Local Government Act Amendment Act 1975 (No. 2) (Qld)

805 Quepttsltxnt4 ANNO VICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 74 of 1975 An Act to amend the Local Government Act 1936- 1975 in certain particulars [AssENTED TO 12TH DECEMBER, 1975] 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 1975 (No. 2). (2) In this Act the Local Government Act 1936-1975 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Local Government Act 1936-1975.

806 Local Government Act Amendment Act (No. 2) 19-175, No. 74 2. Amendment of s. 5. . Section 5 of the Principal Act is amended by, in subsection (1)- (a) inserting immediately before the provision " Proclamation of city " the following paragraph:- "Where in the exercise of any of the foregoing powers it becomes necessary to describe any land for the purpose of defining boundaries the Governor in Council may do so by reference to the real property description or the metes and bounds of that land or by delineation of that land on a map."; (b) omitting ' paragraph (iii) and substituting the following paragraphs:- "(iii) Notice. if it is made to appear to the Governor in Council that it is expedient to exercise in respect of any Area or Areas a power conferred by the preceding paragraph (ii) then, before the power is exercised, the Minister shall, by advertisement published at least once in the Gazette and in a newspaper, give public notice- A. of intention to exercise the power; B. of the general effect of the exercise of power proposed; C. that particulars including, where the case requires it, the map or maps relevant to the exercise of power proposed are open to inspection by any person at the office of the Director and at the public office of each Local Authority whose Area would be affected by the exercise of power proposed on or before a date specified in the advertisement, which date- (a) shall be not less than 90 days after the date of publication of the advertisement in the Gazette or in the newspaper (whichever date of publication is the later) or, where the advertisement is published more than once in the Gazette or a newspaper, not less than 90 days after the date of first publication of the advertisement in the Gazette or newspaper (whichever date of publication is the later); and (b) is in this subsection called "the last day for the receipt of objections "; and D. that objections to the exercise of power proposed may be lodged with the Director on or before the last day for the receipt of objections and that any such objection shall be in writing addressed to the Director and shall set out the grounds of objection and the facts and circumstances relied on in support of those grounds. (iv) Public inspectio n of particulars . The particulars referred to in the preceding paragraph (iii) shall be kept open to inspection by any person without charge at the office of the Director and at the public office of each Local Authority whose Area would be affected by the exercise of power proposed up to and including the last day for the receipt of objections at all times during which the office or public office, as the case may be, is open for the conduct of business. (v) O b j ections to be duly made . Every objection made to an exercise of power proposed shall be lodged with the Director

LocalGovernment Act AmendmentAct (No. 2)1975, No. 74 807 on or before the last day for the receipt of objections and shall be in writing and shall set out the matters referred to in provision D of paragraph (iii). (vi) Consideration of objections duly lodged . The Governor in Council shall consider every objection duly made as prescribed to the exercise of power proposed and if, in his opinion, sufficient cause has not been shown why the exercise of power proposed should not occur he may- A. exercise the power proposed to be exercised in the manner and to the extent proposed; or B. make such amendment or modification as he thinks fit, having regard to the exercise of power proposed and the objections thereto, and to the manner in which or the extent to which the power should be exercised and exercise the power in the manner or to the extent as amended or modified without further advertisement of intention to exercise the power: Provided that in relation to a proposal to exercise a power conferred by paragraph (ii) notified pursuant to paragraph (iii) after the commencement of the Local Government Act Amendment Act 1975 (No. 2) an amendment or modification made pursuant to this provision B shall be such that the proposal as amended or modified is not substantially different from the proposal as so notified. (vii) The Governor in Council shall be deemed always to have had the powers conferred on him by provision B of paragraph (vi). 3. Further amendment of s. 5. Section 5 of the Principal Act is further amended by, in subsection (2), inserting after paragraph (ve) the following paragraph- " (vf) (1) Where the Governor in Council- (a) has declared and apportioned the assets and liabilities of Local Authorities pursuant to paragraph (i) or (ii) of this subsection; or (b) has settled, determined and adjusted rights, liabilities or matters between a Local Authority and a Project Board pursuant to paragraph (vc) of this subsection; or then (c) has settled, determined and adjusted rights, liabilities or matters between a Local, Authority and a Joint Local Authority pursuant to paragraph (ve) of this subsection, (d) any body thereby divested of property shall- (i) surrender to the body in which the property is thereby vested such documents of title and documents evidencing ownership of the property as are in its possession or under its control ; (ii) duly complete all such transfers of right, title or interest and other documents as are required by the

808 Local Government Act AmendmentAct (No. 2)1975, No. 7r4 body in which the property is thereby vested with a view to its being recorded in any registry as proprietor, lessee or owner of the property; (iii) do all such acts and take all such steps as are required by the body in which the property is thereby vested with a view to securing the property to it; (e) subject to the express provisions of the relevant Order in Council, the making of such declaration, apportionment, settlement , determination or adjustment shall not prejudice the making or enforcement of any claim , liquidated or unliquidated, that may have been made had the Order in Council not been made; (f) where property (being a chose in action) or a liability thereby divested from one body and vested in another body arises by reason of a contract or agreement made between the firstmentioned body and any person, for the purpose of enforcing by or against such other body such chose in action or liability it shall be deemed that such contract or agreement was made between such other body and that person. (g) where property thereby vested in any body consists of a chose in action , the publication in the Gazette of the relevant Order in Council shall be sufficient notice to all persons of the passing of the property; (h) no stamp duty or other fees shall be chargeable upon- (i) an instrument made to evidence the passing of an estate or interest in any land from a body thereby divested of it to a body in which it is thereby vested; (ii) any document made in connection with the passing of property or the transfer of liability from one body to another body pursuant thereto. (2) A passing of property from one body to another body pursuant to a declaration , apportionment , settlement , determination or adjustment referred to in the preceding paragraph (1) is not a disposition of property in respect of which gift duty is payable.". 4. A mendment of s. 31. Section 31 of the Principal Act is- amended by inserting after paragraph ( 22) the following paragraph- " (22A) A by-law may adopt , wholly or in part , in relation to any matter provided for by it any of the standard rules , codes or specifications of the bodies known as the Standards Association of Australia , the British Standards Institution or a like body identified in the by-law and, in relation to a by-law made before the commencement of the Local Government Act Amendment Act 1975 (No. 2) it shall be taken that a by-law could adopt as prescribed by this paragraph the rules , codes or specifications referred to in this paragraph.".

