Local Government Acts Amendment Act of 1953 (2 Eliz Ii No. 20) (Qld)

206 LOCAL AUTHORITIES. Local Government, Etc., Act. 2 E liz . II. No. 20, LOCAL AUTHORITIES. 2NoLIZ 2 on An Act to Amend “The Local Government Acts, G overnment A cts A mendment act oe 1936 to 1951,” in certain particulars. ' A _ [A ssented to 10 th D ecember , 1953.] B E it enacted by the Queen’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:— short title 1. (1.) This Act may be cited as “ The Local construction. Government Acts Amendment Act of 1953,” and shall be read as one with *“The Local Government Acts, 1936 to 1951,” herein referred to as the Principal Act. Collective (2.) The Principal Act and this Act may be titfe. collectively cited as “ The Local Government Acts, 1936 to 1953.” Amendment 2. Subsection one of section three of the Principal of s. 3(i). Act is amended— (а) By inserting in paragraph (iii.) of the definition of the term “ Fire-resisting materials ” after the word “ plaster,” the word “ brick-veneer,” ; and (б) By adding to the definition of the term “ Owner ” the words “and, as respects any land leased to any person or corporation by a Local Authority, such lessee”. Amendment 3. Subsection two of section four of the Principal of s. 4(2). ^ct jg amended by adding to paragraph (i.) of that subsection the following subparagraph :— “ (g) Providing for the establishment of a reserve fund by the Local Authority for the purpose of meeting, when respectively due, payments on account of long service leave to which officers and servants of the Local Authority are entitled, and of apportioning, as equally as possible, between each and every year the cost to the Local Authority of making such payments; regulating and controlling the establishment, keeping, and closure of that long service leave payments reserve fund, and making such provisions as may be considered necessary or desirable for ensuring, as far as * 1 G. 6 No. 1 and amending Acts.

LOCAL AUTHORITIES. 207 1953. Local Government, Etc., Act. possible, that payments from time to time made into such fund shall not exceed the amounts necessary to be paid therein for carrying out the purposes for which the fund is established.” Act i 4 s . amSuebnsdeecdt— ion five of section twenty of the Principal Aofmse. n2d0m( 5e) n.ts (a) By repealing in paragraph (i.) of that subsection the words “ who shall hold office until the conclusion of the triennial election of members” and by inserting, in lieu of those repealed words, the words “who, subject to the provisions of this subsection, shall remain in office until all the offices of members of the Board are, by election or appointment or partly by election and partly by appointment, filled upon the conclusion of the next triennial elections of the component Local Authorities ”. (b) By repealing paragraph (iii.) of that subsection, and by inserting, in lieu of that repealed paragraph, the following paragraph:— “ (iii.) Subject to the provisions of this subsection, every member of the Board shall remain in office until all the offices of membefs of the Board are, by election or appointment or partly by election and partly by appointment, filled upon the conclusion of the next triennial elections of the component Local Authorities.” 5. Subsection ten of section twenty-three of the Amendment Principal Act is amended by adding to paragraph (ii.) of s-23 <10)- thereof the following subparagraph :— “ (/) In the discretion of the Local Authority, but subject to this Act, including the regulations, the transfer of moneys to the long service leave payments reserve fund, if any.”6 6. The following section, numbered 23 a , is inserted New s. 23 a . after section twenty-three ofthe PrincipalAct, namely:— “ [23 a .] (1.) For the purpose of meeting, vhen Long service respectively due, payments on account of long service j^^nts leave to which officers and servants of the Local Authority reserve are entitled, and of apportioning, as equally as possible,fund- between each and every year the cost to it of making such payments, the Local Authority, subject to such regulations as may be made in that behalf, may establish and keep a reserve fund to be known as the long service leave payments reserve fund.

