Local Government Act and Another Act Amendment Act 1985 (Qld)

785 Q ueenSIattb ANNO TRICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 44 of 1985 An Act to amend the Local Government Act 1936-1984 and the Local Government Act Amendment Act 1983 each in certain particulars and for related purposes [ASSENTED TO 24TH APRIL, 1985]

786 Local Government Act and Another Act Amendment Act 1985, No. 44 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title . This Act may be cited as the Local Government Act and Another Act Amendment Act 1985. 2. Commencement . (1) This Part and Part III shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) The Governor may by Proclamation- (a) appoint a date on which this Act (other than Parts I and III) shall commence; or (b) appoint dates on which the provisions (other than the provisions of Parts I and III) of this Act specified in the Proclamation shall commence. Such dates may be appointed in one Proclamation or in different Proclamations. Except as provided in subsection (1). this Act or a provision thereof specified in the Proclamation shall commence on the date appointed by Proclamation made under this subsection for the commencement of this Act or. as the case may be, that provision. 3. Arrangement of Act. This Act is arranged as follows:- PART I-PRELIMINARY (ss. 1-3); PART II-.AMENDMENTS OF LOCAL GOVERNMENT ACT 1936-1984 (ss. 4-27): PART III-AMENDMENTS OF LOCAL GOVERNMENT ACT AMENDMENT ACT 1983 (ss. 28-30). PART II-AMENDMENTS OF LOCAL GOVERNMENT ACT 1936-1984 4. Citation . ( 1) In this Part the Local Government Act 1936-1984 is referred to as the Principal Act. (2) The Principal A ct as amended by this Part may be cited as the Local Government Act 1936-1985. 5. Amendment of s. 1 . Section 1 of the Principal Act is amended, in subsection (3). by- (a) omitting the expression "Section 19A-Insurance of Members," and substituting the following expression:- "Section 19A-Sale of land by Local Authority by private contract for housing purposes.

Local Government Act and Another Act Amendment Act 1985, No. 44 787 Section 19AA-Insurance of members,": (b) after the expression "Section 31 B-By-laws respecting fencing swimming pools" inserting the following expression:- 11 Section 31C-By-laws respecting footpath trading, Section 31 D-Giving of notices of penalties for certain offences,"; (c) omitting the expression "Section 34A-When subdivisions of less than minimum area may be redivided," and substituting the following expression:- "Section 34A-When parcels may be amalgamated, redivided, etc., Section 34AA-Approval of access easements,": (d) omitting the expression "Section 42E-Illegal camping, etc.,": (e) after the expression "Section 52-Legal Proceedings" inserting the following expression:- Section 52A-Notification of time-sharing scheme to Local Authority". 6. Amendment of s. 3 . Section 3 of the Principal Act is amended, in subsection (1), by- (a) in the meaning of the term "Owner", inserting after provision (e) the following provisions:- "(ea) in the case of any land leased to any person or corporation by a Harbour Board within the meaning of the Harbours Act 1955-1982, the Port of Brisbane Authority or the Gold Coast Waterways Authority, the lessee: (eb) in the case of land on which there is a building the subject of a time-sharing scheme, the person named in the notification given to the Local Authority pursuant to section 52A as being the person responsible for the administration of the scheme as between participants in that scheme;"; (b) after the term "This Act" and its meaning, inserting the following term and meaning:- " "Time-sharing scheme" (in relation to any building or part of a building)-A scheme, undertaking or enterprise- (a) participants in which are, or may become, entitled to use, occupy or possess , for 2 or more periods during the period for which the scheme, undertaking or enterprise is to operate, the building or a part of the building; and

788 Local Government Act and Another Act Amendment Act 1985, No. 44 (b) that is to operate for a period of not less than 3 years;". 7. Amendment of s. 4 . Section 4 of the Principal Act is amended, in subsection (2), by omitting all words from and including the note "To he laid before Parliament " to the end of the subsection. 8. Amendment of s. 19A. Insurance of members . Section l9A of the Principal Act is amended by renumbering the section as section 19AA and therein omitting subsection (5) and substituting the following subsection:- "(5) In this section, the term "duties of his office" includes attendance- (a) at meetings and committee meetings of the Local Authority and inspections authorized by it, (b) at deputations, conferences and meetings where attendance is authorized by the Local Authority; (c) at official functions organized by the Local Authority: (d) upon residents of the Area for the purpose of performing his duties as member, or arising out of or in the course of his journey to or from such a meeting. committee meeting, inspection, deputation, conference, official function or, as the case may be, the place of attending upon residents.". 9. New s. 19A. The Principal Act is amended by inserting after section 19 the following section:- "19A. Sale of land by Local Authority by private contract for housing purposes . (1) A Local Authority may sell and agree to sell- (a) land acquired by it pursuant to section 27 (4) or (11); or (b) with the prior approval of the Governor in Council given by Order in Council, any other land acquired by it, by private contract without complying with section 19 (4) or (5) but subject to and in accordance with this section. (2) Restricted purpose of sale under this section . Every sale made under the authority of this section shall be for the purpose of the purchaser's erecting thereon a single unit dwelling house for his own occupation and enjoyment. (3) Condition precedent to sale under this section . (a) Before a Local Authority calls for applications to purchase any land pursuant to this section, it shall submit its proposal to sell that land for the approval of the Governor in Council. The proposal shall include specification of the terms and conditions to which the Local Authority proposes that the sale will be subject.

