Local Government Act Amendment Act 1981 (Qld)

260 ANNO TRICESIMO ELIZABETHAE SECUNDAE REGINAE No. 40 of 1981 An Act to amend the Local Government Act 1936-1980 in certain particulars and for related purposes [ASSENTED TO 20TH MAY, 1981

Local Government Act Amendment Act 1981, No. 40 261 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:- PART [-PRELIMINARY 1. Short title . This Act may be cited as the Local Government Act Amendment Act 1981. 2. Commencement . The Governor, by Proclamation- (a) may appoint a date on which this Act shall commence; (b) may appoint dates on which the provisions of this Act specified in the Proclamation shall commence. Such dates may be appointed in one Proclamation or in different Proclamations. This Act or a provision thereof specified in the Proclamation shall commence on the date appointed by Proclamation made under this section for the commencement of this Act, or, as the case may be, that provision. 3. Arrangement . This Act is divided into Parts as follows:- PART I-PRELIMINARY: PART I I-AMENDMENTS OF THE LOCAL GOVERNMENT ACT 1936-1980; PART III-PROVISIONS RELATING TO BUDGET FOR FLINDERS PEDESTRIAN MALL SEPARATE RATE FUND; PART IV-PROVISIONS RELATING TO LAND USE IN SHIRE OF BEAUDESERT. PART II-AMENDMENTS OF THE LOCAL GOVERNMENT ACT 1936-1980 4. Citation . (1) In this Part the Local Government Act 1936-1980 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Local Government Act 1936-1981. 5. Amendment of s. 1. Section I of the Principal Act is amended by in subsection (3) under the heading " PART XI-FUNCTIONS AND POWERS OF LOCAL GOVERNMENT-GENERAL "- (a) inserting after the expression "Section 31A-Implied by-law respecting dumping of refrigerators, etc.," the expression "Section 31a-By-laws respecting fencing swimming pools ": and (b) omitting the expression " Section 39-Buildings,". 6. Amendment of s. 3. Section 3 of the Principal Act is amended by inserting after the definition of the term " owner " the following definition:- " " Pedestrian Mall "-A road or part of a road proclaimed as a pedestrian mall pursuant to subsection (24a) of section 35 of this Act;".

262 Local Government Act Amendment Act 1981, No. 40 7. Repeal of s. 4E. (1) The Principal Act is amended by repealing section 4E. (2) Effect of Repeal. (i) If at the date of commencement of this provision an appeal instituted pursuant to a right conferred by section 4E of the Principal Act or any other legal proceeding, in respect of a claim for relief that depends upon that section being in force at any material time, has not been determined, such appeal or proceeding shall, upon the commencement of this provision, be forever stayed. (ii) Upon and after the date of commencement of this provision it shall not be competent for any person to institute an appeal pursuant to a right conferred by section 4E of the Principal Act or to claim relief that depends upon that section having been in force at any material time and if there be instituted any such appeal or a legal proceeding respecting anv such claim the appeal or, as the case may be, proceeding shall be struck out. ` 8. Amendment of s. 14 . Section 14 of the Principal Act is amended by in paragraph (vi) of subsection (4) omitting the words " two hundred and substituting the words " five hundred 9. Amendment of s. 15. Section 15 of the Principal Act is amended by inserting after subsection (2) the following subsection:- " (3) Disability of members of committees for voting on account of interest in contracts , etc. The provisions of subsection (4) of section 14 shall apply to the meetings of a committee as if the committee were a Local Authority, and a member of a committee attending a meeting of the committee were a member of a Local Authority attending a meeting of the Local Authority.". ` 10. Amendment of s. 17. Section 17 of the Principal Act is amended by in subsection (5)- (a) adding the expression " etc." after the word " contracts " where it appears in the note at the beginning of that subsection; (b) in the first subparagraph of paragraph (i) inserting after the words " entered into by the Local Authority," the words " or that any other matter in respect of which he has any pecuniary interest is to be considered by a meeting of the Local Authority, or by a meeting of a committee of the Local Authority,"; (c) inserting after paragraph (ii) the following paragraph:- (iii) An officer of a Local Authority shall not perform or engage himself to perform remunerative work outside the service of the Local Authority by which he is employed without the prior approval of that Local Authority."; (d) renumbering the existing paragraph (iii) as paragraph (iv); and (e) in paragraph (iv) as so renumbered- (A) inserting after the expression " paragraph (ii) " the expression " or paragraph (iii)"; and

Local Government Act Amendment Act 1981, No. 40 263 (B) omitting the words " two hundred " and substituting the words " five hundred ". 11. Amendment of s. 21. Section 21 of the Principal Act is amended by- (a) inserting in the second paragraph of the section immediately following- (i) the expression " General rate: " the following expressions- (I Minimum general rate levy; (113) Minimum general rate levy on certain mining tenements:" (ii) the expression (5) Separate loan rates " the expression " -A) Separate services rate: (b) omitting from the second paragraph of the section the expression "(6) Sewerage and cleansing rate, sewerage rate, and/or charges:" and substituting the following expression:- "(6) Sewerage rates and charges:": (c) omitting from the second paragraph of the section the following expression :- (l l) Separate service rate ": and (d) in subsection (9), in the first paragraph, omitting the expression "(other than the functions of sewerage, water supply. and cleansing).". 12. Amendment of s. 26. Section 26 of the Principal Act is amended by inserting after subsection (7) the following subsection:- (8) For the purposes of this section the term " rate " or " rates shall be deemed to include and to have always included any sewerage. cleansing. or water charge or charges.". 13. Amendment of s. 27. Section 27 of the Principal Act is amended by in subsection (4)- (a) omitting paragraph (1) and substituting the following paragraph:- * *(i) Power to remit rates . Notwithstanding anything contained in this Act, a Local Authority is hereby empowered, in any case where it thinks proper to do so, to remit and wholly discharge any rates made and levied under this Act, or any part of such rates, in respect of any land the owner of which is a person who is in receipt of a pension under any law of the Commonwealth or of the State.": (b) in paragraph (ii) inserting after the word " arrears " where first occurring the words " , or any part of such rates,". 14. Amendment of s. 30. Section 30 of the Principal Act is amended by inserting in paragraph five, after the word " Roads," the words " pedestrian malls,".

