Local Government Acts Amendment Act 1990 (Qld)

337 LOCAL VE "'-N!,. AME N Z ME N T No. 24 of 1990 ANAL YSIS O F CO NT ENTS 1.1 Short title PART I - PRELIMINARY PART II-AMENDMENT OF LOCAL GOVERNMENT ACT 1936-1989 2.1 Citation 2.2 Amendment of s.21 . Power to levy rates, etc. 2.3 Amendment of s.23 2.4 Amendment of s.27 2.5 Amendment of s.30 . Local Authority charged with exercise and performance functions of local government 2.6 Amendment of s.32A. Environmental Impact PART III-AMENDMENT OF CITY OF BRISBANE ACT 1924-1989 3.1 Citation 3.2 Amendment of s.36. Powers and jurisdiction of the Council 3.3 Amendment of s.40 3.4 Amendment of s.44 3.5 Amendment of s.44A

338 uuunsfunb ANNO TRICESIMO NONO ELIZA E'I' AE SEC N AE R EGINAE No. 24 of 1990 An Act to amend the cal Government Act 1936-1989 and the City of Brisbane Act 1924-1989 to permit the levying of minimum general rates where differential general rates are imposed, to enable the imposition of a separate charge for a special benefit for all or any particular part of a local authority area and to amend the Local Government Act 1936-1989 in relation to environmental impact and for related purposes [ASSENTED TO 13TH JUNE, 1990]

Local Government Acts Amendment Act 1990 , No. 24 339 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 1.1 Short title . This Act may be cited as the Local Government Acts Amendment Act 1990. PART II-AMENDMENT OF LOCAL GOVERNMENT ACT 1936-1989 2.1 Citation. (1) In this Part, the Local Government Act 1936-1989 is referred to as the Principal Act. (2) The Principal Act, as amended by this Part, may be cited as the Local Government Act 1936-1990. 2.2 Amendment of s.21. Power to levy rates , etc. Section 21 of the Principal Act is amended by- (a) in the second paragraph, omitting "(4) Separate rates for particular functions;" and inserting "(4) Separate rates and /or charges for particular functions;"; (b) in subsection (1A), (i) deleting the first and second paragraphs and inserting- "Notwithstanding subsection (1) and subject to subsection (1 B), 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) or in relation to one or more categories of land in its Area or in one or more divisions of its Area (where land in the Area or a division of an Area is categorized for the purpose of subsection (11)), the minimum amount of the general rate to be levied by it in respect of rateable land in its Area or, as the case may be, in the division or divisions, or the category or categories in question. The minimum amount of the general rate determined by a Local Authority in relation to rateable land in different divisions of its Area or in different categories of land in its Area or a division or divisions thereof need not be the same."; (ii) inserting following the fourth paragraph the following paragraph:- "The power of the Local Authority under this subsection to determine the minimum amount of the general rate to be levied in respect of rateable land includes and is to be treated as always having included the power to determine a minimum amount of the general rate where it makes and levies any general rate under this section.";