Local Government Act and Another Act Amendment Act 1985, No. 44 789 (b) The Governor in Council may approve of any proposed sale or may withhold his approval, and, if he approves, may impose terms and conditions to which the proposed sale shall be subject. (c) Upon application by the Local Authority, the Governor in Council may at any time vary the terms and conditions imposed by him under paragraph (b) or those terms and conditions as previously varied by him under this paragraph and if, in his opinion, the case requires it, may on like application revoke his approval and grant a fresh approval in its stead. (4) Conditions of sale under this section . Every agreement to sell entered into under the authority of this section- (a) shall be subject to and in accordance with the terms and conditions (if any) imposed by the Governor in Council that apply in respect of the proposed sale at the time when the agreement is made; and (b) shall be for such consideration and on such terms and conditions (being not inconsistent with the terms and conditions imposed by the Governor in Council to which the agreement is required to be subject) as the Local Authority determines by resolution. (5) Security to effect conditions . As a term or condition of an agreement to sell under the authority of this section the Local Authority may require a purchaser of land under this section to give and may take from the purchaser such security as the Local Authority thinks sufficient to ensure compliance with the terms and conditions of the agreement. (6) Procedure for selling land . (a) When the Local Authority proposes to sell any land under the authority of this section it shall, by public notice in a newspaper, call for applications to purchase the land. (b) Every application shall be in writing, in a form acceptable to the Local Authority, and shall be accompanied by such information as the Local Authority requires. (c) Where it appears that an applicant to purchase is not an eligible applicant his application shall be rejected. ( 7) Determination of purchaser amongst several applicants. Where in relation to a proposed sale under the authority of this section, by reason that- (a) there are two or more eligible applicants to purchase a particular allotment of land; (b) there are more eligible applicants than there are allotments of land available for purchase; or

790 Local Government Act and Another Act Amendment Act 1985. No. 44 (c) any other circumstances exist, it becomes necessary or desirable to determine which eligible applicant shall become the purchaser of a particular allotment of land, the determination shall be made by lot amongst the eligible applicants by means of a public ballot conducted on behalf of the Local Authority in such manner as the Local Authority directs by resolution. (8) False representation to be eligible applicant . (a) A person shall not, in an application to purchase land (whether a particular allotment or an unspecified allotment) or in any written or oral statement made in connexion with such an application, falsely represent himself to be an eligible applicant to purchase the land. Penalty: $ 1 000 or imprisonment for 12 months or both such fine and imprisonment. It is a defence to a charge of an offence defined in this subsection that the defendant did not know and could not have ascertained by the exercise of reasonable diligence that he was not an eligible applicant to purchase the land in question. The operation of section 24 of The Criminal Code is excluded in respect of an offence defined in this subsection. (b) Where the Local Authority is satisfied that a person with whom is made an agreement to sell under the authority of this section was not an eligible applicant to purchase the land to which the agreement relates at the time the agreement was made, the Local Authority may rescind the agreement whereupon all moneys paid by the purchaser to the Local Authority under the agreement shall be thereby forfeited to the Local Authority as vendor under the agreement. The power conferred by this paragraph may be exercised whether or not the purchaser is prosecuted for an offence defined in paragraph (a). (9) Evidentiary provisions . In any proceeding for an offence against this section- (a) a document purporting to be a certificate by the Director as to the terms and conditions imposed by the Governor in Council that applied at a date specified in the document in relation to a proposed sale of any land shall, upon its production in that proceeding, be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein; (b) a document purporting to be a certificate by the clerk of the Local Authority or, as the case may be, the Town Clerk appointed by the Brisbane City Council as to the terms and conditions imposed by the Local Authority that applied at a date specified in the document in relation to a proposed sale of any land shall, upon its production in that proceeding, be

