Local Government Act Amendment Act 1973 (Qld)

385 Qltegllslanb^ ELIZ ANNO VICESIMO SECUNDO TFIA S CU AE R GI N E 3 8 of 19 73 An Act to amend the local Government Act 19361971 in certain particulars [ASSENTED TO 26TH .APRIL, 1973] 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 1973. (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 1936-1973. 2. Amendment of s. 1 ( 3). Subsection (3) of section 1 of the Principal Act is amended by- (a) in that part of the subsection referring to section 13, omitting the words "Allowance to Chairman ; " and inserting in their stead the words "Allowances to Chairman and Deputy Chairman; "; (b) in that part of the subsection referring to Part XIII, omitting the word " AUTHORITIES " occurring in the expression " LOCAL AUTHORITIES ASSOCIATION OF QUEENSLAND " and inserting in its stead the word " GOVERNMENT ". I3

386 Local Government Act Amendment Act 1973, No. 38 3. Amendment of s. 5 (2). Subsection (2) of section 5 of the Principal Act is amended by, in paragraph (v a), omitting the words " notwithstanding any decision of the Minister pursuant to subsection four of section twenty-one, or pursuant to paragraph (iv) of subsection three of section twenty-eight of this Act," and inserting in their stead the words " notwithstanding any decision of the Minister pursuant to subsection (4) of section 21 or paragraph' (iv) of subsection (3) of section 28 prior to the commencement of the Local Government Act Amendment Act 1973 or any decision of the Local Authority in question pursuant to the said subsection (4) of section 21 or subsection (4) of the said section 28 after the commencement of that Act,". 4. Ai ni of heading occurring immediately before s, 13. The heading occurring immediately before section 13 of the Principal Act is amended by- (a) omitting the word " ALLOWANCE " and inserting in its stead the word " ALLOWANCES (b) adding after the word " CHAIRMAN " the words " AND DEPUTY CHAIRMAN ". 5. Repeal of : ew s. 13. Section 13 of the Principal Act is repealed and the following section is inserted in its stead:- " 13. A" trances to chairman and deputy chairman. (1) The Local Authority may grant an allowance to the chairman or allowances to the chairman and deputy chairman from the general fund. (2) During such time as the chairman is prevented by absence, illness, or otherwise from performing the duties of the office of chairman, the Local Authority may grant to the deputy chairman, or to an acting chairman appointed pursuant to section 12, an allowance at the rate at which the chairman's allowance is for the time being paid, and, unless the Local Authority otherwise determines, an allowance so granted shall be deducted from the corresponding allowance to the chairman. (3) During the time the deputy chairman is . granted an allowance in accordance with subsection (2), he shall not be entitled to receive an allowance otherwise payable to him as deputy chairman in accordance with this section.". 6. Amendment of s. 15A. Section 15A of the Principal Act is amended by omitting the words " $1,000 in any year." and inserting in their stead the words " $1,500 (or such other amount as the Governor in Council may from time to time by Order in Council determine, he being hereby authorized to so determine) in any year.". 7. Amendment of s. 19 (6). Subsection (6) of section 19 of the Principal Act is amended by- (a) inserting after subparagraph (iii) of paragraph (d) and before that part of the subsection commencing with the words " In this paragraph (d) " the following paragraph:- 4C (e) contracts, not otherwise authorized by this subsection, for the exchange of land with any person, subject to the prior approval of the Minister at the request of the parties to the proposed contract.";