264 Local Government Act Amendment Act 1981, No. 40 15. Amendment of s. 33. Section 33 of the Principal Act is amended by- (a) inserting immediately after subsection (IA) the following subsection :- " (1 a) (a) Where lands in the same ownership are separated by a road and such lands are proposed to be used conjointly for a purpose that is permissible under a town planning scheme, it shall be competent for the Local Authority to enter into an agreement with the ov, ner of such lands providing for their conjoint use foc such purpose subject to the lands in question remaining in the same ownership. (b) Where an agreement pursuant to paragraph (a) has been entered into the Local Authority shall within a period of 30 days from the date thereof produce to the Registrar of Titles an application to register the agreement referred to, accompanied by an executed copy of the agreement, and the Registrar of Titles shall register that agreement upon all grants or certificates of title to the lands concerned and thereafter such agreement shall, until it is cancelled, be binding upon every person who was, at the time of making thereof, or who at any time after the making thereof becomes possessed of an estate or interest in or in connection with such lands. (c) An agreement registered pursuant to paragraph (b) may be cancelled either wholly or in part, and upon the application of the registered proprietor of the lands, the subject of the agreement, with his signature duly attested pursuant to the provisions of section 115 of the Real Property Act 1861-1980 and with the written consent of the- Local Authority endorsed thereon, the Registrar of Titles shall endorse a memorial on the grants or certificates of title to the lands concerned to the effect that the agreement is cancelled either wholly or in part as the case may be."; (b) in subsection (5) omitting from subparagraph (ii) of paragraph (m)- (i) the expression " subsection (7) " where appearing in the first paragraph and substituting the expression " subsection (18) (p) "; (ii) provision (A) and substituting the following provision:- (A) (i) a copy of the application made to the Local Authority pursuant to subsection (6A); (ii) where the applicant has given notice of the application pursuant to subparagraphs (iv), (v) and (vi) of paragraph (a) of subsection (18), a copy of the statutory declaration lodged by the applicant pursuant to paragraph (f) of subsection (18); (iii) where the Local Authority has given notice of the application pursuant to subparagraphs (iv), (v) and (vi) of paragraph (a) of subsection (18), a statement certified as to its accuracy by the clerk, stating facts that establish that the provisions of those subparagraphs have been complied with";

Local Government Act Amendment Act 1981, No. 40 265 (c) in subsection (16c) omitting subparagraph (iii) of paragraph (b), and substituting the following subparagraph:- (iii) in the case of an application for approval, consent or permission to use or erect any building or other structure for a purpose other than a service station or to use land for a purpose other than a service station, to subject the approval. consent or permission to any condition requiring any building or other structure to be set back from a road alignment except as prescribed by the scheme or by by-law"; (d) in subsection (17)- (i) in subparagraph (ii) of paragraph (a)- (A) omitting provision (A) and substituting , the following provision:- (A) in the case of an application to which subsection (6A). (15) or (16) applies, and the applicant gives notice of the application pursuant to paragraph (a) of subsection (18). 40 days from the date of compliance by the applicant with the requirements of paragraph (f) of subsection (18):": (B) redesignating provision (B) as provision (C): (C) inserting after provision (A) the following provision:- (B) in the case of an application to which subsection (6A), (15) or (16) applies and the Local Authority gives notice of the application pursuant to paragraph (a) of subsection (18)- (1) 70 days in the case of an application to which subsection (18) (a) (i) applies; or (2) 54 days in the case of an application to which subsection ( 18) (a) (ii) or (18) (a) (iii) applies. from the date of the receipt by the Local Authority of the application; or "; (D) omitting from the proviso the expression " subparagraph (A) or (B)" and substituting the expression " subparagraph (A), (B) or (C)"; (E) adding after the proviso the following provision:- " A period extended by a Local Authority pursuant to this subsection may be further extended for one or more periods by notice served upon the applicant before the expiration of the extended period: Provided that the approval of the Minister shall be obtained prior to any extension by a Local Authority of a period pursuant to this provision.": (ii) in subparagraph (iii) of paragraph (a)- (A) omitting in the first paragraph all words after the word " under " and substituting the expression " subsections (7), (15) or (16)": (B) omitting in the second paragraph -the expression " prescribed by paragraph (b)" and substituting the expression " prescribed by paragraph (j)" (e) in subsection (18c) omitting from paragraph (I)- (i) the words " of the subsection in question " and substituting the words " of this section "; and