340 Local Government Acts Amendment Act 1990, No. 24 (c) in subsection (IC), following the words "(where the Area is divided)" inserting- "or in relation to one or more categories of land in its Area or in one or more divisions of its Area (where land in the Area or a division of an Area is categorized for the purposes of subsection (11)) (d) omitting subsection (4) and the heading thereto and inserting the following:- "SEPARATE RATES AND OR CHARGES FOR PARTICULAR FUNCTIONS ( 4) Separate rates and or charges for particular functions. The Local Authority may in each year make and levy a separate rate and/or charge for a particular function or particular functions of local government under this Act or any other Act for the special benefit of all or any land in the Area. The function or functions in respect of which the separate rate and/or charge is made and levied shall be specified in the resolution making and levying such separate rate and/or charge. Where the separate rate and/or charge is made and levied the Local Authority shall define the land in the Area specially benefited by the particular function or functions in question. Where the Local Authority has defined land in the Area to be specially benefited by a particular function or functions of local government, the separate rate and/ or charge shall be made and levied in respect of rateable land in the benefited area on such basis or on such bases as the Local Authority may in its discretion determine. For the purpose of defining land to be specially benefited, the Local Authority shall define such land by delineation on a map or by reference to the metes and bounds or the real property description. Notwithstanding the provisions of subsection (5), a separate rate and/or charge made and levied pursuant to this subsection may be used for the purpose of defraying interest and redemption charges incurred by the Local Authority in respect of the particular function, or functions . of local government in relation to which the. separate, rate and/or charge is made and levied.". .23 Amendment of s.23. Section 23 of the Principal Act is amended- (a) in subsection (1) (i) by omitting- paragraph (c) and inserting- "(c) A separate fund in respect of each separate rate and/or charge' levied: Provided that where pursuant, to section 21 (4) the Local Authority has made and levied separate rates and/or charges in respect of the same function or functions of local government and those rates and/or charges are at different

Local Government Acts Amendment Act 1990, No. 24 341 levels, it shall not be necessary to establish a separate fund in respect of each separate rate and/or charge levied;"; (b) in subsection (4)- (1) in paragraph ( i), by omitting subparagraphs (a) and (b) and inserting- "( a) all moneys received in respect of the separate rate and/or charge for which the separate fund was established; (b) all moneys received by the Local Authority in respect of the particular function for which the separate rate and/or charge is made and levied."; (2) in paragraph ( ii), following the word " rate" by inserting "and/ or charge". 2.4 Am endment of s.27. Section 27 of the Principal Act is amended by- (a) in subsection ( 1E), inserting following the words "differential general rates " the words " or a minimum general rate under section 21 (1A)"; (b) in subsection ( 1F), inserting following the words " differential general rates " the words " or a minimum general rate under section 21 (1A)"; (c) in subsection ( 1 G), inserting following the words " differential general rates " where they twice appear the words " or a minimum general rate under section 21 (lA)"; (d) in subsection ( 1H), inserting following the words " differential general rates" the words " or a minimum general rate under section 21 (IA)"; (e) in subsection ( 11), inserting following the words "differential general rates " the words " or a minimum general rate under section 21 (IA)"; (f) in subsection ( 1J), inserting following the words " differential general rates " the words "or a minimum general rate under section 21 (1A)"• (g) in subsection (3B), (i) in the heading following the word "differential" inserting "or minimum" (ii) following the words "Local Authority" where they first appear, by inserting- "or a minimum general rate under section 21 (1 A)"; (h) omitting subsection (13A) and inserting- "(13A) For the purpose of this section , the term " rate" or "rates " is to be treated as including any sewerage, cleansing, separate or water charge or charges.".

342 Local Government Acts Amendment Act 1990, No. 24 2.5 Amendment of s.30 . Local Authority charged with exercise and performance of functions of local government . Section 30 of the Principal Act is amended in the fifth paragraph by inserting at the end of the subparagraph commencing "Roads, pedestrian malls, bridges," the words "promoting tourism; the environment;". 2.6 Amendment of s.32A. Environmental Impact. Section 32A of the Principal Act is amended by deleting subsection (8) and inserting the following:- "(8) In this section- "Local Authority" includes Brisbane City Council; "environment" includes land, air, water and fauna and flora and their habitats above and below the surface of the earth.". PART III-AMENDMENT OF CITY OF BRISBANE ACT 1924-1989 3.1 Citation . (1) In this Part, the City of Brisbane Act 1924-1989 is referred to as the Principal Act. (2) The Principal Act, as amended by this Part, may be cited as the City of Brisbane Act 1924-1990. 3.2 Amendment of s.36. Powers and jurisdiction of the Council. Section 36 (3) of the Principal Act is amended by inserting following the words "pounds and impounding;" the words "promoting tourism; the environment;". 3.3 Amendment of s.40 . Section 40 of the Principal Act is amended- (a) in subsection (1) by omitting the words "(d) a Separate Fund in respect of each separate rate levied;" and inserting "(d) a Separate Fund in respect of each separate rate levied and/or charge imposed;"; (b) in subsection (5), (i) in paragraph (a), by omitting subparagraphs (i) and (ii) and inserting- "(i) all moneys received in payment of the separate rate and/or charge for which the Separate Fund was established; (ii) all moneys received by the Council in respect of the particular function for which the separate rate is made and levied and/or a separate charge is imposed or collected."; (ii) in paragraph (b), following the word "rate" by inserting "and/ or charge". 3.4 Amendment of s.44 . Section 44 of the Principal Act is amended by (a) omitting subsection (6) and inserting the following:- "(6) Separate rates and charges for particular functions. The Council may in respect of each year make and levy separate

