Local Government Acts Amendment Act of 1947 (11 Geo Vi No. 37) (Qld)

LOCAL AUTHORITIES. 11 GEO. VI. No. 37, 1947. Local Government Acts Amendment Act. - ~ - - - - - - -- ~ -- ~- - -- - - . ~ - U7 LOCAL AUTHORITIES. (1) LocalGovernmentActsAmendmentAct of 1947 (2) LocalGovernmentActsAmendmentAct of 1948 (3) City of Mackay and Other Town Planning Sthemes Approval Act Amendment Act of 1948 11 Geo. VI. No. 37 12 Geo. VI. No. 26 12 Geo. VI. No. 14 An Act to Amend" The Local Government Acts, 1936 l1N~ ~ 037~ I. to 1946," in certain particulars, and for GOV~ ; ~ ENT other purposes. . AM~ ~ ~ ENT ACT OF 1947. [ASSENTED TO 2ND DECEMBER, 1947.] . B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- . 1. This Act may be cited as " The Local Government Short title Acts Amendment Act of 1947," and shall be read as one and with *" The Local Government Acts, 1936 to 1946," herein construction. referred to as the Principal Act. The Principal Act and this Act may collectively be ~ ollective cited as " The Local Government Acts, 1936 to 1947." tItle. 2. The following section is inserted after section New s. 49A forty-nine of the Principal Act, namely :_ inserted. " [49 A.] (1.) In this section the term "licensed Powe~ to P anrecme iwseisth" t m " e T a h n e s L p i r q e u m o i r se A s c l t i s c , en1s9e1d2u t n o de1r94a5n,d" ibnyacyciortrude- e l m s i~ ~ a e b m n h s t s a e . d m h and of a licensed victualler's license. vprIecmtuiaslelesra'ss (2.) Subject to this section a Local Authority may, ~ ! c: : ons of as a function of Local Government, establish and maintain Government. within its Area any licensed premises but so that nothing in this section shall authorise or be deemed to authorise a Local Authority to apply for, or to be granted, or to hold in its own.name or otherwise except as permitted by this section the licensed victualler's license for any licensed premises. * 1 G. 6 No. 1 and amending Acts. t 3 G. 5 No. 29 and amending Acts.

148 LOCAL AU'rHORITIES. ~ ocal Government Acts Amendment Act. - - - - - - - - - - . - - - - - - - ~ - - - - - - . - --- 11 GEO. VI. No. 37, (3.) A Local Authority shall not commence to establish and/or maintain as a function of Local Govern- ment any licensed premises without the prior permission of the Governor in Council. Such permission, if granted, shall be by Order in Council. Application for such permission shall be made to the Minister and the Local Authority shall furnish to him all such information and particulars with respect thereto as he shall require and shall if thereunto directed by the Minister verify all or any such information or particulars in such manner as the Minister directs. (4.) Any Local Authority thereunto permitted by the Governor in Council may for the purpose of establish- ing and maintaining any such licensed premises- (i.) Acquire by agreement or, subject as herein· after provided in this section, take any existing licensed premises; or (ii.) Tender for any cancelled, forfeited or surrendered licensed victualler's license which The Licensing Commission has determined to remove to a locality within its Area and has submitted for sale by public tender accordingly. In any such tender the Local Authority shall nominate the site upon which it proposes to establish the licensed premises if its tender is accepted and shall, if such site is not then its property, furnish particulars establishing that, if it obtains the license, it will be in a position to acquire such site either by agreement or by resumption with the consent of the Minister. (5.) If a Local Authority satisfies the Minister that it requires any licensed premises for the purpose of establishing and maintaining same as a function of Local Government or that it requires any land for the purpose of enabling it to establish and maintain any licensed premises as a function of Local Government under a license removed to its Area by The Licensing Commission and obtained by it by tender, or that it requires any land for the purpose of extending, adding to or otherwise improving any such licensed premises, and- (i.) That it is unable to acquire such licensed premises or land by agreement ; and