Local Government Act and Another Act Amendment Act 1985, No. 44 791 evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein. (10) Saving of Local Authority 's other powers . This section does not prejudice in any way powers had by a Local Authority otherwise than under this section in respect of selling land. (1 1) For the purposes of this section- (a) the expression "Local Authority" includes Brisbane City Council: (b) "eligible applicant" means an applicant for the purchase of land who is eligible to purchase that land under the terms and conditions affecting the sale of that land and imposed by the Governor in Council and by the Local Authority.". 10. Amendment of s. 19B . Local Authority may contract to construct works for Crown, etc. Section 19B of the Principal Act is amended in subsection (4). in the first paragraph. by omitting the words ", a separate fund. and a separate banking account". 11. Amendment of s. 21 . Power to levy rates, etc. Section 21 of the Principal Act is amended by- (a) in the second paragraph, after the expression "(1 B)-Minimum general rate levy on certain mining tenements:" inserting the following expression:- -(IC) Minimum general rate levy where land subject to time- sharing scheme:": (b) after subsection (I B) inserting the following subsection:- "(IC) Minimum general rate levy where land subject to time- sharing scheme . Notwithstanding subsections (1) and (IA), a Local Authority may determine in relation to its Area or in relation to one or more divisions of its Area (where the Area is divided) that the minimum amount of the general rate to be levied by the Local Authority in respect of- (a) rateable land: or (b) a lot within the meaning of the Building Units andGroup Titles Act 1980-1984, where a building or part of a building on that land or on that lot is the subject of a time-sharing scheme or. in the case of a building units plan in respect of which the lot or part thereof is the subject of a time-sharing scheme, shall be an amount equal to the product of the minimum amount of the general rate levied in respect of rateable land in accordance with subsection (IA) in that Area or, as the case may be, that division and the number of parts of the building or, in the case of a lot on a building units plan that is the subject of a time-sharing scheme. the number of parts of that lot, each of which at any one time is

792 Local Government Act and Another Act Amendment Act 1985, No. 44 available for the exclusive separate occupation of a person for residential purposes."; (c) in subsection (4), in the third paragraph, omitting the words "Subject to the prior consent of the Minister, the" and substituting the word "The"; (d) in subsection (5A), in the second paragraph, omitting the words "Subject to the prior consent of the Minister the" and substituting the word "The". 12. Amendment of s. 27. Section 27 of the Principal Act is amended, in subsection (11), in paragraph (ii), by- (a) omitting the words "by registered post" where they first occur; (b) after the form of "Notice of Sale" inserting the following paragraph:- A notice of sale required to be served under this paragraph shall be served- (a) by registered post: (b) in the case where the name or address of the person to be served is unknown or the Local Authority is unaware whether or not the person to be served is living or dead, in the manner provided in section 52 (3) (iii) and, as the case may be, (vii); or (c) in the case where the Local Authority is aware that the person to be served is dead, in the manner provided in section 52 (3) (vi).". 13. Amendment of s. 28. Section 28 of the Principal Act is amended in subsection (15) by- (a) omitting paragraph (a) and substituting the following paragraph:- "(a) (i) The body corporate constituted by section 28 (15) (a) of the Local Government Act 1936-1984 immediately prior to the commencement of section 13 of the Local Government Act and Another Act Amendment Act 1985 under the name and style of the Trustees of the Local Authorities Debt Redemption Fund (in this subsection referred to as "the Trustees") shall continue in existence for the purpose of administering sinking funds (whether established before or after the passing of that commencement) for the liquidation of sums borrowed by Local Authorities and by that name shall have perpetual succession and an official seal and shall be capable in law of suing and being sued in its corporate name.

Local Government .-act and Another .-act .-amendment Act 1985, No. 44 793 (ii) The Trustees shall be constituted by- (A) the Under Treasurer who shall be a member ex officio and chairman: (B) the Director of Local Government for the State of Queensland who shall be a member ex officio; and (C) a person. who holds office as clerk to a Local Authority, appointed for the time being, by the Minister by notification published in the Gazette. (iii) A person appointed a trustee pursuant to paragraph (ii) (C) shall hold office at the discretion of the Minister. (iv) The office of a trustee appointed pursuant to paragraph (ii) (C) shall become vacant if he ceases to be a clerk to a Local Authority. (v) All courts. judges and persons acting judicially shall take judicial notice of the seal of the Trustees affixed to any document and shall presume that it was duly affixed. (vi) The Trustees shall not for any purpose represent the Crown.": (b) omitting paragraph (b) and substituting the following paragraphs:- "(b) (i) Any two of the persons constituting the Trustees present at a meeting of the Trustees shall constitute a quorum. (ii) Notwithstanding paragraph (a) (ii) if. at any time there is a vacancy in the office of the trustee referred to in paragraph (a) (ii) (C), the trustees referred to in paragraph (a) (ii) (A) and (B) shall, for so long as that vacancy continues, constitute the Trustees. (ba) A person appointed a trustee pursuant to paragraph (a) (ii) (C) shall be entitled- (i) to such fees and allowances as are approved by the Governor in Council from time to time: and (ii) to be re-imbursed such expenses necessarily incurred by him in the performance of his duties as a trustee as are approved by the Trustees. The amount of fees, allowances and expenses payable under this paragraph shall, for the purposes of paragraph (f), be an administration expense necessarily incurred by the Trustees.". 14. New s. 31C. The Principal Act is amended by inserting after section 31B the following section:- "31C. By- laws respecting footpath trading . (1) Notwithstanding any provision of any other Act, a Local Authority has power to make by-laws regulating (including the prohibiting of)- (a) the sale of goods: or

