Local Government Acts Amendment Act of 1965 (Qld)

738 Qmns iwt^ ANNO QUARTO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 51 of 1965 An Act to Amend " The Local Government Acts, 1936 to 1965 ," in certain particulars [ASSENTED TO 1ST DEC-EMBER. 19651 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 1965." (2) Principal Act. " The Local Government Acts, 1936 to 1965," 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 1965."

Local Government Acts Amendment Act of 1965. No. 51 739 2. Amendment of s. 3 (1). Subsection (1) of section three of the Principal Act is amended by adding to the definition " Owner "the words " and, as respects any land in respect of which an occupation permit or a stock grazing permit within the meaning of " The Forestry Acts, 1959 to 1964," has been granted to any person under those Acts, such person ". 3. (1) Amendments of s. 24 . Section twenty-four of the Principal Act is amended by- (a) adding to subsection (1) the following paragraph:- " (iv) Where an occupation permit or a stock grazing permit within the meaning of " The Forestry Acts, 1959 to 1964," has been granted under those Acts with respect to any land comprised in a State Forest and- (a) the land with respect to which such permit is granted is described therein so as to sufficiently identify it ; and (b) the term for which such permit is granted is twelve months or longer, then, notwithstanding any other Act or law, the land in respect of which such permit has been granted shall, during the continuance in force of such permit, be deemed rateable land within the meaning of this Act. and the rateable value of such land shall be the valuation of the unimproved value thereof: Provided that any land comprised in a State Forest shall not, by reason of this paragraph (iv), be rateable land within the meaning of this Act at any time when more permits than one (other than an apiary permit) within the meaning of " The Forestry Acts, 1959 to 1964," or any such permit (other than an apiary permit) and a special lease under sections one hundred and ninety-eight or two hundred and three of " The Land Acts, 1962 to 1965," granted in respect of such land, and made to more persons than one, are in force. The value of any timber on or metals, minerals or coal in any land to which this paragraph (iv) applies shall not be included in the valuation of the unimproved value of that land."; (b) in subsection (3) omitting subparagraph (s) of the first paragraph and inserting in its stead the following subparagraph:- " (s) Mining dredging claim or dredging lease "; and (c) omitting subsection (5). (2) Operation of subsection (1) (a). Except as otherwise prescribed by this subsection, it is hereby declared that land with respect to which an occupation permit or a stock grazing permit within the meaning of " The Forestry Acts, 1959 to 1964," was granted under those Acts before the passing of this Act shall be, and it is hereby declared always was to be, deemed to be rateable land within the meaning of " The Local Government Acts, 1936 to 1965," to the extent to which such land would be and would have been such rateable land had this Act been passed prior to the grant of the permit in question. This subsection applies so as not to make a permittee liable to pay in respect of a permit mentioned in this subsection, any amount of rates which a court of competent jurisdiction adjudged before the passing of this Act not to be payable by such permittee.

740 Local Governmer _. Acts Amendn :e:, t Acr of 1965, No. 51 4. Amendments o f s. 32 . Section thirty-two of the Principal Act is amended by- (a) in subsection (4) omitting the words " not exceeding thirty years " and inserting in their stead the words " not exceeding seventy-five years " (b) adding to subsection (7) the following paragraph: " The Local Authority may aid any person or body or association of persons in maintaining within its Area a hostel for the accommodation of children living away from home for the purpose of attending school." 5. (1) Amendments of s. 45A. Section 45A of the Principal Act is amended by- (a) in subsection ( 1) omitting the words " not exceeding four hundred yards in length " where - those words appear in subparagraph (a) of paragraph (i); (b) in subsection ( 3) omitting paragraph ( v) and inserting in its stead the following paragraph:- (v) For regulating bathing in such bathing area and in such part of the bathing reserve ( other than a bathing area ) set aside for use by persons using bathing appliances either generally or of a particular class, including , without limit to the generality of this power-- (a) regulating and controlling or prohibiting- (1) the use of bathing appliances either generally or of a particular class in such bathing area; and (2) bathing , other than by the use of bathing appliances either generally or of a particular class , in such part of the bathing reserve ( other than a bathing area ) set aside for use by persons using bathing appliances either generally -or of a particular class; and (b) providing for the prohibition of bathing therein- (1) when conditions are so dangerous as to warrant that action; (2) during the period of any shark alarm; or (3) during the course of any rescue from the sea of any person using the reserve. The powers of a Local Authority to make by-laws under this paragraph ( v) include power to make by-laws-- {a) prohibiting the use in the bathing area or part of the bathing reserve in question of bathing appliances , either generally or of a particular class, which are not marked in accordance with the requirements of the by-laws so as to sufficiently identify the correct name and address of the owner for the time being of the bathing appliance in question; (b) regulating and controlling the hiring of bathing appliances, either generally or of a particular class , for use in the bathing area or part of the bathing reserve in question; and {c) authorising an inspector or other authorised person appointed under the by-laws to seize and detain at some convenient place bathing appliances , either generally or of a particular class , which in the opinion of the inspector or other authorised person are being used in contravention of the by-laws or constitute a danger to persons using the

Local Government Acts Amendment Act of 1965, No. 51 741 bathing area or part of the bathing reserve in question and providing for the manner of dealing with bathing appliances so seized and detained." (2) Operation of subsection (1).' Any by-law made by a Local Authority the making whereof by such Local Authority is authorised by section 45A of " The Local Government Acts, 1936 to 1965 " (being that section as amended by subsection (1) of this section) shall- (a) if with respect to the making of such by-law the Local Authority shall have complied with the requirements of subsection (27) of section thirty-one of " The Local Government Acts, 1936 to 1965 "; and (b) if such by-law shall have been approved by the Governor in Council and published in the Gazette after the enactment of this subsection, notwithstanding that compliance by the Local Authority with any of the requirements of the said subsection (27) shall have been before the enactment of this section, be as valid and effectual as if such by-law had been made under the authority of the said section 45A after the enactment of this section.