Local Government Amendment Regulation (No. 2) 1997 (Qld)

Queensland Subordinate Legislation 1997 No. 202 Local Government Act 1993 LOCAL GOVERNMENT AMENDMENT REGULATION (No. 2) 1997 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Amendment of s 3 (Definitions—the dictionary) . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of s 7 (Meaning of “joint arrangement”) . . . . . . . . . . . . . . . . . 3 5 Replacement of ss 8 and 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7A Issues identified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 8 Prescribed issues—Act, s 71C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 9 Prescribed issues—Act, s 76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 Omission of ss 12A and 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7 Amendment of s 24 (Limits of enterprise powers—Act, s 414) . . . . . . . . . . 6 8 Amendment of s 31 (Notice of intention to sell land—Act, s 637(3)) . . . . 7 9 Replacement of ss 32 and 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 32 Notice for registering purchaser for interest—Act, s 645(2) . . . . . . 7 33 Application for registering local government for interest—Act, s 646(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Amendment of s 34 (Notice of intention to acquire valueless land—Act, s 648(2)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 11 Replacement of s 35 (Application to be registered as owner—Act, s 649(3)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 35 Application for registering local government for interest—Act, s 649(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

2 Local Government Amendment (No. 2) No. 202, 1997 12 Amendment of s 44A (Local government entities—Act, s 761) . . . . . . . . . 8 13 Replacement of s 45 (Chief executive may approve forms) . . . . . . . . . . . . 8 45 Chapter 14 of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 PART 15—TRANSITIONAL PROVISIONS FOR ACT 46 Changes in continued application of provision of repealed Local Government Act—Act, s 797 . . . . . . . . . . . . . . . . . . . . . . . . . . 9 14 Omission of sch 1 (Principles and criteria if reviewable local government matter affects external boundaries) . . . . . . . . . . . . . . . . . . . . . . 9 15 Amendment of schs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 16 Amendment of schedule 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

s1 3 s5 Local Government Amendment (No. 2) No. 202, 1997 ˙ Short title 1. This regulation may be cited as the Local Government Amendment Regulation (No. 2) 1997 . ˙ Regulation amended 2. This regulation amends the Local Government Regulation 1994 . ˙ Amendment of s 3 (Definitions—the dictionary) 3. Section 3, ‘schedule 3’— omit, insert— ‘schedule 2’. ˙ Amendment of s 7 (Meaning of “joint arrangement”) 4.(1) Section 7, heading— omit, insert— ‘ Definitions for pt 3 ’. (2) Section 7— insert— ‘ “water catchment principle” means the principle that water catchment areas should generally be included in the local government area they service.’. ˙ Replacement of ss 8 and 9 5. Sections 8 and 9— omit, insert— ˙ ‘ Issues identified ‘ 7A.(1) Subsections (2) to (7) identify issues that may be prescribed

s5 4 s5 Local Government Amendment (No. 2) No. 202, 1997 under sections 71C or 76 1 of the Act. ‘ (2) The issue of “resource base sufficiency” is that a local government should have a sufficient resource base— (a) to be able to efficiently and effectively exercise its jurisdiction and operate facilities, services and activities; and (b) to be flexible and responsive in the exercise of its jurisdiction and the operation of its facilities, services and activities. ‘ (3) The issue of “planning” is that the external boundaries of a local government area should be drawn in a way that— (a) helps in— (i) the planning and development for the benefit of the local government area; and (ii) the efficient and effective operation of its facilities, services and activities; and (b) has regard to existing and expected population growth. ‘ (4) The issue of “community of interest” is that the external boundaries of a local government area should be drawn in a way that has regard to community of interest, including that the local government area should generally— (a) reflect local communities, for example, the geographical pattern of human activities (where people live, work and engage in leisure activities), and the linkages between local communities; and (b) have a centre, or centres, of administration and service easily accessible to its population; and (c) ensure effective elected representation for residents and ratepayers; and (d) have external boundaries that— (i) do not divide local neighbourhoods or adjacent rural and urban areas with common interests or interdependencies (including, for example, economic, cultural and ethnic 1 Section 71C (Commissions must have regard to prescribed issues) Section 76 (Commission must have regard to prescribed issues)

s5 5 s5 Local Government Amendment (No. 2) No. 202, 1997 interests or interdependencies); and (ii) subject to the water catchment principle—follow the natural geographical features and non-natural features separating different communities; and (iii) do not dissect properties. ‘ (5) The issue of “joint arrangements” is that regard should be had to whether or not a joint arrangement should be established instead of, or in combination with, a change to the external boundaries of a local government area. ‘ (6) The issue of “internal boundaries” is that the boundaries of the divisions of a local government area should be drawn in a way that has regard to the following— (a) community and diversity of interest; (b) ways of communication; (c) physical features; (d) population density; (e) demographic trends; (f) development trends. ‘ (7) The issue of “class change” is that regard should be had to the criteria prescribed under section 18 2 of the Act. ˙ ‘ Prescribed issues—Act, s 71C ‘ 8.(1) This section prescribes issues to which a commission must have regard under section 71C of the Act when considering a reviewable local government matter, other than a limited reviewable local government matter. ‘ (2) If the reviewable local government matter relates to the external boundaries of a local government area, the commission must have regard to the following issues— 2 Section 6 (Criteria for cities and towns—Act, s 18) prescribes criteria under section 18 (Declaration of classes of local government areas) of the Act.