266 Local Government Act Amendment Act 1981, No. 40 (ii) the words " with the subsection in question " and substituting the words " with this section ". 16. Amendment of s. 34. Section 34 of the Principal Act is amended by- (a) omitting subsection (1) and the headnote thereto and substituting the following subsection and headnote:- " (1) New roads and subdivisions . A person or corporation shall not- (a) cause to be opened a new road; (b) cause land to be subdivided, except in accordance with this Act."; (b) inserting immediately after subsection (12F) the following subsection:- "(12G) (a) Where pursuant to a by-law, whether made before or after the date of the coming into force of this subsection, the Local Authority has determined a minimum area for allotments in the subdivision of land then, notwithstanding the provisions of such by-law, it shall be competent for the Local Authority to approve an application for a subdivision of land (whether or not the subdivision involves the opening of a road) which provides for an allotment having an area less than the minimum prescribed in such by-law in circumstances where- (i) the land to be subdivided is intersected by a river, creek or stream or surveyed road; and (ii) the applicant for approval of a subdivision and the Local Authority have entered into an agreement that any separate and distinct part of the land which has an area less than the area prescribed in the by-laws of the Local Authority be not capable of separate disposition but that the ownership thereof be held in the same ownership as that of another separate and distinct part or other separate and distinct parts of the land in the plan of subdivision which is not or are not contiguous thereto or to each other by virtue of being separated by such river, creek or stream or surveyed road or by any part or parts thereof: Provided that the total area of those separate and distinct parts to be held in the same ownership complies with the by-laws of the Local Authority as to the minimum area for allotments. (b) Where a Local Authority has approved an application for a subdivision of land pursuant to paragraph (a) such approval shall indicate, in respect of each allotment having an area less than the minimum area prescribed by the by-laws of the Local Authority, the other allotment or allotments contained in the plan of subdivision with which the first mentioned allotment is to be held in the same ownership, and such indication shall be noted on the plan lodged for registration in the office of the Registrar of Titles pursuant to paragraph (e) of subsection (6), or paragraph (d) of subsection (8), as the case may be.

Local Government Act Amendment Act 1981, No. 40 267 (c) The Registrar of Titles is hereby empowered to register a plan of subdivision lodged with him and containing a notation by the Local Authority in accordance with paragraph (b), but shall not register such a plan unless or until there shall be produced to him an application to register the agreement referred to in paragraph (a) (ii) accompanied by an executed copy of the agreement and the Registrar of Titles shall then register such agreement upon all grants or certificates of title to the lands concerned and thereafter such agreement shall, until it is cancelled, be binding upon every person who is, at the time of making thereof, or who at any time after the making thereof, becomes possessed of an estate or interest in or in connection with such lands. (d) An agreement registered pursuant to paragraph (c) may be cancelled either wholly or in part, and upon the application of the registered proprietor of the lands, the subject of the agreement, with his signature duly attested pursuant to the provisions of section 115 of the Real Property Act 1861-1980 and with the written consent of the Local Authority endorsed thereon the Registrar of Titles shall endorse a memorial on the grants or certificates of title to the lands concerned to the effect that the agreement is cancelled either wholly or in part as the case may be."; (c) in subsection (15) in paragraph (a) inserting after the second subparagraph ending with the words "in the notice " the following subparagraph- " A period extended by a Local Authority pursuant to this subsection may be further extended for one or more periods by notice served upon the applicant before the expiration of the extended period: Provided that the approval of the Minister shall be obtained prior to any extension by a Local Authority of a period pursuant to this subparagraph.". 17. Amendment of s. 35. Section 35 of the Principal Act is amended by in subsection (24B)- (a) in paragraph (i), inserting after subparagraph (r) the following subparagraph:- " (s) Notwithstanding the provisions of this paragraph, the Governor in Council may, by Order in Council, dispense with the requirement for the proclaiming of a road or part of a road as a pedestrian mall for a trial period, where he considers it expedient so to do."; (b) in paragraph (iii)- (i) omitting subparagraph (a) and substituting the following subparagraph:- (a) Where- (i) pursuant to this subsection a road or part of a road has been proclaimed by Order in Council as a pedestrian mall for a trial period and it appears to the Local Authority that, having regard to the operation of such pedestrian mall, it is desirable that the area of the road or the part of the road, or any lesser area, be constituted a permanent pedestrian mall; or

268 Local Government Act Amendment Act 1981, No. 40 (ii) the Governor in Council has dispensed with the requirement for the proclaiming of an area of road or part of a road as a pedestrian mall for a trial period, pursuant to paragraph (i) (s), the Local Authority may make application to the Minister for the proclaiming by the Governor in Council by Order in Council of the area in question as a permanent pedestrian mall."; ( c) renumbering paragraph (vii) as paragraph (xv). (d) inserting after paragraph (vi) the following paragraphs:- (vii) By-laws. (i) The power of the Local Authority to make by-laws shall include power to make all such by-laws as are necessary or convenient for the effective control and operation of a pedestrian mail proclaimed pursuant to this subsection: provided that such by-laws shall not contravene any of the provisions contained in the Orders in Council referred to in subparagraph (n) of paragraph (i) and subparagraph (n) of paragraph ( iii), as altered from time to time pursuant to subparagraph (q) of paragraph (i) or subparagraph (q) of paragraph (iii). (ii) Without in any way limiting the power to make by-laws pursuant to this subsection, and notwithstanding any provision of the Traffic Acr 1949-1980, the Local Authority may, by by-law, specify in respect of the pedestrian mall defined in the by-law- (A) any prohibition, regulation and control of the driving, riding, leading, wheeling or standing of vehicles, velocipedes or animals in, on or across that pedestrian mall: (B) any prohibition, regulation and control of the stacking, storing or exposure of goods in, on or over that pedestrian mall and the seizure , removal, detention and disposal of any goods so stacked, stored or exposed; (C) any prohibition, regulation and control of the setting-up and use in or on that pedestrian mall of stalls, booths, stands or standing vehicles for a purpose of or in connection with the carrying on of any business, calling or employment other than the setting-up and use of a booth for religious, charitable, educational or political purposes or of a booth to be used at or near a polling place for, or for a meeting in connection with, an election in respect of either House of the Commonwealth Parliament , the Legislative Assembly or a Local Authority. (iii) When a Local Authority has made a by-law with respect to any of the matters specified in subparagraph (i) and (ii) of this paragraph as being within the powers of the Local Authority, the provisions of the Traffic Act1949-1980 concerning the matter shall cease to have force and effect in the pedestrian mall defined in the by-law. (viii) Offences . A person who in any respect contravenes or fails to comply with the provisions of an Order in Council or by-law, made pursuant to this subsection, shall be guilty of an offence under this Act and liable to a penalty not exceeding 3500 and in addition in the case of a continuing offence, to a daily penalty not exceeding S50 for each and every day on which the offence is continued.

