Local Government Act Amendment Act 1983 (Qld)

91 ANNO TRICESIMO SECUNDO ELIZABETHAE SECUNDAE REGINAE No. 8 of 1983 An Act to amend the Local Government Act 1936-1982 in certain particulars [ASSENTED TO 3 1ST MARCH, 1983]

92 Local Government Act Amendment Act 1983, No. 8 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 . This Act may be cited as the Local Government Act Amendment Act 1983. 2. Commencement . (1) Section 1, this section and section 7 shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act or the provisions thereof specified in the Proclamation shall commence on the day or days appointed by Proclamation for the commencement of this Act or, as the case may be, those provisions. 3. Principal Act and citation as amended . (1) In this Act the Local Government Act 1936-1982 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Local Government Act 1936-1983. 4. Amendment of s. 3 . Interpretation and definitions . Section 3 of the Principal Act is amended by, in subsection (1), inserting after the definition " Specified mining claim " the following definition:- Stock "-Cattle, sheep, horses and goats; ". 5. Amendment of s. 5. Section 5 of the Principal Act is amended by in subsection (1), in paragraph (iii) C (a) omitting the expression " 90 " where twice occurring and substituting the expression " 30 " in each case. 6. Amendment of s. 6 . Section 6 of the Principal Act is amended by, in subsection (1), in paragraph (ii), omitting the third paragraph. 7. Amendment of s. 7. Section 7 of the Principal Act is amended by, in subsection (5)- (a) inserting after paragraph (d) the following paragraph:- " (da) A member appointed to be chairman pursuant to paragraph (d) shall, subject to this Act, hold office until the conclusion of the next triennial election."; (b) in paragraph (e) inserting after the words " then in office " the expression " (other than a chairman appointed pursuant to paragraph (d)) ". 8. Amendment of s. 19 . Section 19 of the Principal Act is amended by- (a) in subsection (4), (i) in the second paragraph, omitting the expression " $1,000 " and substituting the words " $3,000 or such other amount as the Governor in Council from time to time by Order in Council determines (he being hereby thereunto authorised)";

Local Government Act Amendment Act 1983, No. 8 93 (ii) in the fourth paragraph, omitting the expression " $6,000 " and substituting the words " $10,000 or such other amount as the Governor in Council from time to time by Order in Council determines (he being hereby thereunto authorised)"; (b) inserting at the end of the section the following subsection:- (7) Subsection (4) does not apply to a contract entered into by a Local Authority for the purchase of motor vehicles under the Government Services Contract pursuant to arrangements made by the Local Authority with the State Stores Board.". 9. Amendment of s. 29. Section 29 of the Principal Act is amended by- (a) in subsection (5), in paragraph (iii), in the second paragraph, (i) inserting after the words " such fund " the words " (except disbursements in respect of expenditure approved by the Local Authority in emergent or extraordinary circumstances pursuant to this Act) "; (ii) inserting after the word " budget " where lastly occurring the words " (except disbursements in respect of expenditure approved by the Local Authority in emergent or extraordinary circumstances pursuant to this Act) "; (b) in subsection (8), in the first paragraph, inserting after the word " budget " the words " (except disbursements in respect of expenditure approved by the Local Authority in emergent or extraordinary circumstances pursuant to this Act) "; (c) in subsection (9), (i) in paragraph (ii), inserting after the words " budget therein mentioned " the words " (except disbursements in respect of expenditure approved by the Local Authority in emergent or extraordinary circumstances pursuant to this Act) "; (ii) in paragraph (iii), omitting the second paragraph. 10. Amendment of s. 30 . Local Authority charged with exercise and performance of functions of local government . Section 30 of the Principal Act is amended by in the fifth paragraph, in the subparagraph commencing with the words " Roads, pedestrian malls, bridges,", inserting after the words " pounds and impounding; " the words " facilities to provide water and storage of food for stock during times of drought or other natural adversity; ". 11. Amendment of s. 33 . Section 33 of the Principal Act is amended by- (a) in subsection (5), (i) in paragraph (a), omitting the first paragraph and substituting the following paragraph:- " The Local Authority may at any time and from time to time make application to the Minister to amend a town planning scheme by- (i) excluding land from a zone and including the land so excluded in another zone;