794 Local Government Act and .- another Act Amendment .4ct 1985. N o. 44 (b) the conduct of any other commercial activities, on a road under the control of the Local Authority from land or from a building or other structure erected on land abutting the road. (2) For the purposes of this section, the expression "Local Authority" includes Brisbane City Council and, in relation to that Council. the expression "by-laws" includes ordinances of that Council.". 15. New s . 31D. The Principal Act is amended by inserting after section 31C the following section:- -31D. Giving of notices of penalties for certain offences. (1) Where an officer, servant or person appointed by a Local Authority (such officer, servant or person being in this section referred to as an "authorized person") finds a person acting in contravention of- (a) a by-law made by the Local Authority in respect of camping. lodging or staying on land under the control of the Local Authority: (b) a by-law made by the Local Authority in respect of the keeping or control of dogs and declared by a by-law to be a by-law to which this section applies: or (c) a by-law made by the Local Authority in respect of any other matter which matter has been declared by Order in Council to be a matter to which this section may be applied, and which by-law, by the same or another by-law, has been declared to be a by-law to which this section applies. the authorized person may- (d) require that person to state his full name and usual place of residence; (e) upon ascertaining that person's full name and usual place of residence, give to him the notice specified in this section. (2) The notice- (a) shall be identified by a serial number: (b) shall identify the person to whom it is given by his full name and usual place of residence; (c) shall state in general terms the offence which the person is alleged to have committed; (d) shall inform the person in general terms that if he does not desire the matter to be determined in a court hearing he may complete the form attached to

Local Government .-act and .-another Act ,-amendment Act 1985, No. 44 795 or appearing upon the notice and may forward or deliver that form together with a sum prescribed by regulation by way of penalty to the clerk (or other officer nominated in that behalf and named therein) within the time appointed in the notice (which shall be not less than 10 days from the date of the giving of the notice) whereupon he will not be liable to further penalty or costs in the matter; (e) shall inform the person in general terms that he has the right to decline to proceed in the manner described in paragraph (d) and to allow the matter to be determined in a court hearing- (i) if he desires to contest the question whether the offence alleged was in fact committed; (ii) if he wishes to submit to the court matters in extenuation of penalty; or (iii) for any other reason, in which event he need not reply or take further action in respect of the notice and that in such case court process will issue against him in due course. (3) Where a person to whom a notice is given pursuant to subsection (I) proceeds in the manner described in subsection (2) (d) within the time appointed in the notice a proceeding against him by way of prosecution for'the offence alleged in the notice shall not be competent but otherwise such a proceeding may be commenced as if the notice had not been given. (4) A person shall not assault or use insulting or abusive language to an authorized person who is exercising any of his powers under this section or is attempting so to do. Penalty: $200. (5) A person shall not fail to comply with a requisition directed to him under this section by an authorized person or, in response to such a requisition, give any information that is false or misleading. Penalty: $200. (6) An authorized person shall not incur any liability on account of anything done bona fide and without negligence for the purposes of or purportedly for the purposes of this section. (7) In any proceedings for an offence referred to in this section a statement in the complaint- (a) that the offence which the person is alleged to have committed is an offence against the by-laws of the Local Authority; and

796 Local Government Act and Another Act Amendment Act 1985, N o. 44 (b) that the defendant named therein has not proceeded in the manner described in subsection (2) (d) within the time appointed in a notice given to him pursuant to subsection (1), is evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained in the statement. (8) Section 28A of the Acts Interpretation Act 1954-1977 (Tabling of Regulations) shall apply with respect to Orders in Council made for the purposes of this section as if those Orders in Council were regulations.". 16. Amendment of s. 33. (1) Section 33 of the Principal Act is amended by- (a) in subsection (2D), after provision (b), inserting the following provision:- "(ba) copies of writings for the implementation of that plan;"; (b) in subsection (5), in paragraph (a), in the second paragraph, after the words "on town planning", inserting the words ", other than a policy determination made pursuant to subsection (18E) (e),"; (c) in subsection (21)- (i) in paragraph (c)- (A) omitting the words ", and shall not remain in force for a longer period than six months:"; (B) omitting the proviso to the paragraph; (ii) inserting at the end of the subsection the following paragraph:- "(d) Any by-law made by a Local Authority pursuant to paragraph (b) and in force immediately prior to the coming into force of those provisions of the Local Government Act and Another Act Amendment Act 1985 which amended this subsection shall subject to amendment or repeal by a by-law made under this subsection, remain in force until the approval pursuant to this section of a town planning scheme for the Area, or part of the Area in which the by-law is applicable."; (d) omitting subsection (22B) and substituting the following subsection:- "(22B) Prohibition on combined use of land etc., for service station and shop etc. (a ) Subject to paragraph (b) and notwithstanding anything contained in a town planning scheme in force in an Area, or part of an Area, specified by the Governor in Council by Order in Council, any land, or any building or other structure on land, in the Area or part of the Area so specified shall not be used as a service station in combination