Local Government Act Amendment Act 1981, No. 40 269 (ix) Penalties exacted by way of notice to offender - Illegal entry of vehicles etc. (a ) Where an officer, servant or person appointed by a Local Authority (such officer, servant or person being hereinafter in this subparagraph referred to as " authorised person ") finds a vehicle in a pedestrian mall, in contravention of any exclusion or restriction imposed on the movement of vehicular or other traffic therein by an Order in Council or by-law made under this subsection, he shall affix on such vehicle in a conspicuous position a notice, in writing, as specified in this subparagraph. Such notice shall- (A) be identified by a serial number; (B) be addressed to the owner of such vehicle by name, or, if the name of the owner of the vehicle is not displayed on the vehicle, be addressed to the owner of such vehicle by the registration number of such vehicle; (C) describe the vehicle the subject of the alleged offence; (D) notify that it is alleged that an offence has been committed in respect of that vehicle in the pedestrian mall: (E) state in general terms the offence which it is alleged has been committed; v (F) inform the owner in general terms that he has the right to decline to be dealt with in the manner described in provision (G) hereof and to insist on his right to a Court hearing- (i) if he desires to contest the question whether the offence alleged was in fact committed; (ii) if he wishes to submit to the Court matters in extenuation of penalty; or (iii) for any other reason he may regard as sufficient. in which event there is no. necessity for him to reply to or take any further action in respect of the notice and that Court process will issue against him in due course; (G) inform the owner in general terms that if he does not desire the matter to be dealt with by a Court, he may complete the form annexed to or endorsed or written upon such notice and forward or deliver it to the clerk (or officer nominated in that behalf and named therein) on or before the date or within the period specified in the notice (which shall not be less than ten days from the date of giving thereof), together with a sum prescribed by regulation by way of penalty, in which event he will not be liable to any further penalty or costs in the matter; and (H) inform the owner in general terms of the provisions of subparagraph (d) hereof.y (aa) Upon receipt by the clerk of a report wherein it is alleged that a vehicle has been found in a pedestrian mall in contravention of any exclusion or restriction imposed on the movement of vehicular or other traffic therein by an Order in Council or by-law made under this subsection

270 Local Government Act Amendment Act 1981, No. 40 in any case where a notice has not been affixed to the vehicle pursuant to subparagraph (a), the clerk may give to the owner of that vehicle a notice, in writing, to the like effect as the notice referred to in subparagraph (a); (b) For the purposes of subparagraphs (a) and (aa)- (i) where an offence is committed, the person who at the time of the commission of the breach was the owner of the vehicle shall be deemed to have committed that offence and may be proceeded against and shall be punished accordingly: and (ii) proof that the name and address of a person were shown upon the outside of a vehicle or upon a registration label issued pursuant to the regulations under the r1'lain Roads Act 1920- 1979, and affixed to a vehicle, or that in or upon a vehicle there was otherwise shown the name and address of a person purporting to be the name and address of the owner of that vehicle, shall be evidence that at the time when such name and address were so shown, the person whose name and address were so shown was the owner of that vehicle, and, in the absence of evidence in rebuttal thereof, shall be conclusive evidence of such ownership. (c) Subject to subparagraph (d) where a notice in writing shall have been affixed on a vehicle or given to the owner thereof pursuant to subparagraph (a) or subparagraph (aa) as the case may be and the sum of money by way of penalty shall not have been paid to the clerk or officer nominated in that behalf and named in such notice on or before the date or within the period specified therein for such payment, the alleged offence may, notwithstanding any other provision of this Act, be prosecuted upon the complaint of the clerk or of any other person authorised by him, and either against the owner or any other person whomsoever alleged to be guilty thereof. For the purposes of any such prosecution the appointment and signature of the clerk shall be judicially noticed. (d) Notwithstanding the provisions of subparagraph (b) (i) an owner of a vehicle shall not, by virtue of that subparagraph be deemed guilty of an offence not actually committed by him if not later than ten days after the day of the service of a summons for that offence- (A) he supplies to the clerk a statement in writing, verified upon oath or by statutory declaration, stating. facts which prove to the satisfaction of the clerk that some other person actually committed the offence and stating the name of that other person and the address at which he may be readily located; or (B) he supplies to the clerk a statement in writing, verified upon oath or by statutory declaration, stating facts which prove to the satisfaction of the clerk that he had sold such vehicle on a date before the time when the offence was committed and stating the name of the person to whom the vehicle was so sold and the address at which such person may be readily located, the date of the sale, and the name and address of the agent, if any, who made the sale on his behalf; or