94 Local Government Act Amendment Act 1983, No. 8 (ii) where pursuant to section 95 (1) of the Harbours Act 1955-1982 any reclaimed land is part of the Area of the Local Authority, including that land in a zone; or (iii) making any other amendment to the scheme that the Local Authority considers desirable."; (ii) in paragraph (b), omitting subparagraph (ii) and substituting the following subparagraph:- "(ii) paragraph (d), in a case where the amendment relates to a proposal referred to in subparagraph (i) or (ii) of the first paragraph of paragraph (a) (other than a proposal to exclude land from a zone and to include the land so excluded in another zone for the purposes of a development control plan or in accordance with a determination of the Local Authority upon a review of the scheme pursuant to subsection (4) (b))."; (iii) in paragraph (d)- (A) inserting in subparagraph (ii) (B) (3) before the words " the zone " the words " where the land is included in a zone,"; (B) inserting in subparagraph (ii) (B) (5) after the word " rezoning " the words " or its inclusion in a zone, as the case may be "; (C) inserting in subparagraph ( iii) (B ) before the words " the zone " the words " where the land is included in a zone,". (b) in subsection (6), (i) omitting paragraph (a) and substituting the following paragraph:- "(a) The Governor in Council on the recommendation of the Minister, may at any time and from time to time amend a town planning scheme by- (i) excluding land from a zone and including the land so excluded in another zone; (ii) where pursuant to section 95 (1) of the Harbours Act 1955-1982 any reclaimed land is part of the Area of the Local Authority, including that land in a zone; or (iii) making any other amendment to the scheme that he considers desirable."; (ii) in paragraph (b), omitting subparagraph ( ii) and substituting the following subparagraph:- (ii) where the recommendation is for an amendment of the type referred to in subparagraph ( i) or (ii ) of paragraph (a), shall comply with the requirements of paragraph (d)." (iii) in paragraph (d)- (A) inserting in subparagraph ( ii) (B) (3 ) before the words " the zone " the words " where the land is included in a zone,"; (B) inserting in subparagraph ( ii) (B) (5 ) after the word " rezoning " the words " or its inclusion in a zone, as the case may be ";

Local Government Act Amendment Act 1983, No. 8 95 (C) inserting in subparagraph (iii) (A) (2) before the words " the zone " the words " where the land is included in a zone,". (c) in subsection (6A), in paragraph (b) (iv) (D), inserting after the word " land " the words " and whether in connexion therewith it is proposed to subdivide the land to facilitate that use "; (d) in subsection (16c), in paragraph (a), (i) omitting the expression " relates." and substituting the expression " relates: "; (ii) adding the following proviso to the paragraph:- Provided that this paragraph (a) shall not apply to a requirement imposed by the Local Authority pursuant to subsection (18E) or section 34 (12x)." (e) inserting after subsection (18D) the following subsections:- (18E) Contributions towards and payments of costs of water supply and sewerage works by applicant for rezoning or consent . (a) Where, after the commencement of section 11 (e) of the Local Government Act Amendment Act 1983- (i) an application referred to in subsection (18) (a) (i), (18 ) (a) (ii) or (18) ( a) (iii ) is made to a Local Authority; (ii) the Local Authority decides that water or sewerage or water and sewerage should be made available to the land (hereinafter in this subsection referred to as " the relevant land ") that is the subject of the application or, as the case may be, whereon a building or other structure, the subject of the application is proposed to be erected or used; (iii) the Local Authority has constructed or is constructing a water supply scheme or a sewerage scheme or both a water supply scheme and a sewerage scheme that is, are or, as the case may be, will be capable of servicing the relevant land with or without augmentation; and (iv) the Local Authority is prepared to provide or has already provided as a part of that scheme or, as the case may be, those schemes headworks that are adequate to make available water or sewerage or both water and sewerage to land that includes or comprises the relevant land, the Local Authority may, as a condition of its granting the application, require the applicant to pay to the Local Authority- (v) in the case of an application referred to in paragraph (18) (a) (i) wherein it is stated that, having regard to the use which is desired to be made of the relevant land, it is proposed to subdivide the relevant land- (A) where the Local Authority is prepared to make available water to the relevant land, a contribution towards the cost incurred or to be incurred by the Local Authority in providing the appropriate water supply headworks;