Local Government Acts Amendment Act 1990, No. 24 343 rates and/or impose and collect separate charges for particular functions of local government under this Act or any other Act for the special benefit of all or any land in the City. The function or functions in respect of which the separate rate is made and levied and/or the separate charge is imposed shall be specified in the resolution making and levying such separate rate and/or imposing such separate charge. Where the separate rate is made and levied and/or the separate charge is imposed, the Council shall define the land in the City specially benefited by the particular functions in question. Where the Council has defined land in the City to be specially benefited by a particular function or particular functions of local government, the separate rate shall be made and levied and/or the separate charge shall be imposed in respect of rateable land in the benefited area on such basis or on such bases as the Council may in its discretion determine. For the purpose of defining land in the City to be specially benefited, the Council shall so define such land by delineation on a map or by reference to the metes and bounds or the real property description. A separate rate made and levied and/or a separate charge imposed and collected pursuant to this subsection may be used for the purpose of defraying interest and redemption charges incurred b y the Council in respect of the particular function or particular functions of local government in relation to which the separate rate is made and levied and/or the separate charge is imposed and collected."; (b) in subsection (7), inserting after paragraph (j) the following paragraph:- "(k) The Council may in a resolution making differential general rates pursuant to this subsection- (i) determine- (A) the minimum amount of any particular differential general rate to be levied b y it in respect of rateable lands within the category of rateable lands in the City to which that differential general rate is applicable; (B) a different minimum amount of each differential general rate to be levied by it in respect of rateable lands within the respective categories of rateable lands in the City to which those differential general rates are applicable; or (C) the minimum amount of any differential general rate to be levied by it in respect of rateable lands within any category of rateable lands in the City to which a differential general rate is applicable; and (ii) where a determination is made under subparagraph (i), determine to exempt rateable land of any specified class

344 Local Government Acts Amendment Act 1990, No. 24 from the minimum differential general rate levy determined under that subparagraph."; (c) in subsection ( 12), inserting following the words " differential general rates " the words "or a minimum general rate under subsection (7)"; f (d) in subsection ( 13), inserting following the words "differential general rates " the words " or a minimum general rate under subsection (7)"; (e) in subsection ( 14), inserting following the words " differential general rates " where they twice appear the words "or a minimum general rate under subsection (7)"; (f) in subsection ( 15), inserting following the words " differential general rates " the words " or a minimum general rate under subsection (7)"; (g) in subsection (16), inserting following the words "differential general rates " the words "or a minimum general rate under subsection (7)"; (h) in subsection ( 17), inserting following the words " differential general rates " the words "or a minimum general rate under subsection (7)"; 7 (i) in subsection (18), (i) in the heading following the word " differential " by inserting "or minimum"; (ii) following the word "Council" where it first appears, by inserting "or a minimum general rate under subsection (7)". 3.5 Amendment of s.44A. Section 44A(3) of the Principal Act is amended by, inserting after the expression "separate rates," the expression "separate charges,".