Local Government Act Amendment Act 1981, No. 40 271 (C) he proves to the satisfaction of the clerk that, at the time of the offence, the vehicle was stolen or being used unlawfully without his consent. (e) In any proceedings in respect of an offence referred to in subparagraph ( a) against a person named in a statement referred to in provision (A) or (B) of subparagraph (d), a copy of such statement shall be served with the summons. The endorsement of a copy of such statement with an oath of service shall be evidence of such service and, in the absence of evidence in rebuttal, shall be conclusive evidence of such service. (f) Subject to subparagraph (e), the production by the prosecutor of a statement referred to in provision (A) or (B) of subparagraph (d) shall be evidence of the facts stated therein and, in the absence of evidence in rebuttal, shall be conclusive evidence of those facts. (x) A person shall not assault or use insulting or abusive language to an authorised person who is exercising any of his powers under this subsection or is attempting so to do. Penalty: $200. (xi) A person shall not fail to comply with a requisition directed to him under this subsection by an authorised person or, in response to such a requisition, give any information that is false or misleading. Penalty: $200. (xii) A person shall not hinder or resist an authorised person who is exercising any of his powers under this subsection or is attempting so to do. Penalty: $200. (xiii) An authorised person shall not incur any liability on account of anything done for the purposes of this subsection or done bona fide purportedly for the purposes of this subsection. (xiv) In proceedings for an offence against this subsection a statement in the complaint that the defendant named therein has not proceeded in the manner described in paragraph (ix) (a) (G) or paragraph (ix) (d) as the case may be, within the time appointed in a notice given to him pursuant to these paragraphs, is evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein.". 18. Amendment of s. 49E. Section 49E of the Principal Act is amended by, in subsection (4A), in the second paragraph inserting the word " traffic " after the word " minor ". 19. Amendments of Third Schedule . The Third Schedule to the Principal Act is amended by- (a) in rule 49 (11) omitting the words " not less than one dollar and not more than four dollars " and substituting the words " not more than ten dollars "; (b) in rule 55- (i) omitting the word " polling booth " where it appears in the heading and in the first paragraph and substituting the word " polling place " in each case;

272 Local Government Act Amendment Act 1981, No. 40 (ii) inserting the word " candidate " after the words " poll clerk,": (c) inserting a new rule 61A as follows:- 61A. Duplicate Ballot Paper in certain cases. (1) The returning officer or presiding officer may, if he thinks fit, issue a second postal ballot paper to an elector if the original postal ballot paper has been miscarried, destroyed or accidently defaced, but in such case the elector shall first make a declaration in the prescribed form before a justice of the peace or the returning officer or the presiding officer that the original postal ballot paper has been so miscarried, destroyed or accidently defaced and that he has not already voted at the election. 1n the case where a postal ballot paper is defaced the elector shall deliver to the returning officer or presiding officer the original postal ballot paper. The returning officer or presiding officer shall before the issue of the second postal ballot paper, place the original postal ballot paper inside the envelope endorsed with the declaration, and, after securely fastening the envelope, set it aside in separate custody. (2) An elector who is eligible for a second postal ballot paper shall he permitted, if he so elects, to- (I) be issued with a second postal ballot paper pursuant to this rule for the purpose of voting in accordance with rule 61 ; or (ii) vote- (a) at the office of the Local Authority before polling day: or (b) at a polling place on polling day, in accordance with subrule (4) of this rule. (;) Where an elector elects to be issued with a second postal ballot paper pursuant to subrule (2) (i) the returning officer or presiding officer shall issue the elector with a fresh certificate endorsed upon an envelope and a fresh envelope addressed to the returning officer and thereupon the elector shall record his vote in accordance with rule 61. (4) Where an elector elects to vote pursuant to subrule (2) (ii) of this rule- (a) the returning officer or presiding officer shall give to the elector a postal ballot paper, but shall retain the envelope endorsed with the declaration of that elector; (b) that elector shall, in a compartment provided at the polling place, record his vote in the manner prescribed, and immediately thereafter fold up the postal ballot paper so as to conceal the manner in which he has voted and deliver it to the aforementioned returning officer or presiding officer: (c) the returning officer or presiding officer shall then, in the presence of the elector, and without unfolding the postal ballot paper, enclose it in the envelope bearing the declaration of that elector and, after securely fastening the envelope, place it aside in separate custody until he shall have dealt with it as hereinafter provided in this rule.

Local Government Act Amendment Act 1981, No. 40 273 (5) The returning officer or presiding officer shall make, in the prescribed form, a record of the name and address of every person permitted by him to vote under this rule. (6) Forthwith upon the close of the poll, every presiding officer shall- (a) enclose in a securely fastened outer envelope all envelopes containing votes permitted by him under this rule, together with the record of the persons permitted those votes: (b) transmit by post or otherwise every such outer envelope, properly addressed, to the returning officer. (7) At the scrutiny, the returning officer shall produce unopened all envelopes received by him containing votes permitted under this rule and shall deal with the contents as follows:- (a) without in any way unfastening, or permitting or allowing to be in any way unfastened, any envelope immediately containing a ballot paper- (i) compare the signature of the voter upon the envelope with the signature to the application by that person for a postal vote and allow the scrutineers and candidates who are present to inspect the same and determine whether the signature on such envelope is that of the applicant: (ii) satisfy himself by examining the declaration of the voter upon that envelope and the original application by that person for a postal vote that the declaration is in order: and (iii) by inquiry as he deems necessary, satisfy himself that the voter is a person permitted to vote under this rule: (b) satisfy himself that the voter has not voted otherwise for the Area or division at the election. (8) (a) Lf, in respect of any vote permitted under this rule, the returning officer is not satisfied in every respect as required by the provisions of subrule (7), he shall reject that vote and shall, without in any way unfastening or permitting or allowing to be in any way unfastened the envelope containing it, set that envelope aside for separate custody. (b) Subject to rule 28, the returning officer shall also reject and set aside for. separate custody every envelope purporting to contain a vote permitted under this rule which does not bear thereon the form of declaration prescribed under thi-s rule. (c) If, in respect of any vote permitted under this rule, the returning officer is satisfied in every respect as required by the provisions of subrule (7), but not otherwise, he shall open the envelope containing the ballot paper and, without then unfolding the ballot paper, place it in a ballot box and set the envelope aside for separate custody.