208 LOCAL AUTHORITIES. Local Government, Etc., Act. 2 E liz . II. No. 20, (2.) (i.) The long service leave payments reserve fund shall consist of all moneys from time to time received from the general fund or any other fund, being moneys the payment of which in any year from the general fund or such other fund, has been provided for by the budget framed for that fund for that year. (ii.) Where a long service leave payments reserve fund is kept by the Local Authority then all payments, when respectively due, on account of long service leave to which officers and servants of the Local Authority are entitled shall be made from that fund and from no other fund, unless there is insufficient moneys in the long service leave payments reserve fund to make any such payment when that payment or so much thereof as cannot be made from that fund may be made from the general fund or such other fund as may be appropriate.” Amendment 7. Section twenty-four of the Principal Act is of s. 24. amended— (а) By repealing in subparagraph (d) of paragraph (i.) of subsection one the words “ let or demised ” and by inserting, in lieu of those repealed words, the word “ leased ” ; (б) By adding to subsection two the following paragraph, namely:— “ The value of any timber on or metals, minerals or coal in any rateable land to which this subsection applies shall not be included in the valuation of the unimproved value of that land.” ; (c) By inserting, after subparagraph (n) of the first paragraph of subsection three the following subparagraphs, namely:— “ ( na ) Forest grazing lease ; (rib) Road license (namely a license under section one hundred and ninety-four of *“ The Land Acts, 1910 to 1952 ” ); ” ; and (d) By repealing the second paragraph of subsection three and by inserting, in lieu of that repealed paragraph, the following paragraph, namely :— “ The value of any timber on or metals, minerals or coal in any rateable land to which this subsection applies shall not be included in the valuation of the unimproved value of that land.”. *1 G. 5 No. 15 and amending Acts.

LOCAL AUTHORITIES. 209 1953. Local Government, Etc., Act. 8. Section twenty-eight of the Principal Act is Af*e“<*ments ii Ol S. amended— (a) By inserting in subsection one of that section after the words “ for the redemption of the loan whether by yearly or half-yearly ” the words “ or quarterly (b) By adding to paragraph (ii.) of subsection eleven of that section the following proviso :-j- “ Provided that in the case of loans by The Insurance Commissioner or in any case where the Governor in Council considers it reasonable so to do, the Governor in Council may by the Order in Council authorising the loan direct that all or any of the provisions of this paragraph (ii.) shall not apply with respect to the issue of debentures in such case, but any debenture issued as a result of such a direction shall not be transferable without the prior permission of the Treasurer thereto and unless all terms and conditions subject to which the transfer is permitted by him are complied with (authority to grant at his unfettered discretion such permission and to fix as he deems fit such terms and conditions being hereby given to the Treasurer). Should any debenture be transferred in contravention of this proviso the transferor shall be liable to repay to the transferee all moneys paid by the latter with respect to the transferred debenture, but the Local Authority shall not be liable to pay any moneys in respect of that debenture to the transferee, except under an attachment by process of law and then only to the extent of the moneys remaining unpaid by it under the debenture to the person to whom the jdebenture was issued and moneys so paid by the Local Authority to the transferee shall be deemed to be moneys paid, to the extent of the payment, under the debenture to the person to whom the debenture was issued.” (c) By adding to paragraph (v.) of subsection eleven of that section the following proviso :— “ Provided that in the case of any debenture issued as a result of a direction under paragraph (ii.) of this subsection by the Governor in Council, the person to whom that debenture was issued and, if that debenture is lawfully transferred, the transferee shall, subject to prior payments under that debenture made by the Local Authority, be entitled to receive payment from the Local Authority of the principal sum and interest thereon in accordance with the terms and conditions of the loan.”

210 LOCAL AUTHORITIES. Local Government, Etc., Act. 2 E liz . II. No. 20, New s. 29 a . 9 . The following section, numbered 29 a , is inserted after section twenty-nine of the Principal Act, namely :— Duty of “ [ 29 a . ] Whenever it appears to, or comes to the ALouctahlority knowledge of, any Local Authority that any money or with property of or received by that Local Authority is rmeospneecyt, t&oc. , stolen or not accounted for, the Local Authority shall unaccounted forthwith give notice thereof to the Auditor-General and for. to a member of the Police Force of Queensland of the rank of sergeant of police or of higher rank. Moreover a Local Authority shall not abstain from, discontinue, or delay a prosecution for any offence under' the laws of this State in relation to any money or property of or received by that Local Authority which is stolen or not accounted for, nor withhold any evidence for the purposes of such a prosecution, nor promise to abstain from, to discontinue, or to delay, or to withhold any evidence for the purposes of such a prosecution.” New s. 33 a 10. The Principal Act is amended by inserting, after inserted. section thirty-three thereof, the following section, namely:— Power to “ [3<3 a .] (I.) The Governor in Council may, on the roefsltarnicdt iunse application of the Local Authority for an Area or on the Areas in petition of not less than twenty electors of an Area— respect whereof a (а) Declare by Order in Council the part defined town planning scheme is in the Order in Council of that Area to be a residential district; and not in force. (б) Specify purposes for which lands in the defined district may be used. (2.) In an Order in Council under this section the specification of the purposes for which lands may be used in the district thereby defined may be expressed— (a) By specifying the purposes for which use is prohibited or, alternatively, by prohibiting use save and except for specified purposes ; or (b) By specifying the purposes for which use is permitted or, alternatively, by permitting use save and except for specified purposes. (3.) A person shall not in any district defined in an Order in Council under this section— (a) Where the specification of the purposes for which land may be used in that district is expressed by way of prohibition— (i.) Use or commence to use land in such district for or in connection with any purpose so prohibited;

