Local Government Acts Amendment Act of 1963 (Qld)

103 f lteonsfaui l ANNO DUODECIMO ELIZABETHAE SECUNDAE REGINAE No. 21 of 1963 An Act to Amend "The Local Government Acts, 1936 to 1962 ," in certain particulars [ASSENTED TO 9TH DECEMBER, 1963] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same, as follows:- 1. (1) Short title . This Act may be cited as " The Local Government Acts Amendment Act of 1963." (2) Principal Act. " The Local Government Acts, 1936 to 1962," are in this Act referred to as the Principal Act. (3) Collective title . The Principal Act and this Act may be collectively cited as " The Local Government Acts, 1936 to 1963."

104 Local Government Acts Amendment Act of 1963, No. 21 2. Amendment of s. 4 (2). Subsection (2) of section four of the Principal Act is amended by adding to subparagraph (i) of the second paragraph thereof the following provision: " (k) Regulating and controlling the establishment, keeping and closure of the undertaking renewal and purchase fund and ensuring the proper and efficient use of that fund for the purpose for which it is established." 3. Amendments of s. 5 (2). Subsection (2) of section five of the Principal Act is amended by- (a) in paragraph (v.a.) omitting the word, brackets and numeral " paragraph (iii.) " and inserting in their stead the word, brackets and numeral " paragraph (iv.) "; (b) omitting paragraph (vi) and inserting in its stead the following paragraph:- 44 (vi.) An Order in Council made under this section shall not- (a) Prejudice or affect any right, power or authority which has accrued to debenture holders; (b) Affect any right, interest, title, power or privilege created, acquired, accrued, established, or exercisable, or any status or capacity existing, prior to the making of such Order in Council; (c) Affect any duty, obligation, liability, penalty, forfeiture, or punishment incurred or imposed,.or liable to be incurred or imposed, prior to the making of such Order in Council; or (d) Affect any investigation, legal proceeding, or remedy in respect of any such right, interest, title, power, privilege, status, capacity, duty, obligation, liability, penalty, forfeiture, or punishment as aforesaid, and any such investigation, legal proceeding, or remedy may be instituted, continued, or enforced and any such penalty, forfeiture, or punishment may be imposed and enforced, as if such Order in Council had not been made." 4. Amendments of s. 23 . Section twenty-three of the Principal Act is amended by- (a) in subsection (2) omitting provisions (b) and (c) of the second subparagraph of paragraph (ii) and inserting in their stead the following provisions " (b) (Subject to the annual budget providing for payment from the general fund to any sewerage fund, cleansing fund, or undertaking fund of any sum towards the cost of operating, maintaining and managing the sewerage undertaking, cleansing service or undertaking in respect whereof such fund has been established) payment to such fund of that sum; (c) The payment of a deficiency in any year in a sewerage fund, cleansing fund or undertaking fund (including any sewerage fund, cleansing fund or undertaking fund mentioned in provision (b) of this subparagraph); "; and

Local Government Acts Amendment Act of 1963, No. 21 105 (b) in subsection ( 10) adding to paragraph ( ii) the following provision:- (g) In the discretion of the Local Authority, but subject to the regulations, the transfer of moneys to an " undertaking renewal and purchase fund " for the purpose of equalising the cost of purchasing and renewing plant, 'machinery and equipment against each year." 5. Amendments of s. 23B . Section 23B of the Principal Act is amended by- (a) adding to subsection (3) the following paragraph:- " The Treasurer or his nominee may at the request of the Local Authority hold and release on its behalf any such safe custody receipt."; and (b) adding the following subsection:- " (4.) The Treasurer may, at the request of the Local Authority and upon such terms and conditions as may be mutually agreed, invest on behalf of such Local Authority any funds or moneys which, pursuant to this Act, the Local Authority may invest . In investing any funds or moneys aforesaid, the Treasurer shall observe all such provisions and take and do all such steps and things in respect thereto as, by this Act, the Local Authority would require to observe and take and do if it were investing such funds or moneys. Any such investment may be held in the name of the Treasurer as trustee for and on behalf of the Local Authority." 6. Amendments of s. 24. Section twenty-four of the Principal Act is amended by- (a) in subsection (1) omitting the words " subsection three of this section ", where appearing in paragraph (ii), and inserting in their stead the words " this subsection "; (b) in subsection (3)- (i) omitting the word " and " where appearing immediately before the letter and brackets " (s) "; and (ii) adding the following paragraphs:- (1) An estate in fee-simple vested in trustees pursuant to Part XI of " The Land Acts, 1962 to 1963 "; and (u) A reserve placed under the control of trustees pursuant to Part XI of " The Land Acts, 1962 to 1963."; (c) in subsection (11) omitting the word " paragraph ", wherever appearing, and inserting in its stead, wheresoever omitted, the word " subsection "; and (d) in subsection (12) omitting the word, numeral and brackets paragraph (viii) " and inserting in their stead the word, numeral and brackets " subsection (12)." 7. Amendment of s. 25 (4). Subsection (4) of section twenty-five of the Principal Act is amended by omitting the words " other than a maintenance reserve fund ", where appearing in paragraph (vii), and inserting in their stead the words " except as authorised by this Act ".