96 Local Government Act Amendment Act 1983, No. 8 (B) where the Local Authority is prepared to make available sewerage to the relevant land, a contribution towards the cost incurred or to be incurred by the Local Authority in providing the appropriate sewerage headworks; (vi) in the case of an application referred to in subsection ( 18) (a) (i) wherein it is stated that, having regard to the use which is desired to be made of the relevant land, it is not proposed to subdivide the relevant land- (A) where the Local Authority is prepared to make available water to the relevant land- (1) a contribution towards the cost incurred or to be incurred by the Local Authority in providing the appropriate water supply headworks; and (2) the cost or a contribution towards the cost, as provided for in paragraph (c), incurred or to be incurred by the Local Authority in providing the appropriate water supply works external ; (B) where the Local Authority is prepared to make available sewerage to the relevant land- (1) a contribution towards the cost incurred or to be incurred by the Local Authority in providing the appropriate sewerage headworks; and (2) the cost or a contribution towards the cost, as provided for in paragraph (c), incurred or to be incurred by the Local Authority in providing the appropriate sewerage works external; (vii) in the case of an application referred to in subsection (18) (a) (ii)- (A) where the Local Authority is prepared to make available water to the relevant land- (1) a contribution towards the cost incurred or to be incurred by the Local Authority in providing the appropriate water supply headworks; and (2) the cost or a contribution towards the cost, as provided for in paragraph (c), incurred or to be incurred by the Local Authority in providing the appropriate water supply works external ; (B) where the Local Authority is prepared to make available sewerage to the relevant land- (1) a contribution towards the cost incurred or to be incurred by the Local Authority in providing the appropriate sewerage headworks; and (2) the cost or a contribution towards the cost, as provided for in paragraph (c), incurred or to be incurred by the Local Authority in providing the appropriate sewerage works external;

Local Government Act Amendment Act 1983, No. 8 97 (viii) in the case of an application referred to in subsection (18) (a) (iii)- (A) where the Local Authority is prepared to make available water to the relevant land- (1) a contribution towards the cost incurred or to be incurred by the Local Authority in providing the appropriate water supply headworks; and (2) the cost or a contribution towards the cost, as provided for in paragraph (c), incurred or to be incurred by the Local Authority in providing the appropriate water supply works external; (B) where the Local Authority is prepared to make available sewerage to the relevant land- (1) a contribution towards the cost incurred or to be incurred by the Local Authority in providing the appropriate sewerage headworks; and (2) the cost or a contribution towards the cost, as provided for in paragraph (c), incurred or to be incurred by the Local Authority in providing the appropriate sewerage works external. (b) Where after the commencement of section 11 (e) of the Local Government Act Amendment Act 1983- (i) an application referred to in subsection ( 18) (a) (i), (18 ) ( a) (ii) or (18) ( a) (iii ) is made to a Local Authority; (ii) the Local Authority decides that water or sewerage or water and sewerage should be made available to the relevant land; (iii) the Local Authority does not operate and is not presently constructing a water supply scheme or a sewerage scheme or both a water supply scheme and a sewerage scheme that is, are or will be capable of servicing the relevant land; and (iv) the Local Authority is prepared to construct a scheme or schemes referred to in subparagraph (iii) and to provide as part of that scheme or, as the case may be, those schemes headworks that are adequate to make available water or sewerage or both water and sewerage to land, that includes or comprises the relevant land, the Local Authority may, as a condition of its granting the application, require the applicant- (v) where the relevant land is the only land that will be serviced by the water supply headworks or sewerage headworks or water supply headworks and sewerage headworks, to pay to the Local Authority the cost of providing the headworks concerned; (vi) where the relevant land and other land will be serviced by the water supply headworks or sewerage headworks or water supply headworks and sewerage headworks, to pay to the Local Authority a contribution towards the cost of providing the headworks concerned;

