Local Government Act and Another Act Amendment Act 1973 (Qld)

753 ANNO VIC E sI ; -CUNDO ELIZABETHAE " JI ' REGI N A E [ASSENTED TO 20TH DECEMBER, 1973] 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 and Another Act Amendment Act 1973. PART I-PRELIMINARY 2. Arrangement of Act. This Act is divided into Parts as follows:-- PART I-PRELIMINARY; PART 11-AMENDMENT OF LOCAL GOVERNMENT ACT 1936-1973; PART III-AMENDMENT OF CITY OF BRISBANE TOWN PLANNING ACT 1964-1972.

754 Local Government Act and Another Act Amdt Act 1973, No. 83 PART 11-AMENDMENT OF LOCAL, GOVERNMENT ACT 1936-1973 3. Citation. (1) The Local Government Act 1936-1973 is in this Part referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Local Government Act 1936-1973. 4. Amendment of s. 1 . Division of Act. Section I of the Principal Act is amended- (a) by inserting in subsection (3), after the expression " Section 17A- Payment of officers or employees when absent from duty on service with the Naval, Military or Air Forces;", the expression " Section 17s- Appeal by officers against dismissal;"; and (b) by inserting in the said subsection, after the expression " Section 32-Miscellaneous General Powers and Duties; ", the expression " Section 32A-Environmental Impact;". 5. Amendment of s. S. Areas. Section 5 of the Principal Act is amended by inserting in clause (ii) of subsection (1) at the end thereof the following note at the beginning of a paragraph, and paragraph:- " Proclamation of a Town or Shire . The Governor in Council by Proclamation may constitute a Town to be a Shire or a Shire to be a Town.". 6. New s. 17B. The Principal Act is amended by inserting after section 17A .the following heading and section:- " 17B. Appeal by officers against dismissal . (1) In this section and in the Fourth Schedule of this Act in its application and extension to appeals under this section- Officer " means any full-time officer or employee of the Local Authority employed at an annual salary at least equal to the minimum annual salary payable to a male clerical officer after seven years of adult service under the Municipal Officers (Queensland) Award made pursuant to the Conciliation and Arbitration Act 1949-1972 of the Commonwealth as amended, as in force for the time being, but does not include any officer of the Local Authority whose removal from office or employment is in accordance with the Health Act1937-1973 subject to the approval of the Director- General. (2) Any officer of a Local Authority who has been dismissed by or on behalf of the Local Authority from the employment of the Local Authority on the ground of misconduct or neglect, or on any other ground, or without any ground having been given or reason having been assigned may appeal to the Appeal Board referred to in the Fourth Schedule which shall be constituted for the purposes of such appeal. (3) Where an officer is dismissed on any ground referred to in subsection (2) such ground shall be furnished in writing to the officer by or on behalf of the Local Authority at the time he is notified he is dismissed or within seven days thereof.

Local Government Act and Another Act Amdt Act 1973, No. 83 755 (4) Where an officer appeals to the Appeal Board under this section against his being dismissed, the grounds furnished to him by or on behalf of the Local Authority in accordance with subsection (3) shall be taken to be the grounds on which he was dismissed and no other grounds for his dismissal shall be advanced against him. (5) An appeal under this section may be made on the ground of innocence of the charge or of any act, omission, matter or conduct meriting his being dismissed, as the case may be, or excessive severity of the punishment. (6) Where an officer appeals to the Appeal Board under this section against his being dismissed and no grounds for his being dismissed have been furnished in writing to him by or on behalf of the Local Authority at the time he is notified he is dismissed or within seven days thereof, the Appeal Board, on being satisfied that no grounds have been furnished as aforesaid, shall determine that the appeal is allowed and that the officer be reinstated, and subject to this section `and to the Fourth Schedule, every such determination shall have effect according to its tenor. (7) In the hearing of an appeal on the ground of excessive severity of the punishment, the Board shall take into consideration- previous record of the appellant. (8) The provisions of the Fourth Schedule shall apply and extend to appeals under this section.". 7. ! € I s. 19A. I Principal Ac is amended- :e of members. Section l9A of the (a) by omitting from subsection (1) the words " (including his attendance at meetings and committee meetings of the Local Authority and making inspections) or arising out of or in the course of his journey to or from a meeting or committee meeting of the Local Authority, which he is authorised or required to attend, or to or from a place where an inspection is authorised or required to be made by him in the course of the performance of the duties of his office "; and (b) by inserting after subsection (4) the following subsection:- " (5) In this section the term " duties of his office " shall include attendance at meetings and committee meetings of the Local Authority and inspections authorised by it, and attendance at deputations, conferences and meetings where attendance is authorised by the Local Authority, or arising out of or in the course of his journey to or from such a meeting or committee meeting of the Local Authority, or such an inspection, deputation, confi_ -ence or meeting as aforesaid.". g.. 's. 24 . Section 24 of the Principal Act is amended- (a)by omi Ling subsection (9) and substituting the following subsection:- " (9) Every valuation of the rateable value of rateable land shall be recorded in the rate book and such other register or registers as may be prescribed."; and (b) by omitting subsections (11), (12), (13) and (14).