1953. LOCAL AUTHORITIES. Local Government, Etc., Act. (ii.) Erect or commence to erect any building or other structure on any land in such district for use for or in connection with any purpose so prohibited ; or (iii.) Use or commence to use any building or other structure on any land in such district for or in connection with any purpose so prohibited ; or (b) Where the specification of the purposes for which land may be used in that district is expressed by way of permission— (i.) Use or commence to use land in such district for or in connection with any pin-poses other than a purpose so permitted ; (i.) Erect or commence to erect any building or other structure on any land in such district for use for or in connection with any purpose other than a purpose so permitted ; or (iii.) Use or commence to use any building or other structure on any land in such district for or in connection with any purpose other than a purpose so permitted. (4.) A person shall not on any land in any district defined in an Order in Council under this section erect or commence to erect any advertisement hoarding. (5.) An Order in Council under this section shall be binding upon the Local Authority concerned and that Local Authority shall, in respect of building permits and other permissions in respect of buildings and other structures, observe in every respect the provisions of that Order in Council. Upon the conviction of any person for an offence against this section in relation to any building or other structure the Local Authority and any office]- or person thereunto authorised by it may, and if thereunto directed by the Minister shall, exercise in respect of that building or other structure the powers and authorities prescribed by subsection six of section fifty of this Act and that subsection shall, with and subject to any necessary adaptations thereof, apply and extend accordingly. 211

212 LOCAL AUTHORITIES. Local Government, Etc., Act. 2 E liz . II. No. 20, (6.) Orders in Council under this section shall not be made in respect of an Area or part of an Area for which a town planning scheme has been finally approved by the Governor in Council pursuant to section thirty-three of this Act, and upon such final approval for an Area or part of an Area in respect whereof such an Order in Council is in force, that Order in Council shall thereupon and thereby cease to have force. (7.) An Order in Council under this section may be made in amendment of or substitution for any Order in Council specified in paragraph (6) of subsection thirteen of section thirty-three of this Act. (8.) (a) Subject as hereinafter provided in this section, any permit or permission granted by a Local Authority to erect a building or other structure for use on any land in a district defined in an Order in Council under this section for or in connection with a purpose other than residential (or incidental to residence) shall be of no force or effect whatever unless and until the same shall have been confirmed as hereinafter provided in this section: Provided that if the confirmation is by the Minister subject to conditions the permit or permission shall have force subject in every respect to the conditions. (b) The Local Authority shall give public notice of the granting of such permit or permission, which public notice shall— (i.) Be given by advertisement published at least twice in at least one newspaper ; (ii.) State the name of the applicant, identify the land in respect of which the permit or permission has been granted ; and (iii.) State that persons desiring to object to such permit or permission may do so in writing at any time before a date specified in the advertisement, which date shall be not earlier than thirty days after the day upon which the advertisement is last published. (c) If, on the expiry of the date specified in subparagraph (iii.) of paragraph (6) of this subsection, no objection or objections shall have been received, the Local Authority may confirm the granting of the permit or permission.

