Local Government Acts and Another Act Amendment Act of 1957 (6 Eliz ll No. 41) (Qld)

LOCAL AUTHORITIES. 6 Euz. II. No. 41, 1957. Local Government Acts , Etc ., Act . 169 LOCAL AUTHORITIES. (1) Local Government Acts and Another Act Amendment Act of 1957 .. .. .. 6 Eliz. II. No. 41 (2) Local Government Acts and Another Act Amendment Act of 1958 .. .. .. 7 Eliz. II. No. 1 An Act to Amend “ The Local Government Acts, 1936 ,,^ ikiz 411 l to 1957,” and “ The City of Brisbane Acts, G overnment 1924 to 1954,” each in certain particulars. A nother A mendmen f [A ssented to 20 th D ecember , 1957.] ACTOF1967 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:— P art X.—P reliminary . preliminary . 1. This Act may be cited as “ The Local Government short title. Acts and Another Act Amendment Act of 1957.” 2. This Act is divided into Parts as follows: — Parts of Act. P art I. —P reliminary ; P art II. —A mendments of *“ T he L ocal G overnment A cts , 1936 to 1957 ” ; P art III. —A mendments of f“ T he C ity of B risbane A cts , 1924 to 1954.” P art II.— A mendments of “ T he P art II. —A mendments of *“T he L ocal G overnment government A cts , 1936 to 1957.” tssaiS'iW” 3. (1.) This Part II. of this Act shall be read as interpreta- one with *“ The Local Government Acts, 1936 to 1957.” £°n.°£ (2.) *“ The Local Government Acts, 1936 to 1957,” Principal are in this Part II. of this Act referred to as the PrincipalAct' Act. (3.) The Principal Act and this Part II. of this Act Collective may be collectively cited as “ The Local Government111 e' Acts, 1936 to 1957.” * 1 G. 6 No. 1 and amending Acts, f 15 G. 5 No. 32 and amending Acts.

170 LOCAL AUTHORITIES. P art II.— A mendments of “ T he L ocal G overnment Local Government Acts, Etc., Act. 6 E liz . II. No. 41, 1936 to T1957.” 4. Subsection three of section fourteen of the Amendment Principal Act is amended by adding to the third ofs. 14 (3). paragraph thereof the words “ assigned to the Area ”. Amendment 5. Subsection one of section sixteen of the Principal af e.i6(i). Act amended by adding thereto the following paragraph:— “ (iii.) The Local Authority may exempt from the requirement with respect to the keeping of minutes imposed by this subsection any committee appointed for a purpose of advising or recommending, and to which power to do any act is not delegated, but that exemption shall be subject in every case to the committee in question submitting in writing to the Local Authority a report upon its deliberations and its advice or recommendation.” New s. 16 a 6 . The following section is inserted after section inserted. sixteen of the Principal Act, namely:— Form in “ [ 16 a .] Subject to the provisions of this Act which AwhuitchhorLitoycal apply in respect of the particular case, rate books, may keep valuation lists, registers, books of account, minutes and arecccoorudnst.s and any other records kept by the Local Authority pursuant to a requirement or for a purpose of this Act may be so kept according to a loose-leaf or card index system. The power to make regulations under this Act on the recommendation of the Auditor-General, shall include power to make all such regulations with respect to the form of any such loose-leaf or card index system, and the manner of keeping the same as, being recommended as aforesaid, the Governor in Council is of opinion are necessary or desirable to ensure the proper keeping and the facilitation of the inspection and auditing of the records and accounts of the Local Authority.” Amendment 7. Subsection four of section twenty-four of the of e. 24 (4). prjncipai Act is amended by adding thereto the following proviso :— “ Provided that where any rateable land whereto the provisions of subsection three of this section applied immediately prior to the termination of the tenure thereof by resumption by the Crown or by effluxion of time continues thereafter to be held from the Crown

LOCAL AUTHORITIES. 171 P art n.— 1957. Local Government Acts, Etc., Act. A mendments op “ T he L ocal G overnment under an occupation license granted pursuant to section 1939 A t c o t 1 s 9 , 57 . forty-six of *“ The Land Acts, 1910 to 1957,” then the rateable value of that land shall not at any time when it is held under that occupation license exceed the amount which would be the rateable value thereof if the aforementioned tenure thereof were still in force.” 8. Section twenty-six of the Principal Act is Amendments amended- ( a ) By renumbering the last paragraph of subsection six thereof subsection seven; ( b ) By repealing in subsection seven thereof (as so renumbered by this section) the words “ not exceeding one shilling ” and inserting, in lieu of those repealed words, the words “ of such amount as may be fixed for the time being by by-law ” ; and (c) By adding to subsection seven thereof (as so renumbered by this section) the following paragraph:— “ Until firstly fixed at some other amount by by-law, the amount of the fee referred to in this subsection shall be one shilling.” 9. Section twenty-seven of the Principal Act is Amendments amended— (a) By repealing, in subsection three thereof, the word “ five ” and inserting, in lieu of that repealed word, the word “ six ” ; and (b) By repealing, in the first proviso to paragraph (ii.) of subsection four thereof, the word “ thirty ” and inserting, in lieu of that repealed word, the word “ twenty-one ”. 10. Paragraph (iv.) of subsection three of section Amendment twenty-nine of the Principal Act is amended— °(iv.yQ (3) (a). By repealing therein the words “on payment of the sum of one shilling therefor ” and inserting, in lieu of those repealed words, the words “ on payment therefor of a sum of such amount as may be fixed for the time being by by-law”; and ( b ) By adding thereto the following subparagraph :— “ Until firstly fixed at some other amount by by-law, the amount of the sum referred to in this paragraph shall be one shilling.” 1 G. 5 No. 15 and amending Acts.