s6 6 s7 Local Government Amendment (No. 2) No. 202, 1997 • resource base sufficiency • planning • community of interest • joint arrangements. ‘ (3) If the reviewable local government matter is a reviewable local government matter mentioned in section 64(1)(g) 3 or (h) of the Act (other than abolishing divisions of a local government area), the commission must have regard to the issue of internal boundaries. ‘ (4) If the reviewable local government matter relates to whether the class of a local government area should be changed, the commission must have regard to the issue of class change. ˙ ‘ Prescribed issues—Act, s 76 ‘ 9.(1) This section prescribes issues to which a commission must have regard under section 76 of the Act when considering a limited reviewable local government matter. ‘ (2) The commission must have regard to the following issues— • resource base sufficiency • planning • community of interest • joint arrangements.’. ˙ Omission of ss 12A and 13 6. Sections 12A and 13— omit. ˙ Amendment of s 24 (Limits of enterprise powers—Act, s 414) 7. Section 24(1), ‘schedule 2’— 3 Section 64 (Meaning of “reviewable local government matter”)

s 8 7 s 10 Local Government Amendment (No. 2) No. 202, 1997 omit, insert— ‘schedule 1’. ˙ Amendment of s 31 (Notice of intention to sell land—Act, s 637(3)) 8. Section 31(1)(g)— omit, insert— ‘(g) a description of the way the interest mentioned in paragraph (f) is calculated;’. ˙ Replacement of ss 32 and 33 9. Sections 32 and 33— omit, insert— ˙ ‘ Notice for registering purchaser for interest—Act, s 645(2) ‘ 32. A notice mentioned in section 645(2) 4 of the Act must be in the approved form 5 for a transfer lodged in the land registry. ˙ ‘ Application for registering local government for interest—Act, s 646(2) ‘ 33. An application mentioned in section 646(2) 6 of the Act must be in the approved form 7 for a general request lodged in the land registry.’. ˙ Amendment of s 34 (Notice of intention to acquire valueless land—Act, s 648(2)) 10. Section 34(1)(g)— omit, insert— 4 Section 645 (Issue of title) 5 Form 1 6 Section 646 (Acquisition by local government of title to land) 7 Form 14

s 11 8 s 13 Local Government Amendment (No. 2) No. 202, 1997 ‘(g) a description of the way the interest mentioned in paragraph (f) is calculated;’. ˙ Replacement of s 35 (Application to be registered as owner—Act, s 649(3)) 11. Section 35— omit, insert— ˙ ‘ Application for registering local government for interest—Act, s 649(3) ‘ 35. An application mentioned in section 649(3) 8 of the Act must be in the approved form 9 for a general request lodged in the land registry.’. ˙ Amendment of s 44A (Local government entities—Act, s 761) 12. Section 44A— insert— ‘• Burdekin Cultural Complex Board Inc.’. ˙ Replacement of s 45 (Chief executive may approve forms) 13. Section 45— omit, insert— ˙ ‘ Chapter 14 of the Act ‘ 45. Chapter 14 of the Act deals with general matters. 10 8 Section 649 (Application to be registered as owner) 9 Form 14 10 This regulation follows the structure of the Act. The headings to the parts of the regulation are substantially the same as the headings to the chapters of the Act. This part and section are included to maintain the relationship of the numbering sequence so that the part number is the same as the chapter number.

s 14 9 s 16 Local Government Amendment (No. 2) No. 202, 1997 ‘ PART 15—TRANSITIONAL PROVISIONS FOR ACT ˙ ‘ Changes in continued application of provision of repealed LocalGovernment Act—Act, s 797 ‘ 46.(1) For section 797 11 of the Act, subsection (2) prescribes a change to the way the repealed Local Government Act, section 28(15) applies to the Trustees. ‘ (2) Section 28(15)(e)(i)— insert— ‘(d) with Queensland Treasury Corporation.’.’ ˙ Omission of sch 1 (Principles and criteria if reviewable local government matter affects external boundaries) 14. Schedule 1— omit. ˙ Amendment of schs 2 and 3 15. Schedules 2 and 3— renumber as schedules 1 and 2. ˙ Amendment of schedule 2 (Dictionary) 16. Schedule 2 (as renumbered), definition “approved form”— omit. 11 Section 797 (Administration of sinking fund for liquidation of current borrowings)

10 Local Government Amendment (No. 2) No. 202, 1997 ENDNOTES 1. Made by the Governor in Council on 3 July 1997. 2. Notified in the gazette on 4 July 1997. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Local Government and Planning. © State of Queensland 1997