98 Local Government Act Amendment Act 1983, No. 8 (c) For the purposes of paragraph (a)- (i) where the relevant land is the only land that will be serviced by the water supply works external or, as the case may be, the sewerage works external, the applicant may be required to pay the costs incurred or to be incurred by the Local Authority in providing those works; (ii) where the relevant land and other land will be serviced by the water supply works external or, as the case may be, sewerage works external, the applicant may be required to pay a contribution towards the costs incurred or to be incurred by the Local Authority in providing those works. (d) Where consequent upon the making of an application referred to in subsection (18) (a) (i), (18) (a) (ii) or (18) (a) (iii) the Local Authority requires the applicant to pay pursuant to paragraph (a) or (b) the cost or a contribution towards the cost of any works provided or to be provided in connexion with the use of the relevant land and that requirement is satisfied, then if a further such application is made which relates to that land, the Local Authority shall not in relation to that subsequent application require the applicant to pay the cost or a contribution towards the cost of any such works unless- (a) the use then to be made of that land will, in the opinion of the Local Authority, create a greater demand on the works; and (b) the amount of any such cost or contribution does not exceed the cost of satisfying that greater demand. (e) The amount of any contribution required to be paid to a Local Authority under this subsection or under section 34 (12H) shall be determined in accordance with a policy fixed from time to time by the Local Authority by resolution. (f) A policy fixed by the Local Authority pursuant to paragraph (e) shall- (i) specify the method or methods adopted by the Local Authority for determining the amount of any contribution to be made by an applicant towards the cost of water supply headworks, sewerage headworks, water supply works external or sewerage works external under this subsection or under section 34 (12H); (ii) specify the works, structures or equipment which the Local Authority determines to be water supply headworks or sewerage headworks, as the case may be, for the purposes of this subsection and section 34 (12H); (iii) supersede any provision of a town planning scheme, by-law or decision made by the Local Authority in relation to a matter contained in the policy.

Local Government Act Amendment Act 1983, No. 8 99 (g) In fixing a policy pursuant to paragraph (e), the Local Authority shall have regard to the following matters- (i) the estimated cost of constructing the water supply scheme or sewerage scheme in respect of which contributions are to be made under this subsection or under section 34 (12x); (ii) the need for augmentation (if any) of the water supply scheme or sewerage scheme in respect of which contributions are to be made under this subsection or under section 34 (12H); (iii) the estimated cost of such augmentation; (iv) the area of land, the estimated population and the estimated number of allotments, or lots (if any) under the Building Unitsand Group Titles Act1980, to be serviced by such augmentation; (v) the application of the policy in relation to applications or classes of applications in respect of which contributions are to be made under this subsection or under section 34 (12H) so as to secure a reasonable contribution by the applicant concerned towards the cost of water supply headworks, sewerage headworks, water supply works external or sewerage works external taking into account such of the following matters as are applicable to the application in question- (A) the area of the relevant land; (B) the estimated population to be serviced by the proposed development the subject of the application; (C) the estimated number of allotments or lots (if any) under the BuildingUnits and Group Titles Act1980 to be created in connexion with the proposed development; (D) the proposed use of the relevant land; (E) any other matter that the Local Authority considers should be taken into account for the purpose of securing a reasonable contribution by the applicant towards the cost of water supply headworks, sewerage headworks, water supply works external or sewerage works external, as the case may be. (h) A copy of the policy fixed by the Local Authority under paragraph (e) shall be placed on exhibition at the public office of the Local Authority and a copy of such policy shall be procurable from the Local Authority for such sum as is fixed by it by resolution. (i) Where a Local Authority decides to require an applicant to pay or, as the case may be, contribute towards the cost of water supply headworks , sewerage headworks , water supply works external or sewerage works external under this subsection or under section 34 (12x ) or to pay the cost of water supply works internal or sewerage works internal under section 34 ( 12H), the amount shall be payable to the Local Authority- (A) in the case of an application referred to in paragraph ( a) (v), or in paragraph ( a) (vii ) or (a) (viii) wherein it is stated, in the case of either of those two paragraphs , that having regard

