an Area or part of an Area to be included within a town planning scheme pending the coming into force of the scheme "; and (c) in paragraph (a) of subsection (18)- (i) omitting the first subparagraph (being the subparagraph beginning with the words " Where under a town planning scheme ") and inserting in its stead the following subparagraph:- Where- (i) under a town planning scheme any building or other structure may be erected or used for any purpose on land in any zone only with the consent of the Local Authority or land in any zone may be used for any purpose only with the consent of the Local Authority; or (ii) under a by-law (whether made before or after the commencement of the Local Government Act Amendment Act 1968) whereby provision is made in respect of regulating and controlling the use of land and the erection or use of buildings or other structures on land in an Area or part of an Area to be included within a town planning scheme pending the coming into force of the scheme, any building or other structure may be erected or used for any purpose on land only with the consent of the Local Authority or land may be used for any purpose only with the consent of the Local Authority, then, whether or not the scheme or by-law provides for the advertisement for objections to the application to erect or use such building or other structure or to use such land for such purpose, the Local Authority, before deciding such application, shall cause public notice to be given of the application by advertisement published at least once in a newspaper and by posting a copy of the advertisement on the land in question."; and (ii) in the second subparagraph (being the subparagraph beginning with the words " The copy of the advertisement ") omitting the words " Town Clerk " and inserting in their stead the word " clerk ". 12. Amendment of s. 34. Section 34 of the Principal Act is amended by inserting after subsection (8) the following subsection:- " (8A) If, at any time, the Minister is of opinion that the Local Authority has failed- (a) to observe in any respect an agreement in connexion with the subdivision of land entered into pursuant to the by-laws between the Local Authority and a person who is or was the applicant for the subdivision in question; or (b) to expend in accordance with the by-laws any moneys that are paid to the Local Authority in connexion with the subdivision of land to be expended by it towards the provision of public garden and recreation space in respect of' the land the subject of the subdivision in question, the Minister may give to the Local Authority any such orders and directions as he deems necessary to ensure the observance by the Local Authority of the agreement or, as the case may be, the expenditure of the moneys in accordance with the by-laws. The Local Authority shall, within such time as the Minister may specify, carry out to the satisfaction of the Minister the requirements of such orders and directions.".

8 Local Government Act Amendment Act 1968, No. 34 265 13. Amendment of s. 35. (1) Section 35 of the Principal Act is amended by in paragraph (iv) of subsection (22) omitting the words "prescribed by by-law " and inserting in their stead the words "fixed in each year by resolution of the Local Authority ". (2) The amount of the annual fee fixed by a by-law made pursuant to paragraph (iv) of subsection (22) of section 35 of the Principal Act and in force immediately before the commencement of this Act shall on and from that commencement be deemed to have been fixed by the Local Authority by resolution for the purposes of paragraph (iv) of subsection (22) of section 35 of the Local Government Act 1936-1968 and shall continue to be the amount of the annual fee referred to in that paragraph until rescinded by the Local Authority by resolution or the Local Authority firstly fixes that amount by resolution. 14. Amendments of s. 42. (I) Section 42 of the Principal Act is amended by in subsection (3)-- (a) omitting from the first paragraph (being the paragraph beginning with the words " The Local Authority of an Area ") the words ", and the fees to be charged in respect thereof " and inserting in their stead the words ". The fees to be charged in respect of the pound shall be those fixed in each year by resolution of the Local Authority of the Area "; and (b) omitting from the second and last paragraph (being the paragraph beginning with the words " The damages and driving ") the words " prescribed by by-laws " and inserting in their stead the words " fixed in each year by resolution of the Local Authority ". (2) The amounts of the fees, damages and charges respectively referred to in subsection (3) of section 42 of the Principal Act prescribed by an applicable by-law made pursuant to that subsection and in force immediately before the commencement of this Act shall on and from that commencement be deemed to have been fixed by the Local Authority by resolution for the purposes of subsection (3) of section 42 of the Local Government Act 1936-1968 and shall continue to be the amounts of the fees, damages and charges respectively referred to in that subsection until rescinded by the Local Authority by resolution or the Local Authority firstly fixes those amounts respectively by resolution. 15. Amendment of s. 42A. (I) Section 42A of the Principal Act is amended by in subparagraph (i) of subsection (1) omitting the words " prescribed in that behalf by the by-laws of the Local Authority " and inserting in their stead the words " fixed in that behalf in each year by resolution of the Local Authority ". (2) The scale of damage and charges referred to in subparagraph (i) of subsection (I) of section 42A of the Principal Act prescribed in that behalf by a by-law made pursuant to that subparagraph and in force immediately before the commencement of this Act shall on and from that commencement be deemed to have been fixed by the Local Authority by resolution for the purposes of subparagraph (i) of subsection (I) of section. 42A of the Local Government Act 1936-1968 and shall continue to be the scale referred to in that subparagraph until rescinded by the Local Authority by resolution or the Local Authority firstly fixes that scale by resolution. 16. Amendment of s. 42B. Section 42B of the Principal Act is amended by in subsection (5) omitting the words " by by-law of" and inserting in their stead the words " under this Act by

266 Local Gorernment Act Anrenclnrent Act 1968, No. 34 9 17. Amendment of Third Schedule . The Third Schedule to the Principal Act is amended by in subrule (1) of rule 6 omitting the words " the sum of five pounds " where appearing in the third and last paragraph and inserting in their stead the words " the sum of forty dollars ".