Local Government Act Amendment Act 1989 (Qld)

984 l\^^-^ N T I TH E A N C T T ACT ANAL YSIS OF CONTENTS 1. Short title 2. Citation 3. Commencement 4. Amendment of s. 4 5. Amendment of s. 5 Director to report on objections Minister to consider report Governor in Council consideration 6. Amendment of s. 19A. Sale of land by Local Authority by private contract for housing purposes 7. Amendment of s. 31. Provisions as to by-laws 8. Amendment of s. 33 9. Amendment of s. 35. Classification of roads 10. Amendment of s. 47. Powers of Local Authority with respect to agricultural drainage 11. Amendment of s. 49G. Control and regulation of flammable and combustible liquids ANNO C E SIMO OCTAVO No. 74 oi'1989- An Act to amend the L ocal Govern ment Act 1936- 1988 in certain particulars [ASSENTED TO 24TH AUGUST, 1989]

Local Government Act Amendment Act 1989, No. 74 985 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 1989. 2. Citation . (1) In this Act the Local Government Act 1936-1988 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Local Government Act 1936-1989. 3. Commencement . (1) Sections 1 and 2 and this section shall commence on the day this Act is assented to for and on behalf of Her Majesty. . (2) Except as provided by subsection (1), the provisions of this Act or such of those provisions as are specified in the Proclamation shall commence on a date or dates to be appointed by Proclamation. 4. Amendment of s. 4 . Section 4 of the Principal Act is amended by, in subsection (I)- (a) omitting the words "Governor in Council and the Minister, respectively," and substituting the word "Minister"; (b) omitting the words "neither the Governor in Council nor the Minister shall be bound" and substituting the words "the Minister shall not be bound". 5. Amendment of s. 5 . Section 5 of the Principal Act is amended by, in subsection (1), omitting paragraphs (vi) and (vii) and substituting the following paragraphs:- "(vi) Director to report on objections . The Director shall examine every duly made objection and shall prepare a report thereon to the Minister. (vii) Minister to consider report . The Minister shall consider the report prepared by the Director under paragraph (vi) and, having regard to that report, shall make such recommendations to the Governor in Council as he considers appropriate. Governor in Council consideration. If the Governor in Council is of the opinion that sufficient cause has not been shown why the exercise of power proposed should not occur he may- A. exercise the power proposed to be exercised in the manner and to the extent proposed; or B. make such amendment or modification as he thinks fit, having regard to the exercise of power proposed and to

986 Local Government Act Amendment Act 1989, No. 74 the manner in which or the extent to which the power should be exercised and exercise the power in the manner or to the extent as amended or modified without further advertisement of intention to exercise the power: Provided that in relation to a proposal to exercise a power conferred by paragraph (ii) notified pursuant to paragraph (iii) after the commencement of the LocalGovernment Act Amendment Act 1975 (No. 2) an amendment or modification made pursuant to this provision B shall be such that the proposal as amended or modified is not substantially different from the proposal as so notified. (ix) The Governor in Council shall be deemed always to have had the powers confered on him by provision B of paragraph (viii).". 6. Amendment of s. 19A. Sale of land by Local Authority by private contract for housing purposes . Section 19A of the Principal Act is amended by, in subsection (3)- (a) inserting in paragraph (a) after the words "sell that land" the words "to the Minister": (b) inserting in paragraph (b) after the words "Governor in Council" the words ", acting on the recommendation of the Minister,"; (c) inserting in paragraph (c) after the words "the Local Authority" the words "to the Minister". 7. Amendment of s. 31 . Provisions as to by-laws . Section 31 of the Principal Act is amended by, in subsection (27)- (a) inserting in paragraph (vii) after the words "submit the by-law" the words "to the Minister (b) inserting in paragraph (viii) after the words "is submitted" the words "to the Minister"; (c) omitting paragraph (ix) and substituting the following paragraph:- "(ix) The Minister shall consider every by-law submitted and all objections and representations accompanying such by-law and having regard to the by-law and to the objections and representations which accompanied the by-law, shall make such recommendations to the Governor in Council as he considers appropriate. The Governor in Council may, on the recommendation of the Minister, reject the by-law or may approve the by-law wholly or in part. The power of the Governor in Council to approve a by-law in part includes power to make amendments to the by-law.