100 Local Government Act Amendment Act 1983, No. 8 to the use which is desired to be made of the relevant land it is proposed to subdivide the relevant land, or in section 34 (12H)- (1) within 14 days after the date of receipt by the applicant of notification of the approval by the Local Authority of an application for the subdivision of the land in question or such longer period or periods as may be agreed upon between the Local Authority and the applicant; or (2) where the applicant appeals to the Court pursuant to section 34 (15) against the decision of the Local Authority on the application for the subdivision of the relevant land and the Court allows the appeal, within 14 days after the date of receipt by the applicant of notification of the determination of the Court on such appeal or such longer period or periods as may be agreed upon between the Local Authority and the applicant; (B) in the case of an application referred to in paragraph (a) (vi)- (1) within 14 days after the date of the granting by the Local Authority of approval under the Building Act1975-1981 to the carrying out of building work associated with the development the rezoning of the land in question is intended to facilitate or such longer period or periods as may be agreed. upon between the Local Authority and the applicant; or (2) where no building work is associated with the development the rezoning of the land in question is intended to facilitate, within 14 days after the date on which the notification is published in the Gazette of approval or approval in part by the Governor in Council of the rezoning of the land or such longer period or periods as may be agreed upon between the Local Authority and the applicant; (C) in the case of an application referred to in paragraph (a) (vii) or (a) (viii) other than an application referred to in subparagraph (A) of this paragraph (i)- (1) within 14 days after the date of the granting by the Local Authority of approval under the Building Act1975-1981 to the carrying out of building work associated with the proposed development the subject of the application or such longer period or periods as may be agreed upon between the Local Authority and the applicant; or (2) where no building work is associated with the proposed development, within 14 days after the date of receipt by the applicant of notification of the approval by the Local Authority of the application or such longer period or periods as may be agreed upon between the Local Authority and the applicant.

Local Government Act Amendment Act 1983, No. 8 101 (j) The approval of an application referred to in paragraph (a) (i) or section 34 (12H) may include a condition requiring the applicant to lodge and maintain with the Local Authority a security approved by it for the amount of any cost or contribution required to be paid by the applicant. (k) (a) Nothing in this subsection or in section 34 (12x) contained shall preclude a Local Authority and an applicant from entering into an agreement under which the applicant, instead of paying to the Local Authority the cost or a contribution towards the cost of water supply headworks, sewerage headworks, water supply works external or sewerage works external, or the cost of water supply works internal or sewerage works internal under section 34 (12x) that are reasonably required in connexion with the making available of water or sewerage or both water and sewerage to the land the subject of the application in question, or to which the application relates or applies, will carry out such works at his expense and to the satisfaction of the Local Authority and within the time specified in the agreement. (b) An agreement entered into between a Local Authority and an applicant under this paragraph (k) may be subjected to a condition requiring the applicant to give to the Local Authority security to its satisfaction that he will fulfil his obligations under the agreement. (1) In this section, unless a contrary intention appears- sewerage headworks " means those works, structures or equipment determined by the Local Authority pursuant to paragraph (f) (ii) to be sewerage headworks; sewerage works external " means all works, structures or equipment for the purpose of connecting land to the Local Authority's sewerage scheme: The term does not include sewerage headworks, or sewerage works internal defined in section 34 (12x); " water supply headworks " means those works, structures or equipment determined by the Local Authority pursuant to paragraph (f) (ii) to be water supply headworks; " water supply works external " means all works, structures or equipment for the purpose of connecting land to the Local Authority's water supply scheme: The term does not include water supply headworks, or water supply works internal defined in section 34 (12x). (18F) Agreement as to works . (a) Where an application referred to in subsection (18) (a) (i), (18) (a) (ii), (18) (a) (iii) or section 34 (12H) is approved by a Local Authority subject to a lawful condition that the applicant pay to the Local Authority- (i) the cost or a contribution towards the cost of water supply works external or sewerage works external pursuant to subsection (18E) (a) or section 34 (12H); (ii) the cost or a contribution towards the cost of providing water supply headworks or sewerage headworks or of work in