Local Government Act and Another Act Amendment Act 1985, No. 44 797 with any of the following uses each of which is in this subsection called a "specified use"- (i) drive-in shopping centre; (ii) general store; (iii) local store; (iv) shop; (v) shopping centre; or (vi) store. (b) The provisions of paragraph (a) shall not prevent the use of any land, building or other structure as a service station in combination with a specified use where- (i) the use in question was an existing lawful use of the land, building or other structure, at the commencement of the Local Government Act and Another Act Amendment Act 1985; (ii) consent for the use in question has been granted before the commencement of the Local Government Act and Another Act Amendment Act 1985 and the use is effected in conformity with that consent; or (iii) or the land in question is included in a zone to permit its use for that purpose pursuant to an application determined in accordance with section 16 (2) of the Local Government Act and Another Act Amendment Act 1985 and the use is effected in conformity with that determination. (c) A use of any land, building or other structure that, by reason of paragraph (b), is not prevented by paragraph (a) shall be deemed to constitute a lawful non-conforming use of the land, building or other structure in question under the town planning scheme in force in the Area or part of the Area in which the land, building or other structure is situated. (d) In the application of paragraph (a) and (b) to an Area or part of an Area, the terms "service station", "drive-in shopping centre", "general store", "local store", "shop", "shopping centre" and "store" shall have the meanings assigned to them by the town planning scheme in force in the Area or part of the Area." (2) Where, prior to the day on which the Bill for this Act was introduced into the Legislative Assembly, an application pursuant to section 33 of the Principal Act to exclude land from a zone and to include that land in another zone to permit its use for the purpose of a service station in combination with a specified use as defined in subsection (1) has been duly made, that application shall be determined pursuant to the Principal Act as if subsection (1) of this section had not been enacted. 29

798 Local Government Act and Another Act Amendment Act 1985, No. 44 17. Amendment of s. 34. Section 34 of the Principal Act is amended by- (a) in subsection (12C), in the first paragraph, omitting the expression "not exceeding $100"; (b) in subsection (15), in the first paragraph of paragraph (a), after the word "land", inserting the words "and every application pursuant to section 34A or 34AA". 18. Repeal of and new s . 34A. When subdivisions of less than minimum area may be redivided . The Principal Act is amended by repealing section 34A and substituting the following section:- "34A. When parcels may be amalgamated , redivided , etc. (1) A registered proprietor of land that is divided into parcels by plan registered in the office of the Registrar of Titles may at any time (whether or not any of those parcels is less than the minimum area of a subdivision of land as fixed at that time by the Local Authority) lodge with the Registrar of Titles a fresh plan of survey- (a) showing the land as one undivided parcel; or (b) showing the land as redivided into parcels each of an area equal to or greater than the minimum area of a subdivision of that land as fixed by the Local Authority: Provided that such a fresh plan of survey shall not be lodged after the commencement of the Local Government Act and Another Act Amendment Act 1985 unless the plan is approved by the Local Authority. (2) Subject as hereinafter provided , the Registrar of Titles shall register such fresh plan of survey approved by the Local Authority which plan shall thereupon supersede any plan dividing that land into parcels previously registered by him to the extent that it relates to that land: Provided that where the land is held under separate grants or certificates of title the Registrar may, before registering the fresh plan, require the registered proprietor to make an application under section 94 of the Real Property Act 1861- 1981, and to comply with the provisions of that section in respect of that application. (3) When a fresh plan of survey of any land is registered by the Registrar of Titles under this section, the land, the subject of that plan, shall be deemed to be undivided or, as the case

Local Government Act and Another Act Amendment Act 1985, No. 44 799 may be, divided into subdivisions in accordance with that plan and not otherwise until that land is again lawfully subdivided under and in accordance with the provisions of this Act. (4) To the extent necessary to apply the provisions of this section, the Real Property Act 1861-1981, shall be read subject hereto. (5) An applicant for the approval of a Local Authority pursuant to subsection (1) shall make application in or to the effect of the form prescribed by the Local Authority and shall accompany the application with the fee or fees determined from time to time by the Local Authority by resolution. (6) Upon an application being made to the Local Authority pursuant to this section, the Local Authority may- (a) approve the application: (b) refuse to approve it; (c) approve it subject to conditions.". 19. New s. 34AA. The Principal Act is amended by inserting after section 34A, the following section:- "34AA. Approval of access easements . (I) After the commencement of section 19 of the Local Government Act andAnother Act Amendment Act 1985, an instrument of grant creating an easement of right of way under which vehicles have a right of way across land to a road, street or highway dedicated to the public other than a declared road within the meaning of the Main Roads Act 1920-1983 shall not be lodged for registration with the Registrar of Titles and the Registrar of Titles shall not register such an instrument lodged after that commencement under the provisions of the Real Property Act 1861-1981 unless the instrument- (a) is endorsed with; or (b) is accompanied by a certificate of, the approval of the Local Authority of the right of way. (2) Application for the approval of a Local Authority specified in subsection (1) shall be made in or to the effect of the form prescribed by the Local Authority and shall be accompanied by the fee or fees determined from time to time by the Local Authority by resolution. (3) Upon an application being made to the Local Authority pursuant to this section, the Local Authority may- (a) approve the application; or (b) refuse to approve it.".

