Local Government Act Amendment Act 1987 (Qld)

1060 (ueensfn t' z _Q LUS ANNO TRICESIMO SEXTO EL,IZA ET AE SECU ND AE R EGI N AE An Act to amend the Loc al GoveruAmlent Act 1936- 1987 in certain particul ar s [ASSENTED TO 1ST DECEMBER, 1987]

Local Government Act Amendment Act 1987, No. 78 1061 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 1987. 2. Citation . (1) In this Act the Local Government Act 1936 -1987 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Local Government Act 1936-1987. 3. Amendment of s. 1. Section 1 of the Principal Act is amended by, in subsection (3), omitting the words- "PART IX-JOINT LOCAL AUTHORITY- Section 20-Joint Local Authority;" and substituting the words- "PART IX-JOINT BOARD- Section 20-Joint Board; Section 20A-Reference to Joint Local Authority;". 4. Amendment of s. 2. Section 2 of the Principal Act is amended by, in subsection (2), omitting paragraph (iii) and substituting the following paragraph:- "(iii) Exi sting Joint Local Authorities. Subject to section 20, a Joint Local Authority preserved by, or constituted under this Act and existing immediately prior to the commencement of the Local Government Act Amendment Act 1987, shall be deemed to have been constituted under this Act as a Joint Board and shall- (a) have the same name as it had; (b) be constituted in the same manner as it was constituted; (c) have the same functions as it had, before the commencement of the Local Government Act Amendment Act 1987.". 5. Amendment of s. 3. Section 3 of the Principal Act is amended in subsection (1) by- (a) in tlh. definition "Area"- (i) omitting the words " or Joint Local Authority, as the case may (ii) omitting the words " or Joint Local Authority"; (b) omitting the definition " Board";

1062 Local Government Act Amendment Act 1987, No. 78 (c) in the definition "Chairman" omitting the words "Local Authority" and substituting the word "Board"; (d) in the definition "Clerk" omitting after the word "Joint" the words "Local Authority" and substituting the word "Board"; (e) in the definition "Component Local Authority" omitting the words "Local Authority" and substituting the word "Board"; (f) inserting after the definition "Improved land" the following definition:- "Joint Board"-A Joint Local Authority Board constituted under this Act;"; (g) omitting the definition "Local Authority" and substituting the following definition:- "Local Authority"-A Local Authority constituted under this Act: the term includes a Joint Board constituted under this Act;"; (h) in the definition "Member" omitting after the word "Joint" the words "Local Authority" and substituting the word "Board"; (i) in the definition "Open to inspection" omitting the words "or Joint Local Authority" where they twice occur; (j) in the definition "Undertaking" omitting the words "or Joint Local Authority" where they four times occur. 6. Amendment of s. 5. Section 5 of the Principal Act is amended in subsection (2) by- (a) in paragraph (ve) after the word "Joint" where it twice occurs omitting the words "Local Authority" and substituting the word "Board" in each case; (b) in paragraph (vf) in subparagraph (1), omitting from provision (c) after the word "Joint" the words "Local Authority" and substituting the word "Board". 7. Amendment of s. 6. Section 6 of the Principal Act is amended by, in subsection (2), omitting after the word "Joint" the words "Local Authority" and substituting the word "Board". 8. Repeal of and new Part IX. The Principal Act is amended by repealing Part IX and substituting the following Part:- "PART IX-JOINT BOARD JOINT BOARD 20. (1) Power to constitute Joint Board. The Governor in Council may by one or more Orders in Council join the whole or any part of two or more Areas and constitute a Joint Local Authority Board for the purpose of carrying out for or within the joined area any function of Local Government or for the purposes of exercising any power conferred on or performing