LOCAL AUTIIORI'l'IES. 1947. LocalGovernmentActsAmendmentAct. ...... ~ ~ - - - - ~ - - . . - ... . (ii.) That the establishment and maintenance of the licensed premises in question as a function of Local Government. or the extension, addition to or other improvement of the 1icensed premises in question is necessary or desirable for the welfare and convenience of the inhabitants of the Area or the part of the Area concerned and for the development and general good rule and government thereof, the Minister may, with the prior approval ofthe Governor in Council, authorise such Local Authoritv to take such licensed premises or land under and s'ubject to the provisions of *" The Public Works Land Resumption Acts, 1906 to 1940," and thereupon such Local Authority shall have and may exercise in respect of such licensed premises or land the powers and authorities of a construct- ing authority under and within the meaning of such lastmentioned Acts, it being hereby declared that·, subject to the foregoing provisions of this subsection, the establishment and maintenance as a function of Local Government of licensed premises is a purpose for which any licensed premises or land may be taken by a Local Authority under and subject to *" The Publt~ c Works Land Resumption Acts, 1906 to 1940." (6.) (a) Subject to this section a Local Authority may let any licensed premises which, under this section, it is empowered to establish and maintain as a function of Local Government. The Local Authority shall invite applications for every such lease by public advertisement. Before so inviting applications the Local Authority shall submit for approval by The Licensing Commission the period for which and the terms, provisions and conditions upon and subject to which it proposes to make such lease and shall obtain such approvaL Moreover, the Local Authority shall publish such public advertisement in such manner and at such times as the said Commission shall direct. (b) Where more applications than one are received for the lease in answer to the public advertisement, the Local Authority may let the licensed premises to the * 6 E. 7 No. 14 and amending Acts. 14D

150 LOCAL AUTHORITIES. Local Government Acts Amendment Act. 11 GEO. VI. No. 37, applicant who in view of all the circumstances appears to the Local Authority to be the most suitable but the Local Authority shall not let the licensed premises to any applicant-- (i.) Who has not first satisfied The Licensing Commission that he is a fit and proper person to hold such license under *" The Liquor Acts, 1912 to 1945 " ; or (ii.) Who is a member, officer or employee of such Local Authority or the spouse of a member, officer or employee of the Local Authority or a person in any contract made by whom with the Local Authority any member, officer or employee thereof would, under this Act, be deemed to have a direct or indirect pecuniary interest. (7.) The Licensing Commission may, by order, authorise any nominee of a Local Authority who is qualified under *" The Liquor Acts, 1912 to 1945," to hold a licensed victualler's license to carry on, for such period not longer than three months as is specified in such order, the business of any licensed premises established and maintained by such Local Authority as a function of Local Government- (i.) In any of the cases specified in sections thirty and thirty-one of *" The Liquor Acts, 1912 to 1945 " ; or ( ii.) Pending the letting of such licensed premises and for the purpose of allowing time for the negotiation and making of the lease. The period specified in such order maybe extended by the said Commission from time to time with the prior approval, by Order in Council, of the Governor in Council but so that any such extended period shall not be .longer than three months and that the aggregate of all such extended periods shall not together with the original period be longer than twelve months. (8.) The Local Authority may, with the prior approval, by Order in Council, of the Governor in Council, dispose of any licensed premises owned by such Local Authority and shall dispose of any such licensed premises if thereunto directed by the Governor in Council by Order in Council. * 3 G. 5. No. 29 and amending Aots.

LOCAL AUTHORITIES. 151 1947. Local Governmen.t Acts Amendment Act. (9.) Subject to this section a Local Authority shall in respect of any licensed premises established and maintained by it as a function of Local Government have and may exercise all of the powers, authorities, rights and privileges and be subject to all of the obliga- tions, responsibilities, duties and liabilities ofan owner who is not the licensee of any licensed premises under *" The Liquor Acts, 1912to 1945," and the regulations thereunder. (l0.) This section shall have operation and effect so as not to require a Local Authority to obtain the consent of the Governor in Council- (i.) To the establishment and maintenance by such Local Authority of any licensed premises owned by it at the date of the passing of t" The Local Government Acts A mendment Act of 1947 " ; or (ii.) To any lease of any such licensed premises made before and subsisting at such last- mentioned date: Provided that, on and from the date of the passing of t" The Local Government Acts Amendment Act of 1947," such Local Authority shall be deemed to maintain such licensed premises as a function of Local Government and shall in relation thereto be bound by the provisions of this section accordingly." 3. (1.) The fresh valuation of all rateable land in Validation of the Area of the City of Rockhampton purporting to have fret h ti been adopted by the Council of the said City on the : a~ : "?O; the twenty-eighth day of June, one thousand nine hundred ~ ~ uC~ ~ 1 off and forty-seven, shall, notwithstanding that the valuer R: l'lc~ y 0 appointed by the said Council who made such valuation hampton. was employed by the said Council in any other capacity when he was appointed as such valuer and/or that he continued to be employed by the Council in any other capacity as well as in the capacity of valuer during the whole or any part of the time during which he was employed in making such valuation, be deemed to have been duly made by such person, and to have been duly adopted by the said Council. Moreover, the appointment. by the said Council as valuer of the person who made such valuation, the making of such valuation by him, and the adoption as aforesaid by the said Council of such valuation, are hereby respectively ratified, validated and confirmed. * 3 G. 5 No. 29 and amending Acts. tThis Act.