800 Local Government Act and Another Act Amendment Act 1985, No. 44 20. Amendment of s. 35 . Classification of roads . Section 35 of the Principal Act is amended by- (a) in subsection (23), omitting the last paragraph; (b) after subsection (24A), inserting the following subsection:- "(24.4-A) Permit to construct and work private railways on roads . (a) A Local Authority may, with the consent of the Governor in Council, grant to any person, firm, or association of persons (hereinafter referred to as a "railway owner"), desirous of constructing, managing , or working a private railway, a permit to construct, manage or work such railway or any part thereof in, along, upon, across, under, or over any road or bridge within the Area. Such permit shall not be granted for any period exceeding 9 years, but may, with the like consent, be renewed from time to time for any further period not exceeding 9 years. (b) A permit issued by a Local Authority pursuant to this subsection shall be subject to such conditions, reservations, restrictions, and stipulations as the Local Authority, with the consent of the Governor in Council, may think proper. (c) It shall be lawful for a railway owner, pursuant to a permit issued by a Local Authority pursuant to this subsection and during the currency thereof, to construct, manage , and work the railway in the manner indicated in the permit without being liable to any action or proceeding on the ground that the existence of such railway is an obstruction to the road or bridge in question. (d) Subject to this Act, a local Authority may make by-laws regulating the conditions on which a permit for a private railway may be granted, renewed, suspended or revoked , and generally for the safe and convenient working of such a railway and all such by-laws shall be observed by a railway owner and all other persons concerned.". 21. Amendment of s. 42D . Section 42D of the Principal Act is amended by- (a) in subsection (1), omitting the words "shall be liable to a penalty not exceeding ten pounds and also" and substituting the words "commits an offence against this Act and in addition to any penalty which may be imposed upon conviction for such an offence shall be liable"; (b) in subsection (2) omitting the words "shall be liable to a penalty not exceeding fifty pounds" and substituting the words "commits an offence against this Act"; (c) in subsection (3) omitting the words "shall be guilty of an offence and liable to a penalty not exceeding fifty pounds" and substituting the words "commits an offence against this Act";

Local Government Act and Another Act Amendment Act 1985, No. 44 801 (d) in subsection (4), omitting the first paragraph and substituting the following paragraph:- "A person who, without due authority, wilfully lets in or knowingly suffers to enter upon the enclosed land of any other person any animal commits an offence against this Act."; (e) in subsection (5), omitting the words "shall be liable to pay all fees. rates and charges in respect thereof and in addition, to a penalty not exceeding fifty pounds" and substituting the words "commits an offence against this Act and in addition to any penalty which may be imposed upon conviction for such an offence shall be liable to pay all fees, rates and charges in respect thereof "; (f) in subsection (6), omitting the words "shall be liable to pay all fees, rates and charges in respect thereof and in addition, to a penalty not exceeding fifty pounds" and substituting the words "commits an offence against this Act and in addition to any penalty which may be imposed upon conviction for such an offence shall be liable to pay all fees, rates and charges in respect thereof "; (g) in subsection (7)- (i) in the first paragraph, omitting the words "shall be liable to a penalty not exceeding fifty pounds" and substituting the words "commits an offence against this .Act": (ii) in the second paragraph, omitting the words "shall be liable to a penalty not exceeding fifty pounds" and substituting the words "commits an offence against this Act". 22. Repeal of heading . The Principal Act is amended by repealing the heading "ILLEGAL CAMPING" appearing after section 42D. 23. Repeal of s. 42E. Illegal camping , etc. The Principal Act is amended by repealing section 42E. 24. Amendment of s. 50 . Section 50 of the Principal Act is amended in subsection (8), by omitting paragraph (i) and substituting the following paragraph- (1) Except as is herein otherwise provided, a person shall not wilfully obstruct, hinder, resist or in any way oppose- (a) a Local Authority, or any person appointed, employed or authorized by a Local Authority, in the performance of anything which it or he is empowered or required to do by any Act; (b) any person appointed by the Governor in Council or by the Minister in the performance of anything which he is empowered or required to do by this Act. Penalty: $500 and $50 for each day during which the offence continues.".

802 Local Government Act and Another Act Amendment Act 1985, No. 44 25. Amendment of s. 52. Section 52 of the Principal Act is amended by- (a) in subsection (3)- (i) in paragraph (i). in the paragraph commencing with the words "For the purposes of " omitting the words "in Queensland": (ii) after paragraph (ix), inserting the following paragraph:- "(x) Notwithstanding any provision of this Act requiring any such document to include a statement of the provisions of any law, that statement may be omitted from any such document published as provided in paragraph (iii), (vi) or (vii) but that document shall include a statement that particulars of those provisions may be obtained, without payment of a fee, upon application to the Local Authority, whereupon for the purposes of the first-mentioned provision, a statement of the provisions of the relevant law shall be deemed to have been included in the document.": (b) after subsection (3A). inserting the following subsection:- "(3B) Service where land comprised in time-sharing scheme. Where a building or a part of a building on land is the subject of a time-sharing scheme under which persons participating in that scheme acquire undivided shares in the estate or interest in the land. any notice. order, process, summons, or other document under or for any of the purposes of this Act or any other Act required or authorized to be given or served to or upon the registered proprietors or the owner of the land may be addressed to them by the description of "the registered proprietors" or, as the case may be, "the owner" of the land in question (describing the land) without further name or description and may be served upon the person named in the notification given to the Local Authority pursuant to section 52A as being the person responsible for the administration of the scheme as between the participants in the scheme at the address for service of notices specified in that notification, and if served upon that person in accordance with this section shall be deemed to have been properly given or served to or upon the registered proprietors or, as the case may be, owner of that land for the purposes of this Act or that other Act.". 26. New s. 52A. The Principal Act is amende, y inserting after section 52 the following section:- "52A. Notification of time- sharing scheme to Local Authority. (1) A registered proprietor or owner of land at the time a time- sharing scheme is implemented in respect of any building upon that land shall within 30 days of that implementation give notification in writing to the Local Authority which notification shall include- (a) advice as to the number of the parts of the building each of which part may at any one time be occupied