Local Government Act Amendment Act 1987, No. 78 1063 any duties given to a Local Authority under this Act or any other Act. Two or more Joint Boards having different functions may be constituted over the same Area or part of the same Area. (2) Constitution, etc. An Order in Council constituting a Joint Board may- (a) determine the functions, name and Area of the Joint Board; (b) subject to subsections (5), (6) and (7), determine the constitution of the Joint Board; (c) determine the proportion that each component Local Authority is to contribute to the general fund of the Joint Board; (d) specify a date on which the first meeting of the Joint Board is to be held. (3) Alteration of constitution, etc. The Governor in Council from time to time by Order in Council may- (a) alter the functions, name, Area or constitution of a Joint Board; (b) alter the proportion to be contributed by each component Local Authority to the general fund of a Joint Board; (c) dissolve a Joint Board. (4) The Governor in Council may give directions, etc. The Governor in Council may by Order in Council- (a) give any directions necessary or convenient to give effect to any Order in Council made under this section; (b) subject to subsection (18) settle, adjust and make provision for any rights, liabilities or matters arising out of the exercise of any of the powers conferred by this section. (5) Members drawn from component Local Authorities. (a) The members of a Joint Board shall be drawn from the members of the component Local Authorities. Two or more component Local Authorities may be grouped- together and represented by one or more members drawn from the members of the grouped Local Authorities. (b) An Order in Council made in accordance with subsection (2) or (3) may provide that the chairman of a component Local Authority specified in the Order in Council shall be a member of the Joint Board. (6) President. An Order in Council made in accordance with subsection (2) or (3) may provide that- (a) the members of the Joint Board shall, at the first meeting of the Joint Board and thereafter at the first meeting of the Joint Board held after the conclusion

1064 Local Government Act Amendment Act 1987, No. 78 of the triennial election of the component Local Authorities, elect a president- (i) from amongst their number; or (ii) from the members who are representatives of a particular component Local Authority or group of component Local Authorities; or (b) the chairman of one of the component Local Authorities shall be president of the Joint Board; or (c) the chairmen of two or more of the component Local Authorities shall be members of the Joint Board and shall be president of the Joint Board in rotation in which case the order and period of rotation shall be specified in the Order in Council. (7) Election of members . Each component Local Authority or group of component Local Authorities shall elect from amongst their members such number of members of the Joint Board as is required to be elected by the Order in Council made in accordance with this section determining the constitution of the Joint Board- (a) before the date specified in the Order in Council made in accordance with paragraph (d) of subsection (2) for the holding of the first meeting of the Joint Board; and thereafter, (b) within one month of the conclusion of every triennial election of members of the component Local Authorities. (8) Deputy President. At the meeting of the Joint Board- (a) held on the day specified in the Order in Council made in accordance with paragraph (d) of subsection (2); and thereafter, (b) first held after the conclusion of every triennial election of members of the component Local Authorities, the members present shall elect one of their number to be deputy president. The deputy president shall act in the office of the president during such time as the president is prevented by absence, illness or otherwise from performing the duties of that office and during such time as the vacancy exists in that office and while he so acts, shall have and may exercise all the powers and authorities of the president.

Local Government Act Amendment Act 1987, No. 78 1065 (9) Tenure of office. Subject to this Act the members of a Joint Board shall hold office until the conclusion of the next triennial election of members of the component Local Authorities. (10) Clerk to be returning officer. (a) The clerk shall be the returning officer for the election of members of the Joint Board and their delegates by a group of component Local Authorities. (b) The clerk shall chair a meeting at which a president is to be elected until that election is concluded. The clerk shall not be entitled to vote. (c) Where there is no clerk the Governor in Council may by a direction pursuant to subsection (4) appoint some person to be the returning officer or to chair such meeting. (11) Failure to elect. If a component Local Authority or group of component Local Authorities does not elect the required number of members of the Joint Board within the time specified in subsection (7), the Governor in Council may appoint as members of the Joint Board such number of members of the component Local Authority or group of component Local Authorities as is necessary to make up the required number. (12) Casual vacancy. (a) When any vacancy arises in the office of member of a Joint Board (other than the office of president appointed pursuant to paragraph (b) or (c) of subsection (6)), the component Local Authority or group of component Local Authorities that was entitled to elect such member shall within one month of the occurrence of the vacancy elect another member of the component Local Authority or group of component Local Authorities as a member of the Joint Board. (b) If the component Local Authority or group of component Local Authorities fails to elect a member to fill the vacancy within the time specified, in paragraph (a), the Governor in Council may appoint a member of the component Local Authority or group of component Local Authorities as a member of the Joint Board to fill the vacancy. (c) A person elected or appointed to fill a casual vacancy in the office of member of a Joint Board shall, subject to this Act, hold office for the remainder of the period for which his predecessor was elected or appointed to the Joint Board. (13) Delegate members . (a) A component Local Authority or group of component Local Authorities may, from amongst their numbers, elect a delegate member to deputise for a member of the Joint Board elected by that component Local Authority or group of component Local Authorities. (b) A delegate may attend meetings of the Joint Board in the place of the member whose delegate he is whenever that member is absent from a meeting of the Joint Board and when so attending, the delegate shall be deemed to be a member of the Joint Board. (c) Any vacancy that arises in the office of delegate member of the Joint Board may be filled in accordance with subsection