172 LOCAL AUTHORITIES. P art II.— A mendments or “ T he L ocal G overnment Local Government Acts, Etc., Act. 6 E liz . II. No. 41, 1936T01957.” IT. Subsection twenty-nine of section thirty-one Amendment of the Principal Act is amended by adding thereto the ofs. 3i (29). following paragraph “Brisbane City Council may, and is hereby authorised to, make ordinances in respect of all or any of the matters wherefor by-laws may be made under the authority of this subsection and, in relation to Brisbane City Council, references to “ the Local Authority “ by-laws ”, and “ Area ” shall be deemed to refer respectively to “Brisbane City Council”, “ ordinances ”, and the “ Area of the City of Brisbane Amendments 12 Section thirty-two of the Principal Act is ofs32- amended- (a) By inserting, after subsection six thereof, the following subsection:— “ ( 6 a .) The Local Authority may, with the approval of the Minister, contribute from the general fund in aid of the construction and maintenance of any road or part of a road by a Harbour Board pursuant to the provisions of section seventy-one of *“ The Harbours Acts, 1955 to 1956.” ” ; and (b) By adding to subsection seven thereof the following paragraphs:— “ The Local Authority may in any year contribute from the general fund in aid of the upkeep and maintenance of the Seasonal Forecasting Bureau at Crohamhurst. The Local Authority may aid persons or bodies or associations of persons within the Commonwealth of Australia engaged in any work furthering the interests of local government or calculated in any way to benefit the Local Authority or to aid or assist it in carrying out all or any of the functions of local government.” Amendment 13. Subsection three of section thirty-three of ofs. 33(3). the Principal Act is amended by inserting, before the words “ in some newspaper ” in paragraph (i.) thereof, the words “ in the Gazette and ”. * 4 Eliz. 2 No. 40 and amending Act.

1957. LOCAL AUTHORITIES. Local Government Acts, Etc., Act. 173 P ast II.— 14. Subsection twelve of section thirty-four of 1936101957 .” the Principal Act is amended— Amendments of s. 34 (12). (i.) By inserting, after the words “ size and shape ” in subparagraph (a) of the first paragraph thereof the words “ and utility ” ; and (ii.) By repealing the proviso thereto, and inserting, in lieu of that repealed proviso, the following proviso :— “ Provided that the Local Authority shall not take into consideration the matters set out in subparagraphs (e), (g), (h) and (i) of the first paragraph of this subsection where the land the subject of the application is not within a residential locality, or is not within a locality which in the opinion of the Local Authority is or probably will become a residential locality.” 15. Subsection twenty-four of section thirty-five Amendment of the Principal Act is amended by adding after the fifth of 8' 35 <24)’ subparagraph (being the subparagraph commencing with the words “ Such permit shall be subject ”) of paragraph (i.) thereof the following subparagraph :— “ Unless the Local Authority with the consent of the Governor in Council otherwise approves in the permit so granted, it shall be a condition of every such permit that the permittee shall construct in concrete, at his own expense, to the satisfaction of the Local Authority and in compliance in all respects with the standards specified by the Local Authority, the road between the rails and for a distance of six feet on either side thereof wheresoever the tramway traverses the carriageway of any road (that is to say, in relation to a road part of the width whereof is built up for use by vehicular traffic, the part so built up, and in relation to a road no part of the width whereof is so built up, so much of the width thereof as the Local Authority deems necessary for vehicular traffic) and shall thereafter maintain that part of the road in good condition and repair in such manner as the Local Authority directs and to the satisfaction of the Local Authority.” 16 . Subsection fourteen of section thirty-six the Principal Act is amended by inserting therein,0 8' after the words “ designed and executed”, the words “ as directed '

174 LOCAL AUTHORITIES. Local Government Acts, Etc., Act. 7 E liz . II. No. 1, P art III.— A mendments o C fit “ y T ohfe P abt III. —A mendments of *“ T he C ity of B risbane B risbane A cts . A cts , 1924 to 1954.” 1924 TO 1954.” Interpreta­ 17. (1.) This Part III. of this Act shall be read PtiaorntoIfII. as one with *“ The City of Brisbane Acts, 1924 to 1954.” Collective (2.) *“ The City of Brisbane Acts, 1924 to 1954,” title. and this Part III. of this Act may be collectively cited as “ The City of Brisbane Acts, 1924 to 1957.” Amendment 18. Section thirty-one of *“ The City of Brisbane of s. 31. Acts, 1924 to 1954,” is amended by inserting, after the second paragraph thereof, the following paragraph :— “ The Council may, and is hereby authorised to, sell the estate held by it in any bridge lands which are not required to be used for the approaches to the bridge.” 7 E N l o i . z . 1. II. An Act to Amend “ The Local Government Acts, T he L ocal G overnment 1936 to 1957,” and “The City of Brisbane A cts and A nother A ct A mendment Acts, 1924 to 1957,” each in certain A ct of 1958. particulars. [A ssented to 5 th M arch , 1958.] 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:— P art I.— P reliminary . P art I. —P reliminary . Short title. 1. This Act may be cited as “ The Local Government Acts and Another Act Amendment Act of 1958.” Parts of Act. 2. This Act is divided into Parts as follows :— P art I. —P reliminary ; P art II. —A mendments of f“ T he L ocal G overnment A cts , 1936 to 1957 ” ; P art III. —A mendments of *“ T he C ity of B risbane A cts , 1924 to 1957.” * 15 G. 5 No. 32 and amending Acts, f 1 G. 6 No. 1 and amending Acts.