Local Government Act and Another Act Amendment Act 1985, No. 44 803 by any person for residential purposes to the exclusion of other occupants of the building: and ' (b) the name and address for service of notices of the person responsible for the administration ( including the maintenance of the building and other property) of the scheme as between participants in the scheme. A notification given pursuant to provision (b) shall also be signed by or on behalf of the person whose name and address for service of notices is notified therein. (2) A person whose name and address for service of notices is notified pursuant to subsection ( 1) who changes his address for service of notices shall forthwith give written notification of the new address for service to the Local Authority. (3) If at any time after a notification has been given pursuant to subsection (1). a person other than the person whose name and address for the service of notices has been notified in accordance with subsection ( 1) of this subsection , becomes responsible for the administration of the scheme as between participants of the scheme . both persons shall forthwith give notification in writing to the Local Authority of the name and address for service of notices of the firstmentioned person. (4) For the purposes of this section, a time-sharing scheme shall be deemed to be implemented when any person becomes or agrees to become a participant in that scheme.". 27. Amendment of Third Schedule. The Principal Act is amended in the Third Schedule by- (a) in rule 6lA- (i) omitting subrule (2) and substituting the following subrule:- "(2) An elector who is eligible to be issued with a second or duplicate postal ballot-paper pursuant to subrule (1), may- (a) where the application for a postal vote certificate was made pursuant to rule 58A, be issued with a second or duplicate postal ballot-paper pursuant to this rule: or (b) in all other cases, at his option, (i) be issued with a second or duplicate postal ballot- paper pursuant to this rule: or

804 Locat'Government Act and Another Act Amendment Act 1985, No. 44 (ii) vote at the office of the Local Authority in accordance with rule 62A.": (ii) in subrule (3)- (A) omitting the expression "subrule (2) (a)" and substituting the expression "subrule (2) (a) or (2) (b) (i)": (B) inserting after the words "upon an envelope"' the words "in accordance with the requirements of rule 58 or rule 58A (2), as the case may require,": (b) in rule 62A. in subrule (7), omitting the expression -61A (4)" and substituting the expression "61A (2) (b) (ii)". PART III-AMENDMENTS OF LOCAL GOVERNMENT ACT AMENDMENT ACT 1983 28. Citation . (1) In this Part the Local Government Act AmendmentAct 1983 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Local Government Act Amendment Act 1983-1985. 29. Amendment of s. 11. Amendment of s. 33. Section II of the Principal Act is amended by- (a) in subsection (I 8E) inserted in section 33 of the Local Government Act 1936-1982 by paragraph (e) of the said section 11- (i) in paragraph (a). omitting the expression "1983" and substituting the expression "1983-1985"; (ii) after paragraph (a), inserting the following paragraph:- "(aa) For the purposes of subparagraph (iii) of paragraph (a), a Local Authority shall be deemed to have constructed or be constructing a water supply scheme or a sewerage scheme, as the case may be, where the relevant land is serviced or will be capable of being serviced by a water supply scheme or a sewerage scheme or both a water supply scheme and a sewerage scheme that is or are, as the case may be, operated and maintained by- (i) another Local Authority; (ii) a Joint Local Authority within the meaning of this Act; or (iii) a body constituted pursuant to the provisions of some other Act, and the Local Authority has entered into an agreement with that other Local Authority, Joint Local Authority or body with regard

Local Government Act and Another Act Amendment Act 1985, No. 44 805 to the provision of water supply services or sewerage services, as the case may be."; (iii) in paragraph (b), omitting the expression "1983" and substituting the expression "1983-1985"; (iv) omitting paragraph (d) and substituting the following paragraph:- "(d) Where- (i) before the commencement of section I I ^(e) of the Local Government Act Amendment Act 1983-1985 the Local Authority had, in respect of an application referred to in subsection ( 18) (a) (i), (18) (a ) (ii) or (18) (a) (iii), required the applicant to pay or agree to pay the cost or a contribution towards the cost of any water supply headworks, sewerage headworks, water supply works external or sewerage works external provided or to be provided in connexion with the use of the relevant land and that requirement is satisfied; or (ii) 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 or agree 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 (whether by the same or by a different applicant) the Local Authority shall not in relation to that subsequent application require that 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."; (v) after paragraph (f) inserting the following paragraph:- "(fa) In specifying works, structures or equipment for the purposes of subparagraph (ii) of paragraph (f) the Local Authority may, where it is deemed to have constructed or be constructing a water supply scheme or a sewerage scheme pursuant to paragraph (aa), specify works, structures or equipment operated and maintained by the other Local Authority, Joint Local Authority or body, as the case may be, referred to in that paragraph that are relevant to the servicing with water supply and sewerage of