Local Government Act Amendment Act 1973, No. 38 387 (b) omitting the words " In this paragraph (d) " and inserting in their stead the words " In paragraph (d) of 'this subsection ". 8. Amendment of s. 21. Section 21 of the Principal Act is amended by- (a) adding to subsection (1) at the end thereof the following paragraphs:- "Minimum general rate levy. Notwithstanding any other provision contained in this subsection save the provisions contained in the next following subparagraph, the minimum amount of every general rate levied by the Local Authority by the service of a rate notice pursuant to this Act shall be the sum of $10 per annum or such lesser minimum amount per annum as the Local Authority may from time to time determine (it being hereby thereunto authorized), and, where the general rate is levied half-yearly or quarterly, the rate notice served in respect thereof shall, in a case where the minimum general rate is applicable, show the part of the minimum general rate payable as one half or one quarter, as the case requires, of the minimum general rate payable per annum. The Governor in Council may from time to time by Order in Council vary the amount of $10 referred to in this subsection by increasing it or decreasing it, and such increased or decreased amount, or such lesser amount as the Local Authority from time to time determines, shall be the minimum general rate per annum for the time being."; (b) in subsection (3)- (i) omitting the word " Minister " and inserting in its stead the words " Local Authority "; (ii) adding at the end of the subsection, after the word " provided ", the words " (or so defined by the Minister prior to the commencement of the Local Government Act Amendment Act 1973)."; (c) in subsection (4), omitting the second and third paragraphs and inserting in their stead the following paragraphs:- " Such separate rate shall be made and levied equally on the rateable value of land in the benefited area defined by the Local Authority as herein provided (or, until otherwise defined by the Local Authority, as defined by the Minister for the purpose prior to the commencement of the Local Government Act Amendment Act 1973). The Local Authority shall define the part of the Area specially benefited and, if it thinks it is fit and proper to do so, may divide the part so defined into subdivisions according to the extent to which each is respectively benefited. Within fourteen days after the Local Authority defines the specially benefited part of the Area, it shall- (a) notify the Director of the definition of the specially benefited part; and (b) supply to the Director a map indicating to his satisfaction the specially benefited part so defined and the subdivisions, if any, into which the defined part has been divided.";

388 Local Government Act Amendment Act 1973, No. 38 (d) in subsection (5)- (i) omitting from the first paragraph the word " Minister " and inserting in its stead the words " Local Authority (or, prior to the commencement of the Local Government Act Amendment Act 1973, by the Minister) "; (ii) omitting from the second paragraph the words " Minister as hereinafter provided." and inserting in their stead the words " Local Authority as hereinafter provided (or defined by the Minister for the purpose prior to the commencement of the Local Government Act Amendment Act 1973)."; (e) in subsection (6), omitting all words commencing with the words " Where the Local Authority exercises and performs the function of sewerage," and ending with the words " use or occupation of any such structure, building, or place." and inserting in their stead the following:- " Where the Local Authority exercises and performs the function of sewerage, it may, notwithstanding any Act to the contrary, in each year make and levy a rate and/or make charges on such basis or on such several bases as in its discretion it thinks just and reasonable for the purpose of defraying- (a) the cost of constructing sewerage including- (i) the payment of interest on; (ii) the redemption of; (iii) the instalments into a sinking fund in respect "of, any loan money borrowed for or in respect of such function ; (b) the cost of operating, maintaining and managing sewerage; and (c) the cost of supplying a cleansing service for the removal of nightsoil or garbage or both. Any rate and/or charges made and levied by the Local Authority under this subsection may be made, levied and recovered in respect of any land or any structure, building or place on land that is not rateable under section 24 of this Act."; (f) in subsection (8)- (i) omitting, in paragraph (i), all words from and including the words " in its discretion make and levy- " to the end of the said paragraph and inserting in their stead the following:- make and levy a rate and/or make charges on such basis or on such several bases as in its discretion it thinks just and reasonable for the purpose of defraying- (a) the cost of constructing the water supply including- (i) the payment of interest on; (ii) the redemption of; (iii) the instalments into a sinking fund in respect of, any loan money borrowed for or in respect of such function; and (b) the cost of operating, maintaining and managing the water supply.";

Local Government Act Amendment Act 1973, No. 38 389 (ii) omitting paragraph (ii) and inserting in its stead the following paragraph:- " (ii) Any rate and/or charges made and levied by the Local Authority under this subsection may be made, levied and recovered in respect of any land or any structure, building or place on land that is not rateable under section 24 of this Act."; (iii) inserting after paragraph (iii) the following paragraph:- " (iv) 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 the water supply."; (g) in subsection (10)- (i) numbering the existing subsection, after the heading, as paragraph (i); (ii) inserting the following new paragraph:- " (ii) The Local Authority may in implementing this subsection make and levy rates on rural land in the circumstances specified in paragraph (i) of this subsection at two levels of rating, one being at a higher level than the other, where, in the opinion of the Local Authority as expressed in a resolution of the Local Authority detailing the circumstances and defining the lands subject to each of the two levels of rating, such differential rating is warranted.". 9. Amendment of s. 23 (2). Subsection (2) of section 23 of the Principal Act is amended by inserting in subparagraph (c) of paragraph (ii), after the word " deficiency ", the words " or part of a deficiency ". 10. Amendment of s. 27. Section 27 of the Principal Act is amended by- (a) in subsection (1), omitting from subparagraph (b) of paragraph (i) the words " or half-yearly " and inserting in their stead the words ", half-yearly or quarterly "; (b) in subsection (3), omitting the words " six pounds per centum per annum calculated at simple interest," and inserting in their stead the words " eight dollars per centum per annum calculated at compound interest or such other rate as the Governor in Council may from time to time by Order in Council determine (he being hereby thereunto authorized),"; (c) in subsection (11)-. (i) omitting subparagraph (d) of paragraph (iii) and inserting in its stead the following subparagraph:- " (d) The Local Authority may place a reserve price upon the said land and, where it does so and that reserve price is not reached at the sale, the Local Authority shall thereupon be deemed to be the purchaser at the reserve price and there shall be deemed to have been a sale accordingly."; (ii) inserting in paragraph (iv), after the words " The moneys arising from the sale of any land ", the words " (including a sale pursuant to subparagraph (d) of paragraph (iii) of this subsection) "; (iii) inserting in paragraph (v), after the words " Upon the sale of any land as aforesaid ", the words "other than a sale pursuant to subparagraph (d) of paragraph (iii) of this subsection ";