LOCAL AUTHORITIES. 213 1953. Local Government, Etc., Act. (9.) If, upon advertisement as provided in subsection eight hereof, an objection or objections is or are received to the granting of such permit or permission, the Local Authority shall submit such objection or objections to the Minister together with its representations thereon. The Minister, having regard to such Order in Council, the circumstances of the case and the public interest, may confirm such permit or permission (either unconditionally or subject to such conditions as he deems fit having regard to the objects of the Order in Council) or may disallow such permit or permission. If the Minister shall confirm such permit or permission then the same shall have force and effect (subject at all times to the due observance of the conditions, if any, imposed by him). If the Minister shall disallow such permit or permission, then the same shall have no force or effect whatever. (10.) The Local Authority may require any applicant for a permit or permission mentioned in subsection eight of this section to pay to the Local Authority the cost of the advertisement thereof as prescribed in which event the sum payable shall accompany the application. (11.) Nothing in this section shall preclude the continuance of the use for a purpose for which the same was being used, at the date of the publication in the Gazette of an Order in Council under this section, of any building or other structure existing at that date, or the use of a building or other structure so existing for a particular purpose authorised by the Local Authority: Provided that where such authority is granted for or in connection with a purpose other than residential (or incidental to residence) the provisions of subsections eight, nine and ten of this section shall apply in respect of the authority and the application therefor and shall be observed by the Local Authority, its officers and all other persons concerned accordingly.” 11. Subsection nineteen of section forty-two of the Amendment Principal Act is amended by repealing in the first ofs‘42 (19)- paragraph thereof the words “ some three days ” and by inserting, in lieu of those repealed words, the words “ at least three days ”. 12. Whereas upon certain differences arising between Repairs to the Council of the Shire of Eidsvold and the Council of^^nara*“ the Shire of Monto as to the extent of the work and '

214 LOCAL AUTHORITIES. Local Government, Etc., Act. 2 E liz . II. No. 20, the apportionment between those two Local Authorities of the cost of carrying out certain repairs to the road known as the Goomaram road situated on the common boundary of the Areas of such Local Authorities, the Minister ordered that the cost of such work be shared equally between those two Local Authorities : And whereas during the year which commenced on the first day of July, one thousand nine hundred and fifty, the Council of the Shire of Eidsvold carried out such work at a cost to that Local Authority of four hundred and fifty-eight pounds five shillings and ten pence : And whereas doubts have arisen as to the validity of certain actions with respect to the carrying out of the said work and for the purpose of now fixing the liability of the Council of the Shire of Monto to pay the sum of one hundred and seventy-nine pounds two shillings and eleven pence representing the balance unpaid by that Local Authority of its share, as ordered by the said Minister, of the cost of such work, it is hereby declared— (i.) That the action of the Council of the Shire of Eidsvold in carrying out the repairs as aforementioned to the said road is hereby ratified ; (ii.) That the cost to the Council of the Shire of Eidsvold of carrying out that work, namely, the sum of four hundred and fifty-eight pounds five shillings and ten pence be shared equally between that Local Authority and the Council of the Shire of Monto ; (iii.) That the Council of the Shire of Monto shall be credited with the sum of fifty pounds already paid by it towards the cost of that work and shall now pay, within a period of one month commencing on the date of the coming into operation of this Act, to the Council of the Shire of Eidsvold the balance of its share of such cost, namely the sum of one hundred and seventy-nine pounds two shillings and eleven pence, regardless of whether or not provision for such payment is made by any budget framed by such Local Authority for the current year.

1953. LOCAL AUTHORITIES. Local Government, Etc., Act. 215 If the sum of one hundred and seventy-nine pounds two shillings and eleven pence or any part thereof is not paid to the Council of the Shire of Eidsvold by the Council of the Shire of Monto within the peridd specified as aforesaid, the Council of the Shire of Eidsvold may, without being required to comply with any of the provisions of *“ The Local Government Acts, 1936 to 1953,” relating to actions against a Local Authority, recover without hindrance the sum unpaid by action in any court of competent jurisdiction as for a debt. 13. In any and every case where a Local Validation Authority— of rates levied upon (а) In the purported exercise of its power to make, amend or alter a valuation pending landa. the proclaiming in force of the first valuation made by the Valuer-General of all of the lands in its Area shall on or after the first day of July, one thousand nine hundred and forty-six, have altered or amended (according to the power in that behalf had by it before that date under paragraph (x.) of subsection one of section twenty-four of *“ The Local Government Acts , 1936 to 1943,” to alter or amend a valuation specified in subparagraph (c) of that paragraph (x.)) the valuation of any rateable land in its Area ; anc. (б) In respect of the year ended on the thirtieth day of June, one thousand nine hundred and fifty-three, or any preceding year, shall have made and levied rates upon the basis of that altered or amended valuation, then the owner of that land shall be, and it is hereby declared always was, liable for the payment of all such rates and any amount thereof not duly paid shall be recoverable accordingly. * 1 G. 6 No. 1 and amending Acts. LOCAL GOVERNMENT. Bee L ocal A uthorities . MARKETING, WHEAT. Bee A griculture .