756 Local Government Act and Another Act Amdt Act 1973, No. 83 9. Existing agreements under s. 24. Upon the coming into force of the Local Government Act and Another Act Amendment Act 1973, any agreement entered into by a Local Authority under subsection (13) of section 24 of the Principal Act prior to the omission of such subsection shall cease to have any force or effect. 10. Amendment of s. 26. Rate Books . Section 26 of the Principal Act is amended- (a) by omitting the heading "NOTICE OF SALE OF LAND " (where occurring before subsection (6)) and substituting the heading " NOTICE OF CHANGE OF OWNERSHIP OF LAND (b) by omitting the note at the beginning of subsection (6) " Notice of sale of land to be given to Local Authority `' and substituting the note " Notice of change of ownership of land to be given to Local Authority ": and (c) by inserting in subsection (6), after the fifth paragraph. the following paragraph:- " Whenever any land is the subject of a change of ownership in a manner other than a manner hereinbefore referred to, notice of such change shall be given by the owner to the Local Authority within thirty days after the occurrence of such change. Such notice shall be in writing and shall specify the date and nature of the change, the description of the land and the full names and addresses of both the immediately previous owner and the present owner.". ll. Amendment of s. 31. General Powers as to by -laws. Section 31 of the Principal Act is amended by inserting after subsection (30) the following subsection:- " (31) Metric Conversion - transitional provision . (a) A Local Authority may in the implementation of any by-law. adopt by resolution metric conversions of Imperial measurements specified therein, provided that such conversions are within a tolerance of 5% of the measurements so specified. This subsection shall have force and effect only for a period of two years after the coming into force of the Local Government Act and Another Act Amendment Act 1973, or within such further period as the Minister may from time to time allow either generally or in relation to a particular Local Authority. (b) For the purpose of this subsection the term " Local Authority " shall include Brisbane City Council, and in relation to Brisbane City Council, the term " by-law " shall include " ordinance ".". 12. Amendment of s. 32. Miscellaneous General Powers and Duties. Section 32 of the Principal Act is amended by inserting after subsection (4) the following subsection:- " (4A) Electricity supply. The Local Authority may contribute towards the capital cost of electricity supply and its installation within the Area of the Local Authority in accordance with an agreement entered into between the Local Authority and any person, body or authority undertaking the supply of electricity within such Area."

Local Government Act and Another Act Amdt Act 1973, No. 83 757 13. New s . 32A. The Principal Act is amended by inserting after section 32 the following heading and section- " ENVIRONMENTAL IMPACT 32A. Environmental Impact. ( 1) Without derogating from any of its powers under this Act or any Qther Act, a Local Authority, when considering an application for its approval. consent, permission or authority for the implementation of a proposal under this Act or any other Act, shall take into consideration whether any deleterious effect on the environment would be occasioned by the implementation of the proposal. the subject of the application. (2) A Local Authority may, from time to time, adopt by resolution a policy statement prescribing that an application for its approval, consent , permission or authority for the implementation of a proposal of a type specified in such policy statement shall be accompanied by an environmental impact study report and statement of impact and the matters and things which shall be dealt with in such report and statement. (3) A copy of any policy statement adopted by a Local Authority under subsection ( 2) shall be open to inspection and shall be available for purchase at the office of the Local Authority upon payment of such sum as it may fix by resolution. but not exceeding the cost of printing or otherwise reproducing such copy. (4) Upon the adoption by a Local Authority of a policy statement under subsection (2). every applicant to the Local Authority for approval, consent, permission or authority in respect of a proposal of a type specified in such policy statement shall accompany his application with an environmental impact study report and statement of impact setting out the matters and things prescribed by such policy statement as being relevant to that type of proposal. (5) Where an application is made to a Local Authority for its approval, consent, permission or authority for the implementation of a proposal of a type in respect of which it has not adopted a policy statement under subsection (2) and the Local Authority is of the opinion that the implementation of such proposal may have a deleterious effect on the environment, it may cause the applicant , at his expense , to submit an environmental impact study report and statement of impact in respect of his application and in that event shall specify the matters and things which shall be dealt with in such report and statement. (6) In any case where the Local Authority makes application for the approval by the Minister or the Governor in Council of any proposal in accordance with this Act or any other Act, the Minister may require submission to him of an environmental impact study report and statement of impact in respect of such proposal. (7) For the purpose of complying with a request from the Minister in accordance with subsection (6)- (a) the Local Authority may submit to the Minister, a copy of an environmental impactstudy report and statement of impact already supplied to the Council in respect of the proposal the subject of the application referred to in the said subsection (6); or