390 Local Government Act Amendment Act 1973, No. 38 (iv) adding to the heading occurring immediately before paragraph (vi), after the words " UNSOLD LAND ", the words " OR LAND DEEMED TO BE SOLD "; (v) in paragraph (vi)- (A) inserting in the heading to the paragraph, after the word " unsold ", the words " or deemed to be solid "; (B) inserting in subparagraph (a), after the words " not being sold at any such sale as aforesaid ", the words " or in the event of a sale of the land pursuant to subparagraph (d) of paragraph (iii) of this subsection "; (C) omitting from the form of application occurring in the paragraph the words "And whereas the reserve price placed upon the said land was not realised at the said sale : " and inserting in their stead the following:- And whereas the said land was not sold: [or] And whereas there was a sale of the land pursuant to subparagraph (d) of paragraph (iii) of subsection (11) of the said section 27 and the amount of the reserve price has been paid by the Council into its trust fund for application in accordance with the provisions of paragraph (iv) of subsection (11) of the said section 27: "; (d) in subsection (14)- (i) omitting the word " twenty-one " and inserting in its stead the word " thirty "; (ii) omitting the words " other than a water undertaking " where first occurring; (iii) omitting the second paragraph and inserting in its stead the following paragraph:- " In addition to any remedy or power exercisable by the Local Authority for the recovery of rates and charges in respect of the use or supply of any product or service of an undertaking, the Local Authority may also cut off and take away the supply of any such product or service from the premises of any person refusing or neglecting to pay those rates and charges, and may thenceforth discontinue the supply: Provided that the supply of water from a water undertaking shall not be cut off or discontinued pursuant to this subsection where the occupier of the premises in question is dependent upon such supply for domestic purposes, and in any other case the supply of water shall not be cut off or discontinued unless the Local Authority has given to the owner or occupier of the premises in question one month's notice in writing of its intention to so cut off or discontinue the supply and the period has expired.". 11. Amendment of s. 28. Section 28 of the Principal Act is amended by- (a) in subsection (3), omitting paragraph (iv); (b) inserting after subsection (3) the following subsection:- " (4) Any function of local government for the purposes whereof money is proposed to be borrowed shall be deemed to be for the benefit of the whole Area, unless the Local Authority (which is hereby thereunto authorized) determines that a part defined by it of the Area will be thereby specially benefited.