1066 Local Government Act Amendment Act 1987, No. 78 (12) as if the vacancy was in the office of member of the Joint Board. (14) Powers etc., of Joint Board and me bers . (a) Upon the constitution of a Joint Board, any Local Authority having jurisdiction within the Area of the Joint Board, shall not exercise and perform the functions, powers and duties in respect of which the Joint Board has been constituted. (b) For the purpose of carrying out its functions, a Joint Board and its members shall- (i) have and may exercise and perform all authorities, duties, privileges and powers, except the power to make and levy rates, conferred upon; (ii) be subject to all obligations, liabilities and responsibilities imposed upon, a Local Authority or its members by this Act or any other Act. (15) By-laws . (a) Upon the constitution of a Joint Board, all by-laws relevant to the functions of the Joint Board in force in the Area or in any part thereof, shall become the by-laws of the Joint Board and remain in force in the Area or in that part thereof until they are repealed or amended in accordance with this Act. (b) Until by-laws are made for the conduct of its proceedings, the Joint Board may by resolution temporarily adopt any such by-laws of any of the component Local Authorities. (16) Delegation . A Joint Board may delegate to any component Local Authority, the exercise and performance of any of its powers, duties and authorities within so much of the Area of the Joint Board as is within the Area of that Local Authority. (17) Contribution to general fund. (a) For the purpose of obtaining from a component Local Authority, the amount of its contribution to the general fund, the Joint Board may issue a precept. (b) A precept- (i) shall be signed by the president, of the Joint Board and shall be sealed with the common seal; (ii) shall state the amount of contribution to be paid by the Local Authority to which it is directed; (iii) shall require the Local Authority to which it is directed to pay the amount of its contribution to the Joint Board on or before the date specified in the precept. (c) If a Local Authority required by a precept to pay an amount of contribution fails to pay it within one month of the time specified in the precept (or such further time as the Joint Board may allow), the Joint Board may recover the amount in respect of which such failure has occurred together with the costs

Local Government Act Amendment Act 1987, No. 78 1067 and expenses of recovery by action as for a debt due and owing to the Joint Board in a court of competent jurisdiction. (18) Dissolution . When a Joint Board is dissolved, its rights, assets, and liabilities shall devolve upon the component Local Authorities and the Governor in Council may by Order in Council declare and apportion the rights, assets and liabilities of the component Local Authorities in respect thereof, and such Local Authorities shall respectively have and be liable to such part of the rights, assets, and liabilities of the Joint Board as are so declared. 20A. Reference to Joint Local Authority. On and from the commencement of the Local Government Act Amendment Act 1987 a reference in any Act, Proclamation, Order in Council, regulation, rule, by-law, ordinance, licence, approval, authority, permit, direction, determination, order, prohibition or other act of executive or administrative authority, or in any agreement, contract, deed or document, instrument or writing whatsoever, to a Joint Local Authority shall be read and construed as a reference to a Joint Board and shall operate and have effect accordingly.". 9. Amendment of s. 23. Section 23 of the Principal Act is amended by, in subsection (2) in paragraph (i), omitting from provision (h) the words "Local Authority" and substituting the word "Board". 10. Amendment of s. 28. Section 28 of the Principal Act is amended by, in subsection (12) in paragraph (iii), omitting after the word "Joint" where it five times occurs the words "Local Authority" and substituting the word "Board" in each case. 11. Amendment of s. 33 . Section 33 of the Principal Act is amended in subsection (18E) by- (a) in paragraph (aa), omitting after the word "Joint" where it twice occurs the words "Local Authority" and substituting the word "Board" in each case; (b) in paragraph (fa), omitting after the word "Joint" where it twice occurs the words "Local Authority" and substituting the word "Board" in each case.