Local Government Act Amendment Act 1989, No. 74 987 Where the Governor in Council approves of a by-law, it shall be published in the Gazette and thereupon such by- law shall have the same force and effect as if it were enacted in this Act and shall not be questioned in any proceedings whatsoever.". 8. Amendment of s. 33. Section 33 of the Principal Act is amended by- (a) in subsection (3), omitting paragraph (e) and substituting the following paragraph:- "(e) The Minister shall consider every application made under this subsection and all objections and representations accompanying such application and shall submit the application and his recommendation thereon to the Governor in Council who may, upon such recommendation, reject the application or approve of the application wholly or in part. The power of the Governor in Council to approve an application in part includes power to make all such amendments to the scheme as, in the opinion of the Governor in Council, are appropriate and incidental to the matter of the application."; (b) in subsection (5), in paragraph (m), omitting subparagraph (iii) and substituting the following subparagraph:- "(iii) The Minister shall, upon receipt by him of the application, deal with it in the manner prescribed by paragraph (k). In his consideration of the application the Minister shall have regard, where applicable, to the decision of the Court and the grounds thereof before making his recommendation to the Governor in Council."; (c) in subsection (18c), in paragraph (1)- (i) omitting the words "Governor in Council" where they appear for the first time and substituting the word "Minister"; (ii) inserting after the words "Governor in Council may" the words ", upon the recommendation of the Minister,". 9. Amendment of s. 35. Classification of roads . Section 35 of the Principal Act is amended by (a) in subsection (13)- (i) omitting from paragraph (iii) the words "for presentation" and substituting the words "for consideration and recommendation"; (ii) omitting paragraph (iv) and substituting the following paragraph:- "(iv) The Governor in Council may, upon the recommendation of the Minister , make such order as he considers appropriate.";

988 Local Government Act Amendment Act 1989, No. 74 (b) in subsection (24B)- (i) in paragraph (i)- (A) omitting subparagraph (1) and substituting the following subparagraph:- "(1) Subject to subparagraph (k), the Minister shall consider every application made pursuant to this paragraph (i) and all objections, representations and other matters and things accompanying such application in accordance with subparagraph (j) and shall submit his recommendation on the proposal to the Governor in Council who may, upon such recommendation, reject or approve the proposal wholly or in part."; (B) omitting subparagraph (m) and substituting the following subparagraph:- "(m) The power of the Governor in Council to approve a proposal in part includes the power to make all such alterations to the particulars of the proposal as, in the opinion of the Governor in Council, are appropriate and incidental to the matter of the proposal."; (ii) in paragraph (iii)- (A) omitting subparagraph (1) and substituting the following subparagraph:- "(1) Subject to subparagraph (k), the Minister shall consider every application made pursuant to this paragraph (iii) and all objections, representations and other matters and things accompanying such application in accordance with subparagraph (j) and shall submit his recommendation on the proposal to the Governor in Council who may, upon such recommendation, reject or approve the proposal wholly or in part."; (B) omitting subparagraph (m) and substituting the following subparagraph:- "(m) The power of the Governor in Council to approve a proposal in part includes the power to make all such alterations to the particulars of the proposal as, in the opinion of the Governor in Council, are appropriate and incidental to the matter of the proposal."; (iii) in paragraph (v)- (A) in subparagraph (e), omitting the words "forward with his recommendation" and substituting the words "have regard to"; (B) in subparagraph (f), omitting the words "and any representations of the Local Authority forwarded by the Minister with the recommendation".