274 Local Government Act Amendment Act 1981, No. 40 (d) When the returning officer shall have dealt with all the envelopes containing votes permitted under this rule produced by him at the scrutiny at any one and the same time he shall open the ballot box and count in the manner prescribed by these rules such and so many ballot papers recording those votes as he shall have placed therein: and shall so proceed in respect of every such time until the day when all votes permitted under this rule shall have been received and dealt with by him."; (d) in rule 62A- (i) inserting in subrule (I) after the words " fourteen days " the words " (or such longer period as the returning officer may conveniently allow and publicly notify) "; (ii) omitting subrules (2) and (3) and substituting the following- (2) Upon receipt of the application for a postal vote certificate the returning officer or presiding officer, if satisfied that the applicant is entitled to vote under this rule shall deliver to such elector a postal ballot paper.. The returning officer or presiding officer shall endorse each application to the effect that a postal ballot paper has been issued and sign the endorsement."; (iii) omitting from subrule (4) the words " and deliver it to the aforementioned returning officer or presiding officer " and substituting the words " and deposit it in the ballot box provided pursuant to subrule (8), in the presence of the returning officer or presiding officer "; (iv) omitting subrule (5): (v) adding to subrule (6) the following expression and proviso:- Provided that if any elector satisfies the returning officer or presiding officer that he is blind, or that his sight is so impaired, or that he is so physically incapacitated that he is unable to vote without assistance, the returning officer or presiding officer shall permit another elector appointed by the voter to enter an unoccupied compartment with such elector and mark, fold and deposit such elector's ballot paper for him (vi) omitting the first paragraph. of subuile (71 and substituting the following:- " A returning officer shall declare the public office or part of such office of the Local Authority as a polling place for the purposes of this rule and rule 61A (4) and no elector shall take out of such declared polling place any postal ballot paper delivered to him pursuant to this rule, either before or after the same has been marked: "; (vii) omitting from the proviso to subrule (7) the words " sealed in the envelope and "; (viii) omitting from subrule (8) the words " the envelopes containing "; (ix) inserting after subrule (9), the following subrule- (10) The returning officer shall at the scrutiny open the separate ballot box referred to in this rule and count in the manner prescribed by these rules the postal ballot papers contained therein.";

Local Government Act Amendment Act 1981, No. 40 275 (e) in the first paragraph of rule 63 inserting the words " or who has voted at the office of the Local Authority pursuant to rule 62A after the words " has been issued "; (f) in rule 65- (i) omitting from subrule (1) the words " At the scrutiny the returning officer shall " and substituting the words " Subject to subrule (Ib) the returning officer shall at the scrutiny "; (ii) omitting from subrule (la) the words " shall take the contents of the separate ballot box delivered to him pursuant to rule 62A from the ballot box and shall deal with such contents and " and substituting the words " shall deal with "; (iii) adding in subrule (I a) (b) after the word " scrutineers " the words " and candidates (iv) adding in subrule (la) (d) after the figures " 28 ", the words and subrule (I b) of this rule ": (v) adding a new subrule (I b) as follows:- (I b) The returning officer may, subject to at least two days' written notice to each candidate of his intention to do so. produce and deal with postal voters' envelopes and the contents thereof in accordance with subrules (I) and (la), at any time after 10 a.m. on polling day, but shall not proceed to open any ballot box and count postal ballot papers in accordance with subrule (2) until after 6 p.m. on such day ". (g) in rule 66 omitting the words " and 62A " and substituting the words ", 61A and 62A "; (h) in rule 73- (i) omitting from the third paragraph of subrule 41) the words by post " and substituting the words . by post to the returning officer or cause the same to be delivered to him (ii) omitting subrule (2); (iii) omitting from the first paragraph of subrule (7) the words " original ballot paper has miscarried or has been destroyed " and substituting the words " original ballot paper has been miscarried, destroyed or accidently defaced ": (iv) inserting in the second paragraph of subrule (7) after the word destroyed " the words " or accidently defaced ": (v) inserting after the first paragraph of subrule (8) the following new paragraph:- - The returning officer shall also deposit in the ballot box referred to in rule 72 every postal voters' envelope delivered to him at the office of the Local Authority between the day ballot papers are posted to voters and ten o'clock in the morning of the day appointed for closing the poll."; (vi) omitting from the paragraph of subrule (8) commencing "All envelopes " the words " through the post ". (i) in rule 77 adding after subrule (7) the following subrule:- (8) Notwithstanding the requirement of subrule (1) that in a case where the poll for the same Area is in part taken by ordinary ballot the returning officer shall not deal with the ballot papers as prescribed by this

276 Local Government Act Amendment Act 1981, No. 40 rule until 6 o'clock in the afternoon on polling day, the returning officer, subject to at least two days' written notice to each candidate of his intention to do so, in the presence of his poll clerk if any, and of such of the candidates and scrutineers as may attend- (a) may proceed to deal with the ballot papers at a time on polling day not earlier than 10 o'clock in the morning, in the manner set forth in subrule (2); (b) shall forthwith after completing the proceedings prescribed by subrule (2) secure the receptacle containing the forms of declaration by locking the same and retaining the key; (c) shall not otherwise deal with the ballot papers as prescribed by this rule until after 6 o'clock in the afternoon on polling day.". PART III-PROVISIONS RELATING TO BUDGET FOR FLINDERS PEDESTRIAN MALL SEPARATE RATE FUND 20. Interpretation . (1) In this Part, unless the contrary intention appears- " the Act " means the Local Government Act 1936-1980; " the Council " means the Council of the City of Townsville constituted pursuant to the provisions of the Act. (2) Where in this Part a term is used that is not-defined in this Part but is defined in the Act, such term, unless the contrary intention appears, shall have the meaning given to it by the definition in the Act. 21. Framing and adoption of budget . (1) Upon the commencement of this Part of this Act and subject to subsection (2), the Council may frame and adopt, in respect of the fund referred to in section 22, a budget for the year commencing 1 July 1980, in accordance with this Part and in accordance with the Act, notwithstanding those provisions of section 25 of the Act that stipulate times on or before which a budget shall be respectively framed and adopted. (2) A budget framed and adopted in accordance with subsection (1) shall be so adopted by the Council within 30 days after the commencement of this Part of this Act and any separate rate or rates to be made and levied by the Council as hereinafter in this Part provided shall be founded thereon. 22. Establishment of separate fund . The Council shall establish a separate fund, called the Flinders Pedestrian Mall Separate Rate Fund, (hereinafter called " the fund ") in respect of any separate rate or separate rates to be made and levied by the Council as hereinafter in this Part provided.