758 LocalGorernment Act and Another Act Arndt Act 1973, No. 83 (h) if no such report and statement have been required by and supplied to the Local Authority, the Local Authority may and is hereby authorized to require the person who applied for its approval, consent, permission or authority in the first instance in respect of the proposal to submit without cost to the Local Authority the environmental impact study report and statement of impact as required by the Minister. (8) For the purpose of this section the term " Local Authority " shall include Brisbane City Council.". 14. Amendment of s. 33. Town Planning . Section 33 of the Principal Act is amended- (a) by omitting from subparagraph (ii) of paragraph (a) of subsection (17) the word " forty " (wherever occurring), and substituting the word "fifty". and (b) by omitting from paragraph (ii) of clause (a) of subsection (18) the third subparagraph thereof commencing " Such advertisement shall and substituting the following subparagraph:- " Such advertisement shall contain the following particulars of the application:- (a) the postal address and real property description of the land to which the application relates or applies; (b) the area of the land; (c) the length of road frontage (frontage to each road, if more than one, to be shown separately); (d) the nature of the proposed use; (e) where the application relates to the erection of a building, or other structure, the following particulars of such building or structure:- (i) the dimensions or gross floor area; (ii) the number of storeys; (f) the number of motor vehicles for which parking provision is to be made on the land; (g) the number of employees proposed to be engaged on the land; and (h) the nature of any machinery proposed to be used on the land; and shall state- (i) that the application or a copy thereof shall be open to inspection by any person at the office of the Local Authority; and (j) that objections to the granting of the application may be lodged with the clerk on or before the date specified in the advertisement which date shall be not earlier than fourteen days after the publication of the advertisement, or if the advertisement is published more than once, the date of its last publication.".

Local Government Act and Another Act Anmdt Act 1973, No. 83 759 15. Amendment of s. 34. Subdivision of Land. Section 34 of the Principal Act is amended- (a) by inserting in subsection (12) after subparagraph (1) the following words and subparagraphs- " ; and (m) the availability of essential services, including electricity. to each separate parcel; and (n) whether in accordance with a by-law of the Local Authority. the applicant, in respect of electricity supply, should be required to provide, by' arrangement with the electric authority. for the undergrounding of such supply and (b) by omitting from the proviso to subsection (12) the expression and (1)" and substituting the expression " (1). (m) and (n) ". s. be erected or used in Section' 39 f the -Mcipal Act is ' -am ended by ion (15) the followir subsection:- 0. Conversion. (i) Notwithstanding the provisions of any by-law made under this Act or any other Act relating to the erection of buildings or other structures- (a) a Local Authority shall accept applications for the granting of approval, consent or permission to erect a building or other structure and may grant such approval. consent or permission to erect such building or other structure in respect of which an application has been made to it accompanied by documents showing the dimensions or other specifications of the building or other structure in metric notations which:- (i) in respect of building materials or components are hard conversions; or (ii) are conversions of the stated Imperial values within a tolerance of 500 below the stated minimum value or 5°, above the stated maximum value in such by-law. (b) from the date of comm(. ^icement of the Local Government Act and Another Act Amendment Act 1973 the floor to ceiling heights o£ 1-:,', `^_`)le rooms shall not be less ._i 2 400 millimetres an:.: of bathrooms, shower-rooms. idries, water closets and the like not less than 2 100 etres. (ii) In this subsection:- (a) the term " by-law " includes an Ordinance made by Brisbane City Council under the CitY of Brisbane Act1924-1973 and the Cur of Brisbane To%cn Planning Act 1964-1972; (b) the term "habitable room" means a room that is designed, constructed or adapted for the activities normally associated with domestic living, and for this purpose- (i) includes a bedroom, living room, lounge room, music room, television room, kitchen, dining room. sewing room, study, playroom, sunroom and the like; and