806 Local Government A ct and Another Act Amendment Act 1985, N o. 44 lands in the Area of the first-mentioned Local Authority pursuant to an agreement entered into by that Local Authority with that other Local Authority, Joint Local Authority or body.": (vi) in paragraph ( g), omitting subparagraph ( i) and substituting the following subparagraph:- "(i) the estimated cost of the construction and augmentation of the water supply scheme or sewerage scheme in respect of which contributions are to be made under this subsection or under section 34 (121-1):": (vii) in paragraph (i). omitting subparagraph (A) and substituting the following subparagraph:- "(A) in the case of an application referred to in paragraph (a) (i). (a) (ii) or (a) (iii) of subsection (18) 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. or in section 34 (12H). within 14 days after the date of receipt by the Local Authority of notification by the applicant of his intention to commence works associated with the subdivision of the land (he being hereby required to give the Local Authority not less than 14 days notice of his intention):": (\ iii) after paragraph (k). inserting the following paragraph:- "(ka) The Local Authority shall. within 21 days of the date of receipt by it of an application and upon payment of the fee fixed by the Local Authority from time to time by resolution. supply to the applicant details of all contributions made to it in respect of water supply headworks, sewerage headworks, water supply works external or sewerage works external, in respect of a particular parcel of land specified in the application, whether or not such contributions were made before or after the commencement of section 1 I (e) of the Local Government ActAmendment Act 1983-1985.": (b) in subsection (18F) inserted in section 33 of the Local Government Act 1936-1982 by paragraph (e) of the said section 11, omitting paragraph (b) and substituting the following paragraph:- "(b) The Local Authority shall expend upon the work of construction or augmentation all sums which are paid to it under an agreement entered into pursuant to paragraph (a).". 30. Amendment of s. 12. Amendment of s. 34. Section 12 of the Principal Act is amended by- (a) omitting paragraph (a) and substituting the following paragraph:- °'(a) in subsection (12), omitting subparagraph (1) and the word "and" appearing at the end of that subparagraph:":

Local Government Act and Another Act Amendment Act 1985, No. 44 807 (b) in subsection (12H) inserted in section 34 of the Local Government Act 1936-1982 by paragraph (b)- (i) in paragraph (a)- (A) omitting the word "Where" and substituting the words "Subject to paragraph (aa), where": (B) omitting the expression "1983" and substituting the expression "1983-1985": (C) in provision (A) (1), after the words "under section' 33 (18E)" inserting the words "or prior to the commencement of section 12 (b) of the Local Government Act Amendment Act 1983-1985"; (D) in provision (B) (1), after the words "under section 33 (18E)" inserting the words "or prior to the commencement of section 12 (b) of the Local Government Act Amendment Act 1983-1985'; (ii) after paragraph (a), inserting the following paragraph:- "(aa) Where, after the commencement of section 12 of the Local Government Act Amendment Act 1983-1985- (i) an application is made to a Lo-'al Authority for approval to open a new road or to subdivide any land and- (A) the relevant land was at the date of that commencement included in a zone under a town planning scheme which would permit of its use for a purpose envisaged by the application for approval to open the new road or to subdivide the land without the consent of the Local Authority being obtained; or (B) prior to the date of that commencement consent had been granted by the Local Authority under the town planning scheme or a by-law made pursuant to section 33 (21) for the use of the land for the purpose envisaged by the application in question; and (ii) water supply headworks or sewerage headworks or both water supply headworks and sewerage headworks, as defined in section 33 (18E), as the case may be, and water supply works external or sewerage works external or both water supply works external and sewerage works external as defined in section 33 (18E), as the case may be, are available to service the relevant land, the Local Authority shall not in relation to that application impose, pursuant to paragraph (a), any condition requiring the applicant to pay the cost or a contribution towards the cost of

808 Local Government Act and Another Act Amendment Act 1985, No. 44 sewerage headworks, water supply headworks, sewerage works external or water supply headworks external set out in that paragraph save where, immediately prior to the commencement of section 12 of the Local Government Act Amendment Act 1983- 1985, there was in existence a by-law made by the Local Authority pursuant to section 34 (12) (1) of the Local Government Act 1936-1982 (whether or not that by-law has since been repealed) requiring an applicant for approval to open a new road or to subdivide land to contribute towards the cost of the provision of water supply or sewerage or water supply and sewerage to the land to be subdivided or. as the case may be, to the land that will abut the new road: Provided that such a condition shall not require the applicant to make a contribution greater than the amount of the contribution that would have been payable under that by -law.".