Local Government Act Amendment Act 1981 , No. 40 277 23. Making and levying of separate rate. (1) The Council may make and levy, in respect of the year commencing 1 July 1980 a separate rate or separate rates pursuant to the provisions of subsection (4) of section 21 of the Act for the particular function of local government, namely the operation and maintenance of the Flinders Pedestrian Mall and in connection therewith, may exercise the powers and shall comply with the requirements contained in the said subsection (4) of section 21 of the Act. (2) The provisions of the Act relating to the levying and recovery of rates apply to rates levied by the Council pursuant to this section. 24. Distribution and reimbursement of moneys . (1) On the establishment of the fund and, notwithstanding any provisions of the Act, the Council shall transfer to the fund, from the general fund, all moneys received by the Council in respect of the particular function of local government referred to in section 23, during the period commencing on the 1st July 1980 and ending on the date of the establishment of the fund that have not been expended on such particular function. (2) Notwithstanding any provisions of the Act, moneys received by the Council in respect of the separate rate or separate rates made and levied pursuant to section 23, may be transferred to the general fund, for the purpose of reimbursing that fund for moneys expended therefrom in connection with the particular function of local government referred to in section 23, during the period commencing on the 1st July 1980 and ending on the date of the establishment of the fund. PART 1V-PROVISIONs RELATING TO LAND USE IN SHIRE OF BEAUDESERT 25. Interpretation . (1) In this Part, unless the contrary intention appears- " the Act " means the Local Government Act 1936-1980; " the Council " means the Council of the Shire of Beaudesert constituted pursuant to the provisions of the Act. (2) Where in this Part a term is used that is not defined in this Part but is defined in the Act, such term, unless the contrary intention appears shall have the meaning given to it by the definition in the Act. 26. Protection of certain existing uses of land . (1) Subject to subsection (2), the use on or after 15th September 1973 of any land, building or other structure,. or part of any land, building or other structure in that part of the Area of the Shire of Beaudesert specified in Schedule 1 for any of the following purposes- (a) dairy premises; (b) fertile egg farms; (c) hatcheries;

278 Local Government Act Amendment Act 1981, No. 40 (d) meatworks ; (e) nurseries; (f) piggeries; (g) poultry broiler farms; (h) produce packing sheds and produce stores; (i) silos; (j) stables and yards; (k) any other purpose, if the approval of the Council to the erection or use of any building or other structure in which the use is or was carried on has or had been obtained, shall not be held to be unlawful or to have been unlawful at any time before the commencement of this Part by reason only of the fact that the consent of the Council to such use under any interim development by-law in force in that part of the Area has or had not been granted. (2) The provisions of subsection (l) shall not apply to the use on and after the 3rd March 1981 of any land, building or other structure or part of any land, building or other structure specified in that subsection for a purpose mentioned therein unless such use commenced before the 3rd March 1981. SCHEDULE I Commencing on the southern boundary of the State at Mount Hobwee and bounded thence by the Beechmont Range northerly to portion 178, parish of Numinbah by the southern and-eastern boundaries of that portion, by the south-eastern and western boundaries of portion 177, by the western and northern boundaries of portion 176, by the eastern boundaries of portions 5, 8v, and 7v, parish of Roberts, by the west boundary of R.362 (The State Farm-Whitinbah) parish of Numinbah, by the south and west boundaries of portion 17v, by the east and north boundaries of portion 6v, by the north-western boundaries of portion 40, R.595 and portion 46, by the north boundary of portion 46, by the west boundaries of portions 201 and 43, by the south-western and east boundaries of portion 42, by the east boundary of portion 41, by the south boundary of portion 106, parish of Gilston, to a point south from the south-west corner of subdivision 1 of resubdivision 2 of subdivision 1 of that portion, by a line and the west boundary of that subdivision, by the north boundary of portion 106 by the south, west and north boundaries of portion 27, parish of Witheren, by the northern and north-eastern boundaries of portion 15v, by the south and east boundaries of portions 46v, and 28, by the north-eastern boundary of portion 94, by the *south and east boundaries of portion 92, by the east boundary of portion 88, by the south, east and north boundaries of portion 78 to the Coomera River, by that river downwards to the north-east corner of portion 20v, parish of Cedar, by the northern boundary of that portion, by the south-western, western, and northern boundaries of portion 32, by the eastern boundary of portion 87, by the southern and western boundaries of portions 90,

