Local Government Act Amendment Act 1977 (Qld)

233 C lterllslanC ANNO VICESIMO SEXTO ELIZABETHAE SECUNDAE REGINAE No. 23 of 1977 An Act to amend the Local Government Act 1936-1976 in certain particulars [ASSENTED TO 21ST APRIL, 1977] 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 1977. (2) In this Act the Local Government Act 1936-1976 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Local Government Act 1936-1977.

234 Local Government Act Amendment Act 1977, No. 23 2. Amendment of s. 3. Section 3 of the Principal Act is amended by- (a) omitting provision (c) of the definition " Owner " and substituting the following provision:- (c) the holder of- (i) a specified mining claim; (ii) a dredging claim held under or within the meaning of The Mining Acts 1898 to 1967 continued in force by the MiningAct1968-1976; (iii) a mining tenement (other than a claim) or area (other than a prospecting area) under or within the meaning of the MiningAct1968-1976 or The Mining Acts 1898 to 1967 continued in force by the Mining Act1968-1976; (iv) a mining tenement under or within the meaning of the CoalMining Act1925-1969 continued in force by the MiningAct1968-1976; (v) a residence area under or within the meaning of the CoalMining Act1925-1969; "; (b) inserting after the definition " Shire " the following definition:- " " Specified mining claim "-One of the following claims:- (i) a claim registered under the Mining Act1968-1976; (ii) a restricted mining claim, an alluvial mineral claim or a special gem claim under or within the meaning of the MiningAct1968-1976, or under or within the meaning of The Mining Acts 1898 to 1967 continued in force by the MiningAct1968-1976; ". 3. Amendment of s. 21 . Section 21 of the Principal Act is amended by- (a) inserting in subsection (IA) after the second paragraph the following paragraph:- " Notwithstanding any other provisions contained in this section a Local Authority may determine to exempt rateable land of any specified class from the minimum general rate levy determined pursuant to this subsection."; (b) omitting subsection (la) and substituting the following subsection:- " ( IB) Minimum general rate levy on certain mining tenements. (a) Notwithstanding subsection (1) and subject to paragraph (b), a Local Authority may determine in relation to its Area or in relation to one or more divisions of its Area (where the Area is divided) that the minimum amount of the general rate to be levied by it in respect of- (i) specified mining claims: (ii) mining leases within the meaning of the Mining Act1968-1976 that- (A) do not exceed 2 hectares in area where granted for the purpose of mining for minerals or 4 hectares in area where granted for the purpose of erection of treatment plant or a purpose other than mining for minerals; and

Local Government Act Amendment Act 1977, No. 23 235 (B) are situated in areas specified by the Governor in Council from time to time by Order in Council for the purpose of this provision, shall be different from the minimum amount of the general rate to be levied in respect of other rateable land in the Area or, as the case may be, division or divisions in question. (b) The Local Authority may determine different minimum amounts of the general rate to be levied by.it in respect of- (i) specified mining claims mentioned in provision (a) of section 24 (9); (ii) specified mining claims mentioned in provision (b) of section 24 (9); and (iii) mining leases mentioned in provision (ii) of paragraph (a)."; (c) in subsection (4), (i) omitting the third paragraph commencing with the words " The Local Authority shall " and substituting the following paragraph:- " Subject to the prior consent of the Minister, the Local Authority- (a) shall define the part of the Area specially benefited by the particular function or particular functions in question; (b) 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; (c) may include in the one subdivision lands that are not contiguous."; (ii) omitting the sixth paragraph commencing with the words " For the purpose of defining " and substituting the following paragraph:- "For the purpose of defining the part of the Area to be specially benefited or of dividing the part to be specially benefited into subdivisions, the Local Authority shall so define or divide by delineation of such part or division on a map."; (iii) omitting the last paragraph commencing with the words " Within fourteen days "; (d) omitting subsection (5A) and substituting the following subsection:- "(5A) Separate services rate. The Local Authority may in each year make and levy a separate services rate for the particular function of local government referred to in section 32 (4A) on such basis or bases as the Local Authority may in its discretion determine. Subject to the prior consent of the Minister the Local Authority- (a) shall define the part of the Area specially benefited by that function;