Local Government Act Amendment Act 1989, No. 74 989 10. Amendment of s. 47. Powers of Local Authority with respect to agricultural drainage . Section 47 of the Principal Act is amended by, in subsection (24)- (a) in paragraph (c), omitting the words "Governor in Council" where they first appear and substituting the word "Minister"; (b) in paragraph (d)- (i) omitting the words "upon the application of the Local Authority" and substituting the words "upon the recommendation of the Minister"; (ii) in subparagraph (ii), omitting the words "Governor in Council" where they first appear and substituting the word "Minister". 11. Amendment of s. 49G. Control and regulation of flammable and combustible liquids . Section 49G of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection- "(1) In this section- "combustible liquid" means any Class 3.3 liquid as defined in Australian Standard 1940-The Storage and Handling of Flammable and Combustible Liquids as amended from time to time, as having a flashpoint of more than 61°C and up to and including 150°C; "flammable liquid" means any- Class 3.1 liquid as defined in the Australian Code for the Transport of Dangerous Goods by Road and Rail as amended from time to time, as having a flashpoint up to but not including 23°C; or Class 3.2 liquid as defined in the Australian Code for the Transport of Dangerous Goods by Road and Rail as amended from time to time, as having a flashpoint up to and including 61°C and not less than 23°C.". (b) in subsection (3)- (i) in paragraph (a), inserting after the words "appeals against", the words "refusal to issue licences or"; (ii) in paragraph (j)- (A) omitting the sum "$400" and substituting the words "165 penalty units"; (B) omitting the words "sum of $40" and substituting the words -15 penalty units"; 33

990 Local Government Act Amendment Act 1989, No. 74 (iii) omitting paragraph (k) and substituting the following paragraphs:- "(k) varying the requirements of the regulations; (1) establishing an advisory committee with duties as prescribed; (m) establishing a panel to consider and dec}de- (i) appeals lodged against a decision of the Local Authority in respect of- (A) an application for a licence; (B) an application for renewal of a licence; and (C) the cancellation or suspension of a licence; (ii) applications to vary the requirements of the regulations; (n) all matters that may be convenient for the administration of this section or that may be necessary or expedient to achieve the objects and purposes of this section."; (c) inserting after subsection (6), the following subsection:- "(6A) Notwithstanding anything contained in this section, a Local Authority may continue to license previously licensed premises if those premises do not comply with the regulations, as amended from time to time, provided that the said Local Authority is satisfied that the premises concerned do not constitute a risk to public safety.'"; (d) inserting after subsection (7), the following subsections:- "(8) The provisions of the regulations made pursuant to this section save- (a) such provisions as relate to the requirement to make application to a Local Authority for a :licence; (b) such provisions as confer on a Local Authority any power, authority, or discretion or impose on a Local Authority any function or duty, extend to and bind the Crown in right of the State. (9) The Governor in Council may, from time to time, by Order in Council declare, to the extent (if any) expressed in the Order, that any statutory body, board or authority shall be deemed to represent the Crown in the right of the State for the purposes of the regulations. (10) (a) In the application to the Crown in right of the State of any provision of the regulations that confers on a Local Authority any power, authority or discretion or imposes on a Local Authority any function or duty, such provision should be read and construed as if, in every such case, it conferred on the prescribed Minister or on a person authorised by him for the purpose, that power, authority, discretion, function or duty, in place of the Local Authority. (b) The prescribed Minister is hereby empowered to authorise, either generally, or in a particular case,

Local Government Act Amendment Act 1989, No. 74 991 any person to exercise a power, authority or discretion and to perform a function or duty construed pursuant to this subsection, to be conferred or imposed on him. (c) The expression "the prescribed Minister" means- (i) in the case of a department of the Government, the Minister of the Crown for the time being administering that department; and (ii) in the case of a statutory body, board or authority specified in an Order in Council pursuant to subsection (9), the Minister of the Crown for the time being administering the Act under which the statutory body, board or authority is constituted.".