106 Local Government Acts Amendment Act of 1963, No. 21 8. Amendments of s. 27 ( 11). Subsection (11) of section twenty-seven of the Principal Act is amended by- (a) in the form set out in subparagraph (b) of paragraph (vii) omitting the words " the Secretary for Health and Home Affairs " and inserting in their stead the words and brackets " the Minister for [here insert the designation of the Minister] "; and (b) in the form set out in subparagraph (d) of paragraph (vii) omitting the words " the Secretary for Health and Home Affairs " and inserting in their stead the words and brackets " the Minister for [here insert the designation of the Minister] ". 9. Amendments of s. 31 . Section thirty-one of the Principal Act is amended by- (a) omitting provision (1) and inserting in its stead the following provision :- " (1.) By-laws may provide for the payment to members of fees and expenses necessarily incurred in respect of (a) Attendance at meetings and committee meetings of the Local Authority and the making of inspections authorised by the Local Authority; and (b) Attendance at deputations and conferences where such attendance is authorised by the Local Authority. The aggregate of all payments by way of fees made to any one member shall not in any year exceed three hundred pounds. This provision (1.) applies so as not to affect the provisions of this Act relating to the grant of an allowance to the chairman or president."; and (b) in provision ( 27) omitting the words " and thirty days in the case of a Shire " and inserting in their stead the words " and twenty- one days in the case of a Shire or Joint Local Authority ". 10. Amendment of s. 31A (2). Subsection (2) of section 31A of the Principal Act is amended by omitting the letter and brackets " (a) ". 11. Amendment of s. 34 . Section thirty-four of the Principal Act is amended by inserting after subsection (12) the following subsection:- " (12A.) Where the Local Authority requires as a condition of approval of a plan of subdivision of land that the subdivision provide land for public garden or recreation space, the registrar of titles shall not register such plan unless and until a transfer or transfers surrendering to the Crown all land provided in the plan for public garden or recreation space has been lodged in his office and he is satisfied that such transfer or transfers is or are correct for registration. Land surrendered to the Crown pursuant to this subsection, shall, pursuant to Part XI of " The Land Acts, 1962 to 1963," be reserved and set apart for the purpose for which it was provided in the plan and placed under the control of the Local Authority as trustee."

Local Government Acts Amendment Act of 1963, No. 21 107 12. Amendment of s. 35 . Section thirty-five of the Principal Act is amended by inserting after subsection (24) the following subsection:- " (24A.) Viaducts. (a) Subject to this subsection a Local Authority may, with the approval of the Governor in Council, grant to any person a permit to construct and thereafter at all times to maintain, continue, repair, renew and use a viaduct across and over or across and under any road within the Area at the position specified in the permit for the purpose of connecting the lands of such person specified in such permit on the one side of such road with the lands of such person specified in such permit on the other side of such road. (b) A permit may be granted under this subsection to persons in respect of their lands respectively on opposite sides of a road. (c) The power of the Local Authority to make by-laws under this Act shall include power to make by-laws regulating and controlling the granting of permits under this subsection (but without prejudice to the requirement that every such permit be approved by the Governor in Council) and in particular prescribing, providing for, regulating and controlling the terms, provisions and conditions upon and subject to which any viaduct permitted under this subsection may be constructed, maintained , continued, repaired, renewed and used. (d) The Governor in Council may approve or refuse to approve of the granting by the Local Authority of any permit under this subsection and, if he approves may subject his approval to such terms, provisions and conditions as he deems fit, and either in addition to or substitution for any of the terms, provisions and conditions prescribed by by-law of the Local Authority. (e) The Local Authority shall subject the permit to every term, provision or condition to which the Governor in Council has subjected his approval of the granting thereof and may subject the permit to such further or other terms, provisions and conditions (additionally to or in substitution for any of the terms, provisions and conditions prescribed by by-law but not inconsistent with any of the terms, provisions or conditions to which the Governor in Council has subjected his approval) as the Local Authority deems fit. (f) A by-law or a term, provision or condition of a permit under this subsection may provide for the cancellation or suspension of the permit for any breach thereof or of any other by-law or, in the case of a by-law, for a breach of any term, provision or condition of the permit or, in the case of a term, provision or condition of the permit, for a breach of any other term, provision or condition thereof. Suspension of a permit shall, during the continuance in force of the suspension , have the same effect as a cancellation of the permit. (g) A person thereunto permitted under this subsection, may under, subject to and in compliance in every respect with the terms, provisions and conditions of the permit and (except to the extent to which a term, provision or condition of the permit is substituted therefor) the provisions of the by-laws, construct and thereafter at all times during the continuance in force of the permit, maintain , continue , repair, renew and use a viaduct across and under or, according as permitted, across and over the road concerned at the position specified in the permit for the purpose specified in the permit.