Local Government Act Amendment Act 1973, No. 38 391 Where the Local Authority makes such a determination, it shall within fourteen days after the determination notify the Director of it and supply to him a map indicating to his satisfaction the part so defined.". 12. Amendment of s. 29 ( 3). Subsection (3) of section 29 of the Principal Act is amended by, in subparagraph ( f) of paragraph (i), inserting after the words " Statement of contracts " the words " in writing and under seal and contracts pursuant to paragraph (a) of subsection ( 2) of section nineteen of this Act ". 13. Amendment of s. 30 . Section 30 of the Principal Act is amended by, in the penultimate paragraph, inserting after the words "Any land or any part of any land taken by the Local Authority " the words " under any Act prior to the commencement of the Acquisition of Land Act '967-1969 ". 14. Amendment of s. 31 (27). Subsection (27) of section 31 of the Principal Act is amended by- (a) in paragraph ( i), omitting the words ", and shall be confirmed at a subsequent special meeting of the Local Authority , and shall be sealed with the seal of the Local Authority "; (b) omitting clauses (i) and (ii) of subparagraph (b) of paragraph (iii) and inserting in their stead the following clauses: - " (i) in the case of a by-law to provide for , regulate and control the administration and execution of a town planning scheme or in the case of a by-law to provide for, regulate and control the administration and execution of amendments of a town planning scheme determined by the Local Authority to be required upon any review made pursuant to subsection ( 4) of section 33 of this Act, is not earlier than ninety days after the date of the publication of the notice in the Gazette or newspaper whichever last occurred or, where the notice is published in the Gazette and in a newspaper more than once , not less than ninety days after the date of the first publication of the notice in the Gazette or newspaper whichever last occurred; (ii) in the case of a by-law to amend any by-law providing for, regulating and controlling the administration and execution of a town planning scheme, is not earlier than thirty days after the date of the publication of the notice in the Gazette or newspaper whichever last occurred or, where the notice is published in the Gazette and in a newspaper more than once, not less than thirty days after the date of the first publication of the notice in the Gazette or newspaper whichever last occurred;"; (c) inserting after paragraph (iii), so as to occur after subparagraph (d) of that paragraph, the following paragraph:- " (iiiA) A copy of the notice published in accordance with the requirements of paragraph (iii) of this subsection shall be posted for the information of the public in a prominent position in the public office of the Local Authority from the date when the notice is first published in the Gazette or a newspaper until the date specified in the notice in accordance with subparagraph (b) of the said paragraph (iii).";

392 Local Government Act Amendment Act 1973, No. 38 (d) omitting paragraph (vi) and inserting in its stead the following paragraph:- " (vi) Any person may object to the making of a by-law provided such objection is made and lodged with the clerk in accordance in all respects with the provisions of subparagraph (d) of paragraph (iii) of this subsection, and the Local Authority shall consider every objection so made and lodged."; (e) in paragraph (vii), omitting the words "After a by-law has been sealed, it shall be submitted for the approval of the Governor in Council. In the case of a by-law to implement and " and inserting in their stead the words "After the Local Authority has, pursuant to paragraph (vi), considered every objection to the making of a by-law and resolves to proceed with steps for its implementation, it shall submit the by-law for the approval of the Governor in Council. In the case of a by-law "; (f) in paragraph (viii), omitting the words "A by-law submitted for the approval of the Governor in Council " and inserting in their stead the words " When a by-law is submitted for the approval of the Governor in Council it shall have attached thereto under the seal of the Local Authority a certificate by the chairman and the clerk that the requirements of this subsection have been complied with in respect of the by-law and ". 15. Arne it of s. 32. Section 32 of the Principal Act is amended by inserting after subsection (3) the following subsection:- " (4) S eet lighting. The Local Authority may contribute towards the capital cost of street lighting and its installation within the Area of the Local Authority in accordance with an agreement entered into between the Local Authority and any person, body or authority undertaking the supply of electricity within such Area.". 16. Amendment of s. 33. (1) Section 33 of the Principal Act is amended by- (a) omitting from paragraph (a) of subsection (18) the word " seven " where twice occurring and inserting in its stead in each case the word " fourteen "; (b) inserting after subsection (18) the following subsection:- " (I8A) Objector may be a party in an appeal, (a) The clerk when notifying the applicant of the decision of the Local Authority on an application to which subsection (18) of this section applies shall furnish the applicant with the name and address of every person who has duly lodged, pursuant to that subsection, an objection to the application with the clerk, whether lodged before or after the commencement of the Local Government Act Arnendit ent Act 1973, and where paragraph (c) of subsection (17) of this section applies in relation to the application the clerk shall forthwith on demand by the applicant furnish to the applicant the name and address of every person who has so lodged an objection. (b) Where an applicant institutes an appeal pursuant to paragraph (c) of subsection (17) of this section, he shall forthwith make application to the clerk to be furnished with the name and address of every person who has duly lodged, pursuant to subsection (18) of this section, an objection to the application in relation to which the appeal is brought.