]52 LOCAL AUTHORITIES. Local Government Acts Amendment Act. 11 GEO. VI. No. 37, 1947. (2.) The fresh valuation mentioned in subsection one of this section shall be and be deemed to be and to have always been the fresh valuation of all rateable lands in the Area of the City of Rockhampton made by the Council of that Area under and pursuant to the provisions in that behalf of *" The Valuation of Land Acts, 1944 to 1947," and shall be deemed to have been completed on the twenty-eighth day of June, one thousand nine hundred and forty-seven, the date upon which such fresh valuation was adopted by the said Council, and from and after such date shall be, and it is hereby declared always was, the valuation for the purpose of the making and levying by the said Council of any rates based on the rateable value of land excepting that, if the value according to such valuation of any rateable land is altered upon appeal, both the valuation and the rates, if any, made and levied upon the valuation as so adopted of such land shall be adjusted to conform to such alteration. (3.) No appeal against such fresh valuation of any rateable land in the Area of the City of Rockhampton shall lie upon the grounds that there was any defect or invalidity in the appointment or tenure of office as valuer of the person who made such fresh valuation, or that such fresh valuation was not duly made by such person, or that such fresh valuation was not duly adopted by the Council of the City of Rockhampton, but, subject to the foregoing provisions of this subsection, for the purposes of the hearing and determination of appeals against such fresh valuation- (i.) Where notice in writing of any appeal against such fresh valuation was given to the said Council before the third day of November, one thousand nine hundred and forty-seven, the appeal shall be entertained; (ii.) Ten o'clock in the forenoon of Monday, the third day of November, one thousand nine hundred and forty-seven, and the Police Court House, Rockhampton, respectively, shall be deemed to have been lawfully and. validly appointed as the time and place forthehearing and determination of all such appeals by the Valuation Court for the City of Rockhampton ; * 8 G. 6 No. 3 and amending Acts.

LOCAL AUTHORITIES. 12 GEO. VI. No. 26, 1948. Local Government Acts Amendment Act. (ill.) The said Valuation Court shall be deemed .to have validly adjourned the time of the hearing of all such appeals from Monday, the third day of November, one thousand nine hundred and forty-seven, to Wednesday, the third day of December, one thousand nine hundred and forty-seven, at ten o'clock in the forenoon; (iv.) At ten o'clock in the forenoon of Wednesday, the third day of December, one thousand nine hundred and forty-seven, the Valuation Court for the City of Rockhampton may commence the hearing of all such appeals at the Police Court House at Rockhampton, and thereafter may proceed with such hearing and determination with power to the said Court to make all such lawful adjournments in respect of all or any such appeals as to it shall seem just. (4.) The fresh valuation of any rateable land in the Area of the City of Rockhampton which the Council of the said City purported to adopt on the twenty-eighth day of June, one thousand nine hundred and forty-seven, or, if the value of such land according to such valuation is altered upon appeal, such altered valuation shall continue until the first valuation of such land made under *" The Valuation of Land Acts, 1944 to 1947," is proclaimed in force and no longer. . 153 An Aot to Amend "The Looal Government Aots, 1936 12 N G o E . O 2 . 6 V . I. to 1947," in oertain partioulars. LoCAL GOVERNMENT ACTS [ASSENTED TO 6TH APRIL, 1948.] AMENDMENT ACT OF 1948. B E it enacted by the King's l\'Iost Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- . 1. This Act may be cited as " The Local Government Short title Acts Amendment Act of 1948," and shall be read as one and t t' with t" The Local Government Acts, 1936 to 1947," herein cons ruc IOn. referred to as the Principal Act. The Principal Act and this Act may coJlectively be Collective cited as " The Local Government Acts, 1936 to 1948." title. * 8 G. 6 No. 3 and amending Acts. t 1 G. 6 No. 1 and amending Acts.