Local Government Act Amendment Act 1971 (Qld)

917 (1, lugu slaxtbr ANNO VICESIMO ELIZABETHAE SECUNDAE REGINAE No. 74 of 1971 An Act to Amend the Local Government Act 1936-1971 in certain particulars (ASSENTED TO 20TH DECEMBER, 1971] 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 1971. (2) The Local Government Act 1936-1971 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Local Government Act 1936-1971. 2. Commencement of Act. This Act shall come into operation on a date appointed by the Governor by Proclamation published in the Gazette. 3. Amendment of s. 1 . Section 1 of the Principal Act is amended by, in subsection (3), inserting after the reference " Section 15- Committees," the reference " Section 15A-Payments to Members,".

918 Local Government Act Amendment Act 1971, No. 74 4..Amendment of s. 3. Section 3 of the Principal Act is amended by, in subsection (1), in the definition " owner "- (a) inserting after the word 66 claim " where it occurs in subparagraph (i) of paragraph (c), the words 66 [other than a restricted mining claim, an alluvial mineral claim or a special gem claim] "; (b) omitting the words " [other than a dredging claim] " where they occur in subparagraph (ii) of paragraph (c), and inserting in their stead the words" [other than a dredging claim, a restricted mining claim, an alluvial mineral claim or a special gem claim] ". 5. Amendment of s. 4 . Section 4 of the Principal Act is amended by, in subsection (2), inserting after subparagraph (1) of paragraph (i) the following subparagraphs:- 46 . , (m) Providing for, regulating and controlling the receipt of moneys by agents of the Local Authority; (n) Regulating and controlling the establishment, keeping and closure of the maintenance reserve fund and ensuring the proper and efficient use of that fund for the purpose for which it is established ". 6. Amendment of s. 7. Section 7 of the Principal Act is amended by- (a) in subsection (2), (i) omitting the expression " (i) Is concerned or participates in the profit of any contract with the Local Authority; or "; (ii) omitting the expression " (except as hereinafter provided) " where it occurs in subparagraph (ii); (iii) omitting all words occurring after the words " capable of being or continuing a " and inserting in their stead the word " member."; (b) in subsection (10), adding to paragraph (ii) the following paragraph:- " The election shall be held on a Saturday to be appointed by the returning officer, within two months after the occurrence of the vacancy.", 7. New s. 15A. (1) The Principal Act is amended by inserting after section 15 the following heading and section:- 46 PAYMENTS TO MEMBERS 15A. Payments to members . Without derogating from the provisions of section 13 of this Act, the Local Authority may pay to a member such fees as it fixes from time to time by resolution and expenses necessarily incurred, in respect of any attendance at- (i) meetings and committee meetings of the Local Authority and inspections authorised by it; (ii) deputations and conferences where attendance is authorised by the Local Authority; (iii) in the case of a member who is also the member, representative of the Local Authority or a group of Local Authorities in which it is comprised, of a Fire Brigade Board constituted under the Fire Brigades Act 1964-1971, meetings of that Board.

Local Government Act Amendment Act 1971, No. 74 919 The aggregate of payments by way of fees only to a member under this section for attendance at meetings, committee meetings, inspections, deputations and conferences of or on behalf of the Local Authority, other than meetings referred to in subparagraph (iii) of the preceding paragraph shall not exceed $1,000 in any year.". (2) The amount of any fee fixed by by-law of the Local Authority under and for the purposes of provision (1) of section 31 of the Principal Act, and in force immediately prior to the commencement of this Act, shall on and from that commencement continue to be the amount of that fee until the Local Authority by further by-law repeals that by-law (it being hereby empowered so to do) or fixes that amount by resolution made for the purposes of section 15A of the Principal Act. 8. Amendment of s. 19. Section 19 of the Principal Act is amended by- (a) in subsection (2), (i) omitting paragraph (a) and inserting in its stead the following paragraph: " (a) Subject to paragraph (b) of this subsection a Local Authority may enter into a contract for the discharge of a function of local government, under which it is agreed that moneys due may be paid by instalments extending over a period of time."; (ii) omitting paragraph (b) and inserting in its stead the following paragraph:- (b) The Local Authority shall not enter into a contract under paragraph (a) of this subsection (in this paragraph (b) called " the firstmentioned contract ")- (i) if the amount of the payments in any year (whether the year in which it is proposed to enter into the firstmentioned contract or a later year) necessary in respect of the firstmentioned contract; or (ii) where another contract under paragraph (a) of this subsection is subsisting in the year in which it is proposed to enter into the firstmentioned contract and payments from the proper fund are payable in respect of that other contract, if the aggregate of- (A) the amount of tje payments in any year (whether the year in which it is proposed to enter into the firstmentioned contract or a later year) necessary in respect of that other contract; and (B) the amount of the payments necessary in that year in respect of the firstmentioned contract, exceeds ten per centum of the estimated receipts of the proper fund for the year in which it is proposed to enter into the firstmentioned contract."; (iii) omitting paragraph (c); (iv) omitting in paragraph (d) the expression " paragraphs (b) and (c) " and inserting in its stead the expression " paragraph (b) "; (b) in subsection (4), (i) inserting after the word " emergency," where it occurs in the first paragraph the words " and subject to subsection (6) of this section,";