760 Local Government Act and Another Act Amdt Act 1973, No. 83 (ii) excludes bathrooms, shower-rooms, laundries, water closets and the like and such rooms or spaces as food storage pantries, walk-in wardrobes, corridors, enclosed verandahs, hallways, lobbies, photographic dark rooms, clothes drying rooms, and other spaces of a specialised nature occupied neither frequently nor for extended periods; and (c) the term " hard conversion " denotes a physical change in product characteristics from existing Imperial values to preferred or rationalised metric values as recognised by the Standards Association of Australia. (d) the term " Local Authority " includes Brisbane City Council.". 17. New Sched ule IV. The Principal Act is amended by inserting after the Third Schedule the following Schedule:- "FOURTH SCHEDULE [s. l7R] APPEALS 1. Composition of Appeal Board . For the purposes of an appeal in accordance with the provisions of section 17B. the Appeal Board shall consist of three persons, namely:- (a) a stipendiary magistrate, who shall be appointed in each case by the Minister; (b) a Local Authority representative appointed in each case by the local authority; and (c) a members' representative appointed in each case by the executive of the Union of which the appellant is a member. 2. Chairman . The Stipendiary Magistrate appointed as one of the persons to constitute an Appeal Board shall be the chairman of the Board. 3. Board to hear and determine appeals. The Appeal Board -hall hear and determine the appeal for which it is constituted. 4. Secretary to Board . There shall be appointed by the Minister a person who shall be designated the Secretary to Appeal Boards and who, whilst his appointment remains in force shall be the secretary to each Appeal Board constituted pursuant to this Schedule (hereinafter in this Schedule referred to as the secretary "). In addition the Minister may make such additional administrative staffing arrangements as he may deem necessary for the purpose of specific Appeal Boards. 5. Board to act by majority. All powers of the Appeal Board maybe exercised by a majority of the members thereof. 6. Failure to appoint representative . The secretary shall- (a) in any case where he is not notified within the time prescribed by clause 12 of the name and address of the Local Authority's representative on the Board; and

Local Government Act and Another Act Antdt Act 1973, No. 83 761 (b) in any case where he is not notified within the time prescribed by' clause 13 and otherwise pursuant to that clause of the appointment of, and the name and address of, the members' representative on the Board. immediately notify the Minister, and in any such case, the Minister may appoint a person to be the Local Authority's representative or the members' representative, as the case may be, and the person so appointed by the Minister shall be deemed to have been appointed by the Local Authority as the Local Authority's representative on the Board or by the executive of the Union of which the appellant is a member as the members' representative on the Board as the case may be. The Minister shall cause the secretary to be notified of the name and address of any person appointed by him pursuant to this subclause. 7. Form of notice of following form:- 1. Notice of appeal shall be in the NOTICE APPEAL I, of , hereby give notice of appeal against the decision made by or on behalf of the Council of the (here insert the name of the City, Town or Shire in question) and communicated to me on the day of 19 whereby I was dismissed. The grounds on which I make my appeal are (here insert grounds of appeal). I formerly occupied the position of , at classification $ minimum and $ maximum, and was in receipt of a salary of $ per annum. € am a member of (here insert name of Union) Union. Dated at this day of , 19 Appellant. 8. Where to fo ° Notice of appeal shall be despatched to the secretary within twenty-one days of the date on which the notice of dismissal affecting an officer is communicated to him directly or within twenty-one days of date upon which he is notified of grounds of dismissal in accordance with section 17B (3), or, where no grounds are furnished to the officer in accordance with that subsection within twenty-one days of the date of the expiry time for the furnishing to the officer of the ground or grounds on which he was dismissed, whichever is the later date. 9. Dealing wi Upon receipt of a notice of appeal the secretary shall forward a copy of it to each of them the Minister, the cler'., and the Unionof which the appellant is a member, and thereupon all such action shall be taken as may be necessary to cause the ' ,peal Board to be constituted to hear and determine the appeal. 10. c_ __ The Chairman of the Appeal Board shall, as early as pra -cable after the date of the constitution of the Appeal Board, fix the date on which the appeal shall be heard: But the Appeal Board may decline to hear or entertain any matter of appeal which in the Board's opinion, is based on trivial or frivolous grounds.