108 Local Government Acts Amendment Act of 1963, No. 21 (h) For any of the purposes authorised by a permit under this subsection, the temporary closing or partial closing of the road concerned at or in the vicinity of the position specified in the permit is authorised. (i) Save to the extent to which the alleged cause of any action or other proceedings hereinafter mentioned in this subsection created a legal liability in the person (in this paragraph called the "permittee ") thereunto authorised by a permit under this subsection or in any contractor with or person acting under the authority of the permittee by virtue of the failure of such permittee, contractor or person or by virtue of the failure of any of them to comply in every respect with the terms, provisions and conditions of the permit and (except to the extent to which a term, provision or condition of the permit is substituted therefor) the provisions of the by-laws, no action or other proceedings shall be commenced, prosecuted or maintained against the permittee or any such contractor or person for or in respect of the construction, maintenance, continuance, repair, renewal or use of the viaduct in respect whereof the permit was granted or the carrying out of any subsidiary works in connection therewith or in relation thereto, or for or in respect of the temporary closing or partial closing of the road concerned at or in the vicinity of the position specified in the permit during such time as may be necessary for the carrying out of any works or subsidiary works in connection with or in relation to such viaduct, or for or in respect of any damages, loss or expense occasioned or alleged to be occasioned by reason of any such works or subsidiary works, or of any obstruction or alleged obstruction of such road, or in any wise whatsoever arising from the construction, maintenance, continuance, repair, renewal or use of such viaduct or any such works or subsidiary works." 13. Amendments of s. 39. Section thirty-nine of the Principal Act is amended by- (a) omitting in paragraph (i) of subsection (6) the proviso to the first subparagraph; and (b) inserting after subsection (10) the following subsection:- " (10A.) (i.) Where, in the opinion of the Local Authority, any structure has been rendered by fire, tempest or other calamity dangerous to users of any road whereon such structure abuts, the Local Authority shall- (a) By written notice require the owner of such structure to shore up or .otherwise secure the same and to put up a hoarding or fence adequate for the protection of users of such road or to take down or to repair the structure; or (b) Itself take and do the steps and things which under subparagraph (a) of this paragraph it may require the owner to take and do. A notice under subparagraph (a) of this paragraph may specify the time within which any owner shall comply with the requirements thereof and may specify different times in relation to different requirements. (ii.) If an owner fails to comply with any requirement of a notice under this subsection, the Local Authority shall as soon as may be itself comply with that requirement. This paragraph (ii.) applies so as not to exempt an owner from liability to be punished for the offence under this Act of having failed to comply with the requirement in question.