Local Government Act Amendment Act 1973, No. 38 393 (c) Where an applicant institutes an appeal in respect of an application to which subsection (18) of this section relates, he shall forthwith notify in writing every person with whose name and address he has been furnished in relation to the application in question pursuant to paragraph (a) of this subsection of the appeal and the grounds of the appeal and of the objector's right to become a respondent to the appeal. (d) Any person who has duly lodged pursuant to subsection (18) of this section an objection to an application in respect of which the applicant institutes an appeal to the Court may by filing in the Court notice of election in that behalf within fourteen days after the receipt by him of the notification pursuant to paragraph (c) of this subsection become a respondent to the appeal and shall be entitled to be heard in the appeal as a party thereto. (e) The Court shall stay proceedings in any appeal in respect of an application to which subsection (18) of this section relates unless it is satisfied on oral evidence or by affidavit that the appellant has complied with the provisions of paragraph (c) of this subsection in relation to the appeal."; (c) in paragraph (c) of subsection (21), omitting the words "after the publication in the Gazette of notice of approval by the Minister of a resolution authorising the preparation of the scheme." and inserting in their stead the words ", but a by-law so made shall not receive the approval of the Governor in Council until after approval by the Minister of a resolution authorizing the preparation of the scheme, and shall not remain in force for a longer period than six months: Provided that the Minister may from time to time by notice published in the Gazette approve that the by-law remain in force for a further period of not more than six months at a time, and it shall thereupon remain in force for such longer period.". (2) Where an application to which paragraph (a) of subsection (18) of section 33 of the Principal Act refers has been made prior to the commencement of this Act, that paragraph shall, in respect of that application, be read as though the amendment referred to in paragraph (a) of subsection (1) of this section were not made. 17. Amendment of s. 35. Section 35 of the Principal Act is amended by- (a) in subsection (8)- (i) omitting from paragraph (ix) all words commencing with the words "to the extent of one-half" to the end of the paragraph and inserting in their stead the words " or repaired on, under or over the area of such encroachment without the prior permission of the Local Authority."; (ii) omitting from paragraph (x) the word " Minister " wherever occurring (save where occurring after the words " fee to be fixed by the ") and inserting in its stead in each case the word " Director "; (b) in subsection (19), omitting from paragraph (iv) the words two months from the service thereof, or within two months " and inserting in their stead the words " fourteen days from the service thereof (or such longer period as the Local Authority may determine, it being hereby thereunto authorized), or within fourteen days ";

394 Local Government Act Amendment Act 1973, No. 38 (c) in paragraph (i) of subsection (22)-- (i) omitting the words " in a Shire "; (ii) omitting the words " council of the Shire " and inserting in their stead the words " Local Authority of the Area ". 18. Amendment of s. 50. Section 50 of the Principal Act is amended by- (a) in paragraph (ii) of subsection (4), omitting the words " current bank rates " and inserting in their stead the words " such rate of interest, calculated at compound interest, as the Local Authority may from time to time determine (it being hereby thereunto authorized), but not exceeding the rate of eight dollars per centum per annum, or such other rate as the Governor in Council may from time to time by Order in Council determine (he being hereby thereunto authorized), calculated at compound interest "; (b) in subsection (7)- (i) omitting paragraph (ii) and inserting in its stead the following paragraph:- "(ii) Without derogating from the provisions of paragraph (i) of this subsection, the amount of expenses referred to therein may be recovered in the same manner as rates are recoverable under the provisions of this Act, and shall bear interest (which shall be recoverable in like manner) in the same manner that rates unpaid are subject to interest in accordance with subsection (3) of section 27 of this Act."; (ii) omitting paragraphs (iii), (iv), (v) and (vi). 19. Amendment of s. 53 (1). Subsection (I) of section 53 of the Principal Act is amended by inserting after paragraph (i) the following paragraph:- (iA) (a) A petition shall- (1) state clearly at the top of each page the question relating to local government upon which an expression of opinion is desired, and petition for the taking of a poll of electors of the Area or a specified division or specified divisions thereof or a specified part of a division or specified parts of divisions upon such question; (2) be signed personally by the electors presenting the petition and show clearly the full name and the address and occupation of each petitioner thereon; (3) be lodged with the clerk of the Local Authority concerned at the public office of the Local Authority, with its pages securely fastened together and numbered consecutively commencing with the figure 1; (4) state on an attached cover sheet the full name, address and occupation of the organizer of the petition, the number of pages of petition lodged and the number of electors who signed the petition, and the cover sheet shall be signed personally by the organizer so named.

Local Government Act Amendment Act 1973, No. 38 395 (b) The Clerk shall present any petition lodged pursuant to this section to the next following ordinary meeting of the Council or, if so directed by the chairman, to a special meeting of the Council called for the purpose.". 20. Amendment of heading of Part X M. The heading of Part XIII of the Principal Act, occurring immediately before section 54, is amended by omitting the word "AUTHORITIES " and inserting in its stead the word " GOVERNMENT ".