762 Local Government Act and Another Act Amdt Act 1973, No. 83 11. Notice of hearing -Form of notice of hearing. The secretary shall give the clerk, the appellant, and the Union not less than seven clear days' notice of the date when the appeal will be heard and the particulars provided for in the form prescribed by this clause. The notice of hearing shall he in the following form:-, NOTICE OF HEARING OF APPEAL Appeal against the decision made by or on behalf of the Council of the (here insert the name of the Citr. Town or Shire in question) whereby (here insert subject-matter of (lecision). To: Take notice that the above matter will be heard by the Appeal Board, at the (building and location), at (time) on (day of creek and (late). The names of the persons appointed to constitute the Appeal Board are as follows:-(here insert names of members of the Board). Dated at this day of , 19 Secretary of the Board. 12. Clerk to notify appointment of representative. The clerk shall within fourteen days of the receipt by him of the copy of the notice of appeal pursuant to clause 9 inform the secretary of the name and address of the person appointed by the Local Authority as its representative on the Board. 13. Union to notify appointment of representative. The appointment of a members' representative in accordance with the provisions of clause I hereof and the name and address of such representative shall be notified- by the Union concerned. to the secretary within fourteen days of the receipt by the Union of the copy of the notice of appeal pursuant to clause 9. If the members' representative is an officer of the Local Authority he shall be granted leave of absence on full pay to enable him to act as such members' representative. 14. Withdrawal of appeal . If the appellant wishes to withdraw his appeal he shall notify the secretary at least three days before the hearing. 15. Procedure . The parties to the appeal shall be entitled to subpoena witnesses in the same manner and subject to the same penalties and conditions as witnesses may be summoned to give evidence before justices in proceedings under the JusticesAct1886-1973, and to have all witnesses examined on oath or affirmation. 16. Appellants and Clerk to supply names of witnesses. The appellant and the clerk, respectively, shall supply the secretary with a list of all persons to be subpoenaed by the Chairman of the Board, to give evidence on behalf of the appellant and the Local Authority, respectively, relevant to the appeal. 17. Leave to be granted to witnesses , etc. Such leave of absence to officers or employees as is necessary shall be granted on full pay to ensure the attendance of witnesses who are required to give evidence before the Appeal Board, and to admit of the appearance of officers or employees required to act as agents for appellants.

Local Government Act and Another Act Arndt Act 1973, No. 83 763 18. R elative papers to be : . - T or appellant . Before proceeding to take evidence all papers and correspondence bearing on the decision appealed against shall be read or otherwise made available for the use of the appellant, provided that the Local Authority may withhold from the Appeal Board and the appellant any papers or correspondence , if for any reasons of public policy, of which the Local Authority shall be the judge, it is considered undesirable-to produce them. 19. -v'- , ) be taken in pre se nce of All evidence shall be taken in the presence of the appellant , but if the appellant fails to appear the Appeal Board may deal with the appeal on such evidence as is available. 20. Record of procE > . The secretary shall convene all meetings of the Board, and arrange for the keeping of all records of proceedings and decisions in such manner as may be directed. 21. Public or private and representation. (1) An appeal under section 17n of this Imct shall be heard in private except where the appellant, at any time up to the commencement of the hearing of the appeal, requests that it be heard in public, in which case the appeal shall be so heard. (2) Where an appeal is heard under, section 17B, the Local Authority and the appellant may respectively be represented in the proceedings by its or his counsel or solicitor or by its or his agent duly appointed in writing in that behalf. (3) Any agent who may represent the Local Authority or the appellant pursuant to this clause , as well as any counsel or solicitor who may represent the Local Authority or the appellant pursuant to this clause may examine witnesses and address the Board. 22. Duty of Board . ( 1) The Appeal Board shall in respect of every appeal transmit the evidence taken together with its decision thereon to the clerk or, where the appeal is against the clerk being dismissed, to the Chairman. (2) The Appeal Board shall make its inquiry without regard to legal forms and solemnities , and shall direct itself by the best evidence it can procure or that is laid before it, whether the same is such evidence as the law would require or admit in other cases or not. (3) For the purposes of an appeal under section 17B, the Appeal Board shall have and may exercise all or any of the powers, authorities , protections and jurisdictions of a Commission or a Commissioner within the meaning of The Commissions of Inquiry Acts 1950 to 1954. (4) Subject to section 17B (6 ), the Appeal Board, in making a determination in respect of an appeal under the said section 17n, may dismiss the appeal or allow it and where it allows the appeal it shall determine that the appellant be reinstated. Every determination shall, subject to the said section 17B and to this Schedule , have effect according to its tenor.