Local Government Act Amendment Act 1981 , No. 40 279 27v, and 89, by the southern and eastern boundaries of portion 88, by the east and north boundaries of portions 61, parish of Cedar, and 113, parish of Tamborine, by the eastern and northern boundaries of portion 20v, parish of Tamborine, by the northern boundary of portion 130, by the eastern and northern boundaries of portion 133, by the northern boundary of portion 119, by the road northerly intersecting R.326 (State Forest) to the south-west corner of portion 8v, by the western boundary of that portion, by the southern and western boundaries of portions 4v and 15A to Cedar Creek, by that Creek and the Albert River downwards to the north corner of portion 2, parish of Wickham, by a line west to the eastern boundary of portion lv, by the east, south, and west boundaries of that portion, by the south boundary of portion 14, by the east and north boundaries of portion 37, by the north boundary of portion 13, by the west and north boundaries of portion 14, by the east boundary of portion 17v, parish of Boyd, by the south boundary of portion 385, parish of Moffat, by a line north-west to the south-east corner of portion 23, by the south boundaries of that portion and portions 388, 191 and a line, by the south boundary of portion 185 to the Logan River, by that river upwards to the south-east corner of portion 40, parish of Maclean, by the south boundaries of that portion and portion 41 and a line, by the south boundary of portion 320 and a line, by the south boundary of portion 23 to the Sydney Brisbane Railway, by that railway northerly to its northernmost intersection with the east boundary of portion 437, parish of Perry by that boundary and a line, by the south boundary of portion 429 to Oxley Creek, by that creek upwards to the south corner of portion 21 v, parish of Stapylton, by the southern boundary of that portion and portions 20v, 19v and 18v, by a line south-west to the south-east corner of portion 17v, by the south boundaries of portions 17v, 16v, 15v and 14v, by the west boundaries of 14v, 30v, 31v and 37v, by the west and north boundaries of portion 49, by the north and west boundaries of portion 50, by the west boundaries of portions 66 and 64, by the north and west boundaries of portions 200, 206, and 208, parish of Bundamba, by the south and south-western boundaries of portion 225, by the east and north boundaries of portion 205, by the east and south boundaries of portions 215 and 221, by the western boundary of portion lv, parish of Undullah, by the north and west boundaries of portions 131 and 2v, by the southern boundary of portion 2v, by the western and southern boundaries of portion 7v by the western boundary of portion 60, of R.475 and again of portion 60, by the boundaries of portion 45 south-westerly, east, south and west, by the northern and western boundaries of portion 40a, by the western boundaries of portions 40 and 41, by the north and west boundaries of portion 68, by the northern boundaries of portions 40 and 227a, parish of Dugandan, by the west boundary of portion 227a, by the west and south boundaries of portion 227, by the western boundary of portion 21v, by the northern, western, and southern boundaries of portion 54v, by the boundaries of portion 12v, east and south, by the boundaries of portion 53v; west, south, east and south-westerly, by the western and southern boundaries of portion 20v, by the southern boundaries of portions 29v, 27v, 40v, and 56v, to the south-east corner of the lastmentioned portion; by a line east intersecting portion 45v to the north-west boundary of

280 Local Government Act Amenchnent Act 1981, No. 40 portion 30, by the north-western and north boundaries of that portion, by the northern boundary of portion 17 to Teviot Brook, by that brook upwards to the north corner of portion 40a, by the eastern and south-eastern boundaries of that portion, by the south-eastern boundary of portion 19v, by the northern and north-western and south-western boundaries of portion 95, parish of Bromelton, by the north-western, north-east, south-east, and south-west boundaries of portion 11, by the north-west and south-west boundaries of portion 366, parish of Tamrookum, by the western boundary of portion 19v, by the north and west boundaries of portions 365 and 363, by the west boundary of portion 347, by the north, east, and south-east boundaries of portion 45v, parish of Knapp, by the north-west and south boundaries of portion 60. by the north-west and south-west boundaries of portion 44v, by the south-western boundary of portion 37v to Knapp Creek, by that creek downwards to the east corner of portion 37, by the south-eastern and southern boundaries of that portion, by the north-western and south-western boundaries of portion 43v, by the west and south boundaries of portion 57, parish of Palen, by the west boundary of portion 58v, by the north and west boundaries of portion 77v, by the western and north-western boundaries of portion 96v, by the northern and western boundaries of R.322 (National Park), by the western and southern boundaries of portion 122v, by the western boundary of portion 132v, to Mount Barney Creek, by that creek upwards to its source on the southern boundary of the State, and by that boundary easterly and north-easterly to the point of commencement, exclusive of the area described as follows, Commencing on the north-west corner of portion 23, parish of Bromelton and bounded thence by the west boundary of that portion, by the west boundaries of portion 24 and sub. 2 of portion 57, by the south boundary of sub. 1 of portion 57 to a point north from the. north-west corner of portion 83, by a line thereto, by the west boundaries of portion 83 and 37 and a line, by the north, west and south boundaries of portion 8, by the west boundary of portion 7, by a line south-east to the north-west corner of portion 6, by the west boundaries of portion 6 and 16 to Sandy Creek, by that Creek downward to the Logan River, by that river downwards to the west corner of portion 20, parish of Beaudesert, by the south-west boundary of that portion and a line, by the south-west and south boundaries of portion 23 and a line, by the south boundaries of portions 40v, and 39v and a line, by the south boundary of portion 37v and a line, by the south boundary of portion 35v, by a line east to the south-west corner of portion 27v, by the south and east boundaries of that portion, by the east boundaries of portions 26v, 25v, and 14v, by the south and east boundaries of portion 13v, by a line north to the south-west corner of portion 12, parish of Nindooinbah, by the west and northern boundary of that portion to a point south from the south-east corner of portion 16, by a line thereto, by the east boundary of portion 16, by the east and north boundaries of portion 107, by the eastern and north boundaries of resub. 9 of sub. 4 of portion 138, parish of Logan, by the east boundaries of resubs. 8, 7, 4 and I of sub. 4 of portion 138 by a line north-east to the south-east corner of resub. 2 of sub. 4 of portion 138 by the east and northern boundary of that resub. and a line, by the north boundaries of resub. I of sub. 4 of portion 138, by a line

Local Government Act Amendment Act 1981, No. 40 281 north-west to the east corner of resub. 2 of sub. 2 of resub . IA of sub. 3 of portion 138 , by the eastern and northern boundaries of that resub. by the east and north boundaries of portion 130, by the north boundary of portion 113 to the north - east corner of portion 110, by a line north to a point east of the south - east corner of portion 9, by a line thereto by the south boundary of that portion and a line, by the south boundary of portion 3 to the Logan River by that river downwards to the north-east corner of portion 18, parish of Bromelton , by the north boundary of that portion and by the east and north boundaries of portion 23 to the point of commencement; ^0-xnvx