236 Local Government Act Amendment Act 1977, No. 23 (b) may include in the part so defined lands that are not contiguous. For the purpose of defining the part of the Area to he specially benefited, the Local Authority shall so define by delineation of such part on a map. Such separate services rate shall be made and levied on land in the benefited area defined by the Local Authority as part of the Area specially benefited by the exercise of the function referred to. Notwithstanding the provisions of subsection (5), a separate services rate made and levied pursuant to this subsection may be used for the purpose of defraying interest and redemption charges incurred by the Local Authority in respect of the particular function of local government in relation to which the separate services rate is made and levied.". 4. Amendment of s.. 24 . (1) Section 24 of the Principal Act is amended by- (a) omitting from the second paragraph of subsection (2) the words " subsections (10) and (10A) of this section " and substituting the words subsection (9) "; (b) omitting subsections (8), (9), (10), (10A), (10B) and (10c) and substituting the following subsections:- (8) Each- (il specified mining claim; (ii) dredging claim held under or within the meaning of The Mining Acts 1898 to 1967 continued in force by the Mining Act1968-1976; (iii) mining tenement (other than a claim) or area (other than a prospecting area) under or within the meaning of the Mining Act1968-1976 or The Mining Acts 1898 to 1967 continued in force by the Mining Act1968-1976: (iv) mining tenement under or within the meaning of the CoalMining Act1925-1969 continued in force by the Mining Act1968-1976; (v) residence area under or within the meaning of the Coal Mining Act1925-1969, shall be deemed to be a separate portion of rateable land and valued accordingly, notwithstanding that the same land or a portion of the same land is held under two or more distinct forms of tenure. (9) The rateable value of any specified mining claim shall be deemed to be- (a) where the area of the claim does not exceed 900 square metres, 5150 or such other amount as the Governor in Council from time to time by Order in Council determines: (b) in any other case, $450 or such other amount as the Governor in Council from time to time by Order in Council determines.

Local Government Act Amendment Act 1977, No. 23 23 7 The Local Authority shall not be required to give notice of such valuation or any alteration or amendment thereof. .(10) Every valuation of the rateable value of rateable land shall be recorded in the rate book and such other register or registers as may be prescribed.". (2) Rates levied by a Local Authority on the holder or lawful occupier of a restricted mining claim, an alluvial mineral claim or a special gem claim pursuant to the Principal Act prior to the commencement of this Act, are payable and, it is hereby declared, always have been payable by the holder or, as the case may be, lawful occupier. 5. Amendment of s. 33 . Section 33 of the Principal Act is amended by- (a) in subsection (IA), (i) omitting the first paragraph and substituting the following paragraphs:- . " (a) Except as hereinafter provided, a lawful use made of land or of a building or other structure- . (i) immediately before the date when a town planning scheme or an amendment of such a scheme becomes applicable to such land, building or other structure shall; or (ii) immediately before the date when a town planning scheme or an amendment of such a scheme became applicable to such land, building or other structure (where the scheme or amendment came into operation before the commencement of the Local Government Act Amendment Act 1977) always did, continue to be a lawful use of the land, building or other structure for so long as the land, building or other structure continues or continued to be so used notwithstanding any provision of the scheme or amended scheme to the contrary. (b) (i) The provisions of this paragraph (b) apply to a lawful use made of land or of a building or other structure such that if it had not been in existence- (A) immediately before the date when a town planning scheme or an amendment of such a scheme becomes applicable to such land, building or other structure, or (B) immediately before the date when a town planning scheme or an amendment of such a scheme became applicable to such land, building or other structure (where the scheme or amendment came into operation before the commencement of the Local Government Act Amendment Act 1977), would, having regard to the zone under the scheme or amended scheme in which the use is or, as the case may be, was carried on, be a use for which the land so used may not or could not be used or the building or other structure so used may or, as the case may be, could not be erected or used under the provisions of the scheme or amended scheme. (ii) If a lawful use to which this paragraph (b) applies is discontinued for a period of at least six months or such longer period as is prescribed in the scheme applicable to the site of such use or, where the use is of a building or structure, if the building

238 Local Government Act Amendment Act 1977, No. 23 or structure is demolished or destroyed or suffers damage that, in the opinion of the Local Authority having jurisdiction, is so substantial as to preclude the continuance of such use, that use of the land, building or structurq, in question shall cease to be a lawful use unless the Local Authority consents to that use. (iii) The provisions of this section that apply to an application to use land or to erect or use a building or structure for a purpose that under a relevant town,planning scheme is permitted only with the consent of the Local Authority concerned applies to an anpp. » li,c; ation for consent made by reason of the preceding provision (ii) numbering the second paragraph of the subsection as paragraph (c); (iii) in paragraph (c) as renumbered, (A) omitting the words ", the term "Area " includes the City of Brisbane," and substituting the word " and "; (B) omitting all words from and including the words ", the term " Order in Council " " to the end thereof; (iv) omitting the last paragraph commencing with the words " This subsection applies "; (b) inserting in the last paragraph of subsection (18) (a) after the words " of those grounds " the words " and shall be lodged with the clerk on or before the date specified in the advertisement in accordance with this subsection ".