102 Local Government Act Amendment Act 1983, No. 8 connexion with such headworks, where such headworks are to be provided or such work is to be performed consequent upon approval of the application, pursuant to subsection (18E) (a), (18E) (b) or section 34 (12H); (iii) the cost of water supply works internal or sewerage works internal defined in section 34 (12H), an agreement shall be entered into between the applicant and the Local Authority setting forth- (A) the nature and extent of the works for which payment is to be made (including a general specification thereof); (B) all sums that the applicant is required to pay to the Local Authority; (C) the time within which such sum shall be paid; (D) provisions relating to appropriation of interest accrued on sums held in the Local Authority's Trust Fund in accordance with this subsection ; (E) the amount and nature of any security required to be lodged and maintained by the applicant with the Local Authority, the circumstances in which the security may be applied and the conditions under which it shall be released; (F) the date on or before which the Local Authority shall commence to perform the works; and (G) the date on or before which such works shall be completed by the Local Authority. No moneys shall be paid to or accepted by the Local Authority until the agreement in writing has been made between the applicant and the Local Authority. (b) The Local Authority shall expend upon the works provided for in an agreement entered into pursuant to paragraph ( a) all sums, which -are paid to it under the agreement, within three years or such less period as is specified in the agreement, from the date of the agreement. (c) All sums received by the Local Authority pursuant to an agreement entered into pursuant to paragraph (a) shall be paid by it into its Trust Fund and shall be held therein (together with any interest accrued thereon) until expended in accordance with the agreement. Records of receipt and expenditure of such sums shall be kept in such manner that the receipt and expenditure of sums received by the Local Authority under each agreement entered into pursuant to paragraph (a) shall be recorded separately and distinctly from the receipt and expenditure of sums received by the Local Authority under every other such agreement. (d) As soon as practicable after 30 June in each year the Local Authority shall furnish to the Director of Local Government a return, in the form approved by the Director, of all sums received by it under an agreement entered into pursuant to paragraph (a) and held in its Trust Fund on that date, which have not been expended in accordance with the terms of the agreement.