920 Local Government Act Amendment Act 1971, No. 74 (ii) omitting the words " two thousand dollars " wherever they occur and inserting in their stead the expression " $ 3,000 " in each case; (iii) adding the following paragraph:- " Where tenders are made and invited in accordance with this subsection for the sale of land or any surplus goods or materials, and no tender is received or the Local Authority declines to accept any tender , the Local Authority may sell that land or surplus goods or materials by private contract."; (c) in subsection ( 5), inserting after the word " section," where it occurs in paragraph ( a) the words " and subject to the provisions of subsection ( 6) of this section,"; (d) adding the following subsection:- " (6) Subsection ( 4) of this section does not apply to the following dealings , which the Local Authority is hereby empowered to effect by private contract:- (a) contracts for the sale of land to or the exchange of land with- (i) the Crown in the right of the Commonwealth or of this State or of any other State of the Commonwealth; (ii) any authority , body or corporation empowered by Statute to provide public utility services; (iii) any corporation , society or association, or any religious body, organisation or community , to be used for a purpose that would except the land from rating pursuant to section 24 of this Act; (iv) The Boy Scouts Association , ( Queensland Branch) or The Girl Guides Association ( Queensland, Australia), for use in the promotion of the objects of those Associations; (v) any corporation , society or association , for use in the conduct or promotion of athletic sports or games, or recreational activities , or in the care of sick, convalescent, aged , infirm or indigent persons, or in the promotion of the arts or education; (b) leases or agreements for lease of land by the Local Authority for purposes other than trade, commerce or industry; (c) contracts for the transfer of land to a person in satisfaction of the whole or part of any claim for compensation by that person against the Local Authority; (d) contracts for the sale of land to the registered proprietor of, or owner of an estate in fee - simple in, adjoining land- (i) where the land to be sold is of insufficient area or is of a shape that cannot be developed satisfactorily as a separate allotment unless it is amalgamated with that adjoining land; (ii) Where the area of that adjoining land is insufficient to allow its development for a purpose that is permissible under a town planning scheme or by-law in force in the locality in which that adjoining land is situated , or under the Town Plan or ordinances of Brisbane City Council if that adjoining land is situated in the City of Brisbane, unless that adjoining land is amalgamated with the land to be sold;

Local Government Act Amendment Act 1971, No. 74 921 (iii) where the area of that adjoining land is less than sixteen perches, or the area or the frontage of that land is less than the minimum area or frontage fixed, in the case of the Local Authority by by-law or in the case of Brisbane City Council by ordinance, as the minimum area or frontage of an allotment required for a new subdivision of land in the locality in which that adjoining land is situated. In this paragraph (d) the term " purpose " includes the parking of vehicles associated with the conduct of that purpose and the term " insufficient " means insufficient in the opinion of the Local Authority.". 9. Amendment of s. 21. Section 21 of the Principal Act is amended by- (a) in subsection (5), (i) omitting the words " was executed " where they occur in the first paragraph and inserting in their stead the words " are being or have been executed "; (ii) omitting the words " was defined " where they occur in the first paragraph and inserting in their stead the words " has been defined "; (b) in subsection (6), (i) omitting the words " In any case where a Local Authority has constructed and is maintaining " and inserting in their stead the words " Where the Local Authority exercises and performs the function of "; (ii) adding the following paragraph:- " The power of the Local Authority under this subsection to make and levy any rate and/or charge includes and it is declared always included power to make and levy that rate and/or charge during construction of sewerage.". 10. Amendment of s. 23. Section 23 of the Principal Act is amended by- (a) in subsection (1), adding to paragraph (i) the following paragraph:- " In addition to the foregoing the Local Authority shall establish- (k) A " plant maintenance reserve fund " where pursuant to paragraph (ii) of subsection (2) of this section, moneys are transferred from the general fund for the purpose of equalising maintenance charges on plant, machinery and equipment against each year; (1) A " plant renewal and purchase fund " where pursuant to paragraph (ii) of subsection (2) of this section, moneys are transferred from the general fund for the purpose of equalising the costs of purchasing and renewing plant, machinery and equipment against each year; (m) A " maintenance reserve fund " where pursuant to paragraph (ii) of subsection (10) of this section, moneys are transferred from an undertaking fund for the purpose of equalising maintenance charges against each year;