764 Local Government Act and Another Act Amdt Act 1973, No. 83 23. Evidence and decision on appeal to be forwarded to Council. (1) The clerk shall table at the next following meeting of the Local Authority the evidence and decision of the Appeal Board in every case where it is transmitted to him- pursuant to clause 22. (2) The Chairman shall table at the next following meeting of the Local Authority the evidence and decision of the Appeal Board in every case where it is transmitted to him pursuant to clause 22. 24. Decision in respect of appeal to be notified to appellant. (1) The Chairman shall, within fourteen days of his receiving it cause the appellant to be notified of the decision of the Appeal Board in every case where the evidence and decision is transmitted to him under clause 22. (2) The clerk shall, within fourteen days of his receiving it notify the appellant of the decision of the Appeal Board in every case where the evidence and decision is transmitted to him under clause 22. 25. Decision of Appeal Board final. Subject to clause 26, a decision or determination of the Appeal Board in respect of an appeal under section 17B shall be final and shall be given effect to by the Local Authority and shall not be subject to any further appeal to any court or tribunal whatsoever and no writ of prohibition or mandamus or certiorari shall lie in respect thereof. 26. Compensation in lieu of reinstatement . (I) Notwithstanding a decision or determination of the Appeal Board that an appellant who has appealed against being dismissed be reinstated, the Local Authority may elect not to reinstate the dismissed employee but. in lieu, to pay to him compensation of an amount equivalent to four weeks' salary for each year of service with the Local Authority or, where he has served also with any other Local Authority (including Brisbane City Council) for each year of service with the Local Authority and any such other Local Authority or Local Authorities or Brisbane City Council such salary being reckoned on the average of the weekly salary paid to him during the fifty-two weeks immediately preceding the date upon which he was dismissed or paid to him during his period of service with the Local Authority if that period is of a duration of less than fifty-two weeks. (2) Where in the calculation of the period of service there is part of a year as a residue, or where the period of service is for part of a year only, compensation pro rata shall be paid.in respect of that part of a year. (3) In the calculation of the period of service, the appellant shall be deemed. to have continued in the service of the Local Authority up to the date of election referred to in this clause. (4) An election shall be made by the Local Authority within fourteen days of the Appeal Board's decision being tabled at a meeting of the Local Authority, and on making the election it shall notify the appellant forthwith.

Local Government Act and Another Act Amdt Act 1973, No. 38 765 (5) Where an election is made in accordance with this clause and the appellant is not paid the amount of compensation as prescribed, he may recover the amount from the Local Authority by action in any court of competent jurisdiction as a debt due to him by the Local Authority. 27. Preservation of rights of officer. (I) Where an officer is reinstated in the employment of the Local Authority pursuant to this Act following an appeal by him against dismissal his employment shall be on terms and conditions not less favourable than those on which he held employment immediately prior to dismissal and, without limiting the generality of the foregoing- (a) his rights to annual, sick and long service leave superannuation benefits and incremental payments shall be preserved, and any period of absence from duty because of such dismiss l shall not.H t--Bated as a break in the period of his. continuous s::rv:<-e v'ith the Local Authority but shall be deemed to be part of such continuous service; (b) all necessary adjustments shall be made with respect to any payments made to the officer in relation to long service leave or superannuation benefits, including repayment by the officer of payments made to him by the Local Authority or the appropriate superannuation fund, and with respect to superannuation premiums or contributions so that the position will be the same as it would have been had the officer not been dismissed but, in lieu had continued to be employed by the Local Authority; (c) the Local Authority shall pay to him the appropriate salary or wages that would have been payable to him from the time of his dismissal to the time of his reinstatement had he not been dismissed. (2) Where the Local Authority elects pursuant to clause 26 not to reinstate the officer the Local Authority shall pay to him the appropriate salary, annual, sick and long service leave payments, payments in respect of superannuation contributions and incremental payments that would have been due or payable to him up to the time compensation is paid to him pursuant to the said clause had he remained an officer up to that time. (3) Any moneys payable in accordance with this clause may be recovered by the person to whom they are payable from the person by whom they are payable in any court of competent jurisdiction as a debt due. (4) Any payments or adjustments made pursuant to this clause shall take into account any period of suspension of the officer from his duties during which he was not paid salary or wages, and for this purpose a period between dismissal and reinstatement or election includes a period of suspension.