Local Government Act Amendment Act 1983, No. 8 103 (e) The Minister may, by notice in writing, call upon the Local Authority to show cause to him within the time specified in the notice why a sum to which a return so furnished relates should not be applied towards the purposes for which the sum was paid under the agreement. (f) If the Local Authority 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 sum to which the return furnished relates to the purposes for which it was paid under the agreement. The Local Authority shall comply to the satisfaction of the Minister in all respects with an order or direction issued to it by the Minister. (g) Where at any time the Minister is of the opinion that the Local Authority has failed to perform in accordance with an agreement entered into pursuant to paragraph (a) works which it is required to carry out under the agreement he may cause those works to be performed and recover the cost thereof from the Local Authority by action as for a debt due and owing to the Crown, or he may give to the Local Authority such orders and directions as he considers necessary to ensure that those works are carried out by the Local Authority within a time to be specified by the Minister. The Local Authority shall, within the time specified by the Minister, carry out to his satisfaction the requirements of those orders and directions. Should the Local Authority fail to carry out to his satisfaction any of those requirements, the Minister may cause to be carried out such requirements and recover the cost thereof from the Local Authority by action as for a debt due and owing to the Crown."; (d) in subsection (20), omitting the expressions " $500 " and " $50 " and substituting the expressions " $1 000 " and " $100 ", respectively. 12. Amendment of s. 34. Section 34 of the Principal Act is amended by- (a) omitting subparagraph (1) from subsection 12; (b) inserting after subsection (12G) the following subsection:- (12H) Contributions towards and payments of costs of water supply and sewerage works by applicant for subdivision of land . (a) Where after the commencement of section 12 of the Local Government Act AmendmentAct1983 an application is made to a Local Authority for approval to open a new road or to subdivide any land and it decides that water or sewerage or water and sewerage should be made available to the land (hereinafter in this subsection referred to as " the relevant land ") that is the subject of the application, and- (i) the Local Authority has constructed or is constructing a water supply scheme or a sewerage scheme or both such schemes that is or are capable of servicing the relevant land, with or without augmentation; and

104 Local Government Act Amendment Act 1983, No. 8 (ii) the Local Authority is prepared to provide or has already provided as part of that scheme or those schemes headworks that are adequate to make available water or sewerage or both water and sewerage to land that includes or comprises the relevant land, the Local Authority may, as a condition of its granting the application, require the applicant to pay to the Local Authority- (A) where the Local Authority is prepared to make available water to the relevant land- (1) a contribution towards the cost incurred or to be incurred by the Local Authority in providing the appropriate water supply headworks defined in section 33 (18E) (1) unless such a contribution has in respect of that land been made to the Local Authority under section 33 (18E); (2) the cost incurred or to be incurred by the Local Authority in providing the appropriate water supply works external defined in section 33 (18E) (1), where the relevant land is the only land that will be serviced by the works, or a contribution towards that cost, where the relevant land and other land will be serviced by the works; (3) the cost of water supply works internal in connexion therewith; (B) where the Local Authority is prepared to make available sewerage to the relevant land- (1) a contribution towards the cost incurred or to be incurred by the Local Authority in providing the appropriate sewerage headworks defined in section 33 (18E) (1) unless such a contribution has in respect of that land been made to the Local Authority under section 33 (18E); (2) the cost incurred or to be incurred by the Local Authority in providing the appropriate sewerage works external defined in section 33 (18E) (1), where the relevant land is the only land that will be serviced by the works, or a contribution towards that cost, where the relevant land and other land will be serviced by the works; (3) the cost of sewerage works internal in connexion therewith. (b) In this subsection, save where a contrary intention appears- water supply works internal " means works necessary for the reticulation of water supply to each allotment into which the relevant land is proposed to be subdivided; " sewerage works internal " means works necessary for the reticulation of sewerage to each allotment into which the relevant land is proposed to be subdivided.". 13. Amendment of s. 35. Section 35 of the Principal Act is amended by- (a) in subsection (24), in the first paragraph of paragraph (i), inserting after the word " timber " the words " or passengers (where such

Local Government Act Amendment Act 1983, No. 8 105 conveyance is on a tramway that is ordinarily used for the conveyance of sugar-cane, or any other agricultural or dairy produce or minerals or timber) "; (b) in subsection (24B), inserting after paragraph (xv) the following paragraph:- "(xvi) For the purpose of this subsection the term " owner " means in relation to a vehicle that is registered in a State or Territory of the Commonwealth under a law of that State or Territory providing for the registration of vehicles, the person in whose name the vehicle is so registered.". 14. Amendment of s. 49F. Section 49F of the Principal Act is amended by, in subsection (4), omitting the words " Town Clerk " and substituting the word " clerk ".