LocalGovernment Act AmendmentAct (No. 2)1975, No. 74 809 5. Amendment ,of s. 34. Section 34 of the Principal Act is amended by- (a) omitting from subsection (12) provision (i) and substituting the following provision- (i) Whether an area of the land to be subdivided should be provided for use as public garden or recreation space or whether the applicant should pay to the Local Authority a sum to be expended towards providing land for use as public garden or recreation space;"; (b) omitting subsection (12A) and substituting the following subsection- " (12A) Where the Local Authority requires as a condition of approval of a plan of subdivision of land that an area of the land to be subdivided be provided for use as public garden or recreation space- (a),the registrar of titles shall not register the plan unless and until all necessary instruments of transfer surrendering to the Crown all land provided in the plan for use as public garden or recreation space have been lodged in his office and he is satisfied that such instruments are correct for registration; (b) the area of land to be provided for such use from the land to be subdivided shall be comprised of land that is a fair average of the type of land to be subdivided and shall be such area as is fixed by by-law of the Local Authority but not exceeding- (i) where the proposal for subdivision for which approval is sought involves the construction of one or more canals within the meaning of The Canals Act, 1958 to 1960, an area that is 7.5 per centum of the area of the land to be subdivided; or (ii) in any other case, an area that is 10 per centum of the area of the land to be subdivided."; (c) inserting after subsection (12A) the following subsections- " (12B) Land surrendered to the Crown for use as public garden or recreation space in connection with a plan of subdivision of land shall be reserved and set apart pursuant to Part XI of the Land Act 1962-1974 for the purpose for which it was provided in the plan and placed under the control of the Local Authority as trustee. (12c) Where the Local Authority considers that an area of the land to be subdivided need not be provided for use as public garden or recreation space it may require the applicant to pay and, if it does so, the applicant shall pay to the Local Authority an amount fixed by by-law of the Local Authority not exdeeding SlOO for each allotment proposed in the plan of subdivision. 27

810 Local Gorernment Acr Amendment Act (No. 2) 1975.%0. 74 Where pursuant to this subsection an amount of money is paid to a Local Authority it shall expend that amount within a period of three years from its receipt of the same on all or any of the following works, to be carried out within the land to be subdivided or within a distance of four kilometres from a point that is, as near as may he, the centre point of that land, namely- (a) the acquisition or development (or both) of land for use as public garden or recreation space or both; (b) the provision of capital works for the improvement or enlargement of existing public gardens or recreation space or both. (12D) (a) Each payment to a Local Authority pursuant to subsection (12c) shall be paid by it to its Trust Fund and be held therein until it is expended in accordance with this Act and records shall be so kept in relation thereto that expenditure of any part of such payment shall be recorded separately and distinctly from expenditure of any part of any other such payment. (b) As soon as practicable after 30 June in each year the Clerk of a Local Authority that is holding in its Trust Fund money which was paid to it pursuant to subsection (12c) and in respect of which that subsection has not been complied with shall furnish to the Director a return in a form approved by the Director showing particulars of that money. (c) The Minister may, by notice in writing, call upon a Local Authority on whose behalf a return is furnished under paragraph (b) to show cause to him, within the time specified in the notice, why the money to which the return furnished relates should not be applied to the purposes prescribed by subsection (12c) or either of them. If the Local Authority so called upon fails to show cause to the satisfaction of the Minister within the time so specified the Minister may issue to the Local Authority such orders and directions as are directed to the proper application, within a time limited by the Minister, of the money to which the return furnished relates to the purposes prescribed by subsection (12c) or either of them. A Local Authority shall comply to the satisfaction of the Minister in all respects with an order or direction issued to it by the Minister. (d) If a Local Authority fails to carry out to the satisfaction of the Minister the requirements of an order or direction issued to it under paragraph (c) the Minister may cause such order or direction to be complied with and, if he does so, the money held by the Local Authority, which should have been expended in complying with the order or direction, shall thereupon be held to the use of the Minister who, if the money is not paid to him on demand, may recover the amount thereof from the Local Authority by action in a court of competent jurisdiction.".

Local Government Act AmendmentAct (No. 2)1975, No. 74 811 6. Amendment of s. 49G. Section 49G of the Principal Act is amended by- (a) inserting after subsection (5) the following subsection- " (6) The power of the Governor in Council to make regulations for or with respect to matters specified in subsection (3) and the power of a Local Authority to make by-laws for or with respect to matters specified in subsection (5) includes power to adopt, wholly or in part, in relation to any matter provided for in the regulations or, as. the case may be, by-laws any of the standard rules, codes or specifications of the bodies known as the Standards Association of Australia, the British Standards Institution or a like body identified in the regulations or, as the case may be, by-laws."; (b) re-numbering subsection (6) as subsection (7).