766 Local Government Act and Another Act Amdt Act 1973, No. 83 28. Allowance to witnesses . Amount of expenses . Any witness, not being an officer, summoned on behalf of the Local Authority to give evidence before the Appeal Board, shall be paid an allowance by the Local Authority to give evidence before the Board. upon the certificate of the Chairman of the Appeal Board. Such allowance shall be a sum equal to the amount of salary or wages lost by the witness for the day or days of attendance at the hearing of the appeal or, if the witness is not in receipt of salary or wages. a sum which , in the opinion of the Chairman, would be proper payment, taking into consideration the occupation of the witness. and the time lost in attendance. In addition to allowance for attendance, reasonable travelling expenses actually paid by a witness may be allowed, but not exceeding 6.25 cents for every kilometre a witness resides from the place at which- he is required to attend. 29. Expenses of appellant's witnesses . (1) Except as hereinafter provided, the Local Authority shall not be responsible for travelling or other expenses of witnesses subpoenaed by the appellant. (2) The Local Authority is responsible for travelling or other expenses of any witness summoned by or on behalf of an officer where, but only where, the appeal has been allowed and the evidence of such witnesses was, in the opinion of the Chairman of the. Appeal Board, necessary and material. 30. Claims to be submitted to chairman . The secretary shall submit the claim made by a witness for expenses to the Chairman of the Appeal Board, who shall give his certificate as to attendance. and determine the amount to be allowed. 31. Expenses to appellant . In cases where the appellant is successful, and the Appeal Board considers that reasonable expenses or any part thereof should be paid to the appellant by the Local Authority, the Chairman of the Board shall certify accordingly and the Local Authority shall pay to the appellant the amount so certified. 32. Expenses by Board, by whom paid . All expenses whatsoever payable under this Schedule by the Local Authority in connection with appeals heard by the Appeal Board, including the expenses of the members of .the Board, secretary, reporters, and others, shall be defrayed from the General Fund of the Local Authority. Vouchers for expenses shall be certified by the Chairman of the Board.". 18. Retrospectivity . (1) Subject to this section, section 17B and the Fourth Schedule as inserted in the Principal Act by this Act shall in respect of any officer of the Local Authority who has been dismissed from the employment of the Local Authority during the period commencing on the first day of January, 1973, and ending on the date of commencement of this Act have effect and be deemed to have had effect as though they commenced and were effective on and from the first day of January, 1973. and shall have retrospective operation accordingly. (2) An officer to whom subsection (1) refers who desires to appeal against his having been dismissed shall within one month from the commencement of this Act notify the Local Authority in writing accordingly.

Local Government Act and Another Act Aindt Act 1973, No. 83 767 (3) The Local Authority shall, within fourteen days of being so notified, furnish to the officer in writing the ground or grounds upon which he was dismissed. (4) Where the ground is, or the grounds are, furnished to the employee in accordance with subsection (3), the officer may appeal to the Appeal Board by notice despatched to its secretary within twenty-one days of the ground or grounds being furnished and the provisions of the Fourth Schedule as inserted in the Principal Act by this Act. shall apply with respect to the appeal. (5) Where no grounds are furnished to the officer in accordance with subsection (3) the officer may appeal to the Appeal Board by notice despatched to its secretary within twenty-one days of the expiry time for the furnishing by the Local Authority to the officer of the ground or grounds on which he was dismissed setting out in the notice that no grounds were furnished to him, and the Appeal Board, on being satisfied that no grounds were furnished as aforesaid, shall determine that the appeal is allowed and that the employee be reinstated; and the provisions of the Fourth Schedule of the Principal Act, as referred to in subsection (1) shall, subject as aforesaid, apply with respect to the appeal. PART III-AMENDMENT OF CIT Y OF BRISBANE TOWN PLANNING ACT 1964-1972 19. Citation . The City of Brisbane Town Planning Act 1964-1972 is in this Part referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the City of` Brisbane Town Planning Act 1964-1973. 20. E ( appeals --y of s. 22. Obj ections to certain applications and <rs. Section 22 of the Principal Act is amended-- (a) by adu:ng after subsection (1) the following subsection (IA):- "(IA) Such advertisement shall contain particulars of the application as follows:- (a) In the circumstances referred to in paragraph (a) of subsection (I)- (i) the postal address and real property description of' the land, to which the application relates or applies, (ii) the area of the land; (iii) the zone from which the land is - proposed to be excluded; (iv) the zone in which the land is proposed to be included; and (v) the use desired to be made of the land following rezoning.