922 Local Government Act Amendment Act 1971, No. 74 (n) An " undertaking renewal and purchase fund " where pursuant to paragraph (ii) of subsection (10) of this section, moneys are transferred from an undertaking fund for the purpose of equalising the cost of purchasing and renewing plant, machinery and equipment against each year; (o) An " undertaking extension, renewal and improvement fund " where pursuant to paragraph (ii) of subsection (10) of this section, moneys are transferred from an undertaking fund for the purpose of equalising the cost of carrying out extensions, renewals and improvements of the undertaking against each year."; (b) in subsection (2), (i) omitting the word " a " where it occurs in paragraph (d) of the second subparagraph of paragraph (ii) and inserting in its stead the word " the "; (ii) omitting the word " a " where it occurs in paragraph (e) of the second subparagraph of paragraph (ii) and inserting in its stead the word " the ". - (iii) omitting paragraph (iv); (c) in subsection (10), (i) omitting the word " a " where it occurs in subparagraph (d) of paragraph (ii) and inserting in its stead the word " the "; (ii) omitting the word " an " where it occurs in subparagraph (g) of paragraph (ii) and inserting in its stead the word " the "; (iii) omitting the word " an " where it occurs in subparagraph (h) of paragraph (ii) and inserting in its stead the word " the ". by11. Amendment of s. 24. Section 24 of the Principal Act is amended - (a) in subsection (2), omitting the words " The rateable " where they occur at the commencement of the second paragraph, and inserting in their stead the words " Subject to subsections (10) and (10A) of this section, the rateable "; (b) in subsection (8), (i) inserting after the word " claim " where it occurs in subparagraph (i), the words " [other than a restricted mining claim, an alluvial mineral claim or a special gem claim] "; (ii) omitting the words " [other than a dredging claim] " where they occur in subparagraph (ii) and inserting in their stead the words " [other than a dredging claim, a restricted mining claim, an alluvial mineral claim or a special gem claim] "; (c) adding the following subsections- " (10) The rateable value of any rateable land held from the Crown under a special gem claim under or within the meaning of the Mining Act1968-1971 or The Mining Acts 1898 to 1967 continued in force by the Mining Act1968-1971 shall be deemed to be the valuation ascertained by multiplying by twenty the annual rent payable under the claim at the time when the valuation is made. (10A) The rateable value of any rateable land held from the Crown under- (a) a restricted mining claim under or within the meaning of the Mining Act1968-1971 or The Mining Acts 1898 to 1967 continued in force by the Mining Act1968-1971