Local Government Acts Amendment Act of 1963, No. 21 109 (iii.) It shall not be necessary for the Local Authority- (a) Before giving a notice under subparagraph (a) of paragraph (i.) of this subsection to give the owner of the structure in question an opportunity to show cause why the requisition specified in the notice should not be imposed; or (b) Before exercising a power conferred upon it by subparagraph (b) of paragraph (i.) or paragraph (ii.) of this subsection, to give the owner of the structure in question an opportunity to show cause why such power should not be exercised. (iv.) The provisions of subsections (8.), (9.) and (10.) of this section shall, with and subject to all necessary adaptations, apply and extend in relation to the exercise by the Local Authority of the powers conferred upon it by subparagraph (b) of paragraph (i.) or paragraph (ii.) of this subsection." 14. Amendment of s. 42B (4). Subsection (4) of section 42B of the Principal Act is amended by adding the following paragraphs and form:- " The Local Authority shall keep a record in or to the effect of the following form, and record therein particulars of all animals so seized and temporarily held and of the action taken with regard to the release or impounding of such animals:- Record of Animals Seized and Temporarily Held 14 8 ob .. o a o 0 e ^- C ^+ r4 C 72 cc 7a ) N E) U C GV 'n y Aa pa o Eo a d w C N H v . N y ^.C yQ ~ d O . r_ y ^C I L ^C ^C . N Ll. J U " N C .? O V Ne H 0 U . C0 E . QC r ) C C0, O ftS l7 OD G G .r ... a aA a F= a The Local Authority shall at all reasonable times produce such record to any member of the Police Force, on demand and without fee, and to any other person on payment of the prescribed fee, for his inspection or for the taking by him of extracts therefrom." 15. Amendment of s. 52 (14). Subsection (14) of section fifty-two of the Principal Act is amended by omitting the words " within six months after the offence is committed ", where appearing in paragraph (i), and inserting in their stead the words " within twelve months after the offence has been committed ".

110 Local Government Acts Amendment Act of 1963, No. 21 16. Amendments of Schedule M. The Third Schedule to the Principal Act is amended by- (a) in rule 12- (i) inserting after the words " at any time after ", where appearing in sub-rule (1), the words " the hour of noon on "; and (ii) adding the following sub-rule:- " (4.) Notwithstanding the provisions of sub-rules (1.), (2.) and (3.) of this rule, the Governor in Council may by Order in Council, direct that the election of both the chairman and members shall be had and taken anew on a date fixed by such Order in Council and thereupon- (i.) Another public notice of the election of chairman and members shall be given for the date so fixed; (ii.) The returning officer shall pay to each of the candidates (other than the deceased candidate) and to the estate of the deceased candidate all moneys paid as aforesaid to the returning officer by, for or on behalf of the candidates in question; and (iii.) The election of chairman and members of the Local Authority concerned shall for the purposes of this Act be and be deemed to be completed upon the completion of the proceedings in connection with the election so had and taken anew."; (b) omitting rule fifteen and inserting in its stead the following rule :- " 15. Withdrawal of consent to nomination . A candidate may withdraw his consent to his nomination at any time before the hour of noon on nomination day by delivering to the returning officer a notice of retirement in the prescribed form signed by him, and thereupon and thereby the nomination shall be cancelled, and the deposit lodged shall be returned to the candidate."; (c) in rule seventeen omitting the words " who has duly retired from his candidature, or "; (d) inserting after rule thirty the following rule:- " 30A. Assistance to incapacitated person not named as voter in roll. (1.) If any person claiming and permitted to vote under rules twenty-nine and thirty of these rules satisfies the presiding officer concerned that he is blind, or that his sight is so impaired, or that he is so physically incapacitated that he is unable to take and do without assistance the steps and things required to be taken and done by him for the purpose of so voting, such presiding officer- (a) Shall permit another elector appointed by such person to take and do on behalf of such person or to assist such person in taking and doing; or (b) If thereunto requested by such person, shall himself take and do on behalf of such person, or assist such person in taking and doing, all or any such steps and things, save that no person other than the person claiming and permitted such a vote shall declare to the contents of or sign any declaration required by the applicable rule in relation to the vote. (2.) Any person to whom sub-rule (1.) of this rule applies who satisfies the presiding officer concerned that he is unable to write his name, may be permitted by such presiding officer to sign his name to any declaration or other document by making thereon his distinguishing mark, which shall be witnessed by such presiding officer.

Local Government Acts Amendment Act of 1963, No. 21 111 (3.) Any step or thing , save the marking of a ballot-paper , taken or done under the aut'.ority of sub-rule (1.) of this rule on behalf of a voter or for assisting a votes by any presiding officer or other person at any time and place when and where any scrutineer is lawfully present shall b taken or done in the sight and presence of such scrutineer."; (e) in sub-rule ( 1) of rule sixty - five omitting the words " before six o'clock in the afternoon of polling day ", where appearing in paragraph ( c), and inserting in their stead the words " on or before polling day,".