768 Local Government Act and Another Act Amdt Act 1973, No. 83 (b) In the circumstances referred to in paragraph (b) of subsection (1)- (i) the postal address and real property description of the land to which the application relates or applies; (ii) the area of the land; (iii) the number of allotments into which the land is proposed to be subdivided; (iv) the current zoning of the land; and (v) the use desired to be made of the land following subdivision. (c) In the circumstances referred to in paragraph (c) of subsection (1)- (i) the postal address and real property description of the land to which the application relates or applies; (ii) the area of the land; (iii) the length of road frontage (frontage to each road, if more than one, be shown separately); (iv) the nature of the proposed use; (v). where the application relates to the erection of a building or other structure the following particulars of such building or other structure:- (a) the dimensions or gross floor area; (b) the number of storeys; (vi) the number of motor vehicles for which parking provision is to be made on the land; (vii) the number of employees proposed to be engaged on the land; and (viii) the nature of any machinery proposed to be used on the land. (d) In every case shall state- (i) that the application or a copy thereof shall be open to inspection by any person at the office of the Department of Council so nominated from time to time by the Council in accordance with subsection (4); and (ii) that objections to the granting of the application may be lodged with the Town Clerk, on or before the date specified in the advertisement which date shall be not earlier than fourteen days after the publication of the advertisement, or if the advertisement is published more than once, the date of its last publication."; (b) by inserting in subsection (2), after the words " levying of rates." the words " Such notice shall state such particulars of the application as are prescribed by subsection (lA) to be contained in an advertisement published in accordance with subsection (1) in respect of such application but if the Council proposes to give the public notice of the application as required by subsection (1) the_date on or before which objections to the granting of the application may be lodged with the Town Clerk need not be stated in the notice to be given by the applicant in accordance with this subsection.";

Local Government Act and Another Act Amdt Act 1973, No. 83 769 (c) by omitting from subsection ( 2) the last sentence commencing with the words " A statement " and concluding with the words " of the notice."; (d) by omitting subsection ( 4) and substituting the following subsection:- " (4) The public notice of the application to which subsection (1) relates shall not be given until such application has been lodged in duplicate with the Town Clerk. The Council shall at all times during which the Council's office at the City Hall is open for the conduct of public business, make available a copy of the application for inspection at such place as the Council may nominate as the place where a copy of the application shall be open to inspection , such place being a place distant not more than seven hundred and fifty metres from the office of the Council, which in the opinion of the Council is centrally and conveniently situated. Where the applicant gives public notice pursuant to this section the applicant shall , during the period of seven days next following the date stated in the advertisement and in the notice on the land as the date on or before which objections may be lodged with the Town Clerk, or during such longer period as the Town Clerk may allow , lodge at such place as the Council may nominate as aforesaid as the place where the application or a copy of the application shall be open to inspection , the following- (i) a copy of the advertisement published in the newspaper pursuant to this section with the name of the newspaper in which the advertisement was published and the date on which the advertisement was published endorsed thereon; (ii) a copy, in writing , of the notice erected on the land to which the application relates or applies with the date on which such notice was erected endorsed thereon; and (iii) a Statutory Declaration by the applicant as to whether all the relevant provisions of this section concerning the giving of notice of the application have been complied with:. (e) by omitting subsection ( 10) and substituting the following subsection:- " (10) (a) Within ten days after the institution of an appeal, or within such extended time as the Court may allow upon sufficient cause being shown , the appellant shall serve on the applicant written notice of the appeal and the grounds thereof together with a statement that the applicant may elect within fourteen days after the notice is served on him to become a respondent to the appeal; (b) The applicant may, by filing in the Court notice of election in that behalf within fourteen days after the notice is served on him under this subsection , become a respondent to the appeal and shall be entitled to be heard in the appeal as a party thereto."; and

770 Local Government Act and Another Act Amdt Act 1973, No. 83 (f) by omitting subsection (14) and substituting the' following subsection:- " (14) Except where the Council causes the applicant to give public notice as aforesaid, the applicant shall pay to the Council the costs of the advertisement prescribed by this section and shall accompany hifs application with the amount of such costs.".