Local Government Act Amendment Act 1971, No. 74 923 shall be $50 or such other amount as the Governor in Council from time to time by Order in Council determines; (b) an alluvial mineral claim under or within the meaning of the Mining Act1968-1971 or The Mining Acts 1898 to' 1967 continued in force by the Mining Act1968-1971 shall be $200 or such other amount as the Governor in Council from time to time by Order in Council determines. (103) The Local Authority shall make or cause to be made, in accordance with subsection (10) of this section, the valuation of the rateable value of rateable land held from the Crown under the special gem claim. The Local Authority may at any time alter or amend the valuation of any land to which this subsection applies if and only if the annual rent payable to the Crown in respect of that land is altered. (10c) Every valuation ascertained under subsections (10A) and (103) of this section and every alteration or amendment thereof shall be transcribed in the valuation register kept pursuant to subsection (9) of this section. The Local Authority shall not be required to give notice of any such valuation or any alteration or amendment thereof.". 12. Amendment of s. 27. Section 27 of the Principal Act is amended by, in subsection (1), adding to paragraph (i) the following paragraph:- " Notwithstanding the provisions of subparagraph (c) of this paragraph the Local Authority may- (A) accept payment of rates and other moneys payable to it at a place provided and maintained by it, other than its office, and appointed for that purpose; (B) subject to regulations , appoint a person having a place of business in its Area to be its agent for the receipt at that place of rates and other moneys payable to it.". 13. Amendment of s. 31 . Section 31 of the Principal Act is amended by omitting provision (1). 14. Amendment of s. 32 . Section 32 of the Principal Act is amended by omitting subsection (4). 15. Amendment of s. 34 . Section 34 of the Principal Act is amended by,'in subsection (12), omitting subparagraph (1) and inserting in its stead the following subparagraph: " (1) Whether in accordance with a by-law of the Local Authority, the applicant, in respect of water supply or sewerage or both water supply and sewerage , should be required to- (i) provide for the reticulation thereof to the land to be subdivided; (ii) contribute towards the cost of the provision thereof (other than by reticulation) to the land to be subdivided, by way of a contribution towards the cost (whether incurred before or after the making of the application) in connection with the construction of mains, or the augmentation of existing mains, or the construction of

924 Local Government Act Amendment Act 1971, No. 74 pumping stations, or the augmentation of existing pumping stations, required to be undertaken by the Local Authority for such provision, other than the cost of constructing a main or pumping station which is in existence at the date of the coming into operation of the bylaw:". 16. Amendment of s. 47. Section 47 of the Principal Act is amended by- (a) omitting subsection (3); (b) in subsection (5), (i) omitting the words " If the Minister grants approval of the report and the information accompanying the report, the Local Authority may " and inserting in their stead the words " Before undertaking a scheme of agricultural drainage, the Local Authority shall "; (ii) omitting subparagraph (viii); (c) omitting subsection (6); (d) in subsection (7), (i) omitting paragraph (b), and inserting in its stead the following paragraph: (b) The Local Authority shall consider and determine each objection lodged with the clerk on or before the last day for objections."; (ii) omitting paragraphs (c) and (d); (e) in subsection (8), omitting the words " Minister grants approval of the scheme, the Local Authority " and inserting in their stead the words " Local Authority decides to undertake the scheme, it "; (f) in subsection (14), omitting the words " amount of betterment duly assessed as accruing to " where they occur in paragraph (c), and inserting in their stead the words " rateable value of "; (g) in subsection (23), (i) lettering the existing subsection as paragraph (a); (ii) in the third subparagraph of that paragraph as so lettered, omitting the word " subsection " and inserting in its stead the expression " paragraph (a) "; (iii) adding the following paragraph:- (b) Where subsequent to the date of the passing of The Local Government Acts Amendment Act of 1956 but prior to the date of the passing of the Local Government Act Amendment Act 1971 (in this paragraph referred to as " the said date "), a Local Authority had commenced to undertake a scheme of agricultural drainage under the provisions of this section of the Local Government Act 1936-1971 as in force immediately prior to the said date, the Local Authority may continue and complete that scheme under those provisions as in force at the said date.". 17. Amendment of s. 49F. Section 49F of the Principal Act is amended by- (a) omitting subsections (2) and (3) and inserting in their stead the following subsection:- " (2) Power of resumption . The provisions of the Acquisitionof Land Act1967-1969 shall apply to the taking of land for the purposes of this section by Brisbane City Council and any other Local Authority.";

Local Government Act Amendment Act 1971, No. 74 925 (b) in subsection (4), omitting the words " under this section ". 18. Amendment of s. 54 . Section 54 of the Principal Act is amended by- (a) inserting after subsection (1) the following subsection:- " (1A) New name of association . The Local Authorities Association of Queensland constituted under this Act is preserved, continued in existence and constituted under the name " The Local Government Association of Queensland (Incorporated) ".. The doing of any act or thing by The Local Government Association of Queensland (Incorporated) -under that name in purported exercise of the powers vested in The Local Authorities Association of Queensland by The Local Government Act of 1936 or by that Act as amended at the material time shall not be invalid or otherwise prejudiced by reason only of the fact that it was so done."; (b) in subsection (2), omitting subparagraph (c) of paragraph (ii) and inserting in its stead the following subparagraph:- (c) For the payment to the association by each Local Authority which is a member thereof of annual subscriptions and of levies, and for prescribing the person or body by whom the amounts of those subscriptions and levies shall be fixed;".