Local Government Amendment Regulation (No. 3) 2008 (Qld)

Queensland Local Government Amendment Regulation (No. 3) 2008 Subordinate Legislation 2008 No. 128 made under the Local Government Act 1993 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Insertion of new pt 17A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Part 17A Transitional regulation for particular rates and charges 91A Declaration that this part is a transitional regulation—Act, s 159YQA . . . . . . . . . . . . . . . . . . . . 2 91B Application of definitions for ch 3, pts 1B and 1C of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 91C Definitions for pt 17A . . . . . . . . . . . . . . . . . . . . . . . . . 2 91D Transitional provision for rates and charges for new local governments . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 91E Transitional provision for rates and charges for adjusted local governments . . . . . . . . . . . . . . . . . . . . 4 91F Transitional provision for charges on residents of residential premises for indigenous regional councils 4 4 Amendment of sch 7 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 4

Local Government Amendment Regulation (No. 3) 2008 [s 1] 1 Short title This regulation may be cited as the Local Government Amendment Regulation (No. 3) 2008 . 2 Regulation amended This regulation amends the LocalGovernmentRegulation 2005. 3 Insertion of new pt 17A After section 91— insert — ‘Part 17A Transitional regulation for particular rates and charges ‘91A Declaration that this part is a transitional regulation—Act, s 159YQA ‘This part is a transitional regulation under section 159YQA of the Act. ‘91B Application of definitions for ch 3, pts 1B and 1C of the Act ‘Words defined for chapter 3, parts 1B and 1C of the Act have the same meaning in this part. ‘91C Definitions for pt 17A ‘In this part— reform matters includes the repeal of the Community Services(Torres Strait) Act 1984 . relevant adjusted area , for an adjusted local government, means a part of the local government’s local government area that, immediately before the changeover day for the local Page 2 2008 SL No. 128

Local Government Amendment Regulation (No. 3) 2008 [s 3] government area, was part of the local government area of another adjusted local government. relevant area , for an indigenous regional council, means a part of the indigenous regional council’s local government area that, immediately before the changeover day for the local government area, was the local government area of a merging local government. relevant financial year means a financial year starting on or after 1 July 2008 and ending on or before 30 June 2012. relevant merged area , for a new local government, means a part of the local government’s local government area that, immediately before the changeover day for the local government area, was all or part of the local government area of a merging local government. ‘91D Transitional provision for rates and charges for new local governments ‘(1) A new local government may, for a relevant financial year, and for a relevant merged area for the new local government, make and levy rates and charges under chapter 14 of the Actin the same way, and in the same amounts, that the merging local government could have made and levied rates and charges if the reform matters had not taken effect. Example — On the changeover day for the new local government area of Bundaberg Regional Council, the local government area of a merging local government, Burnett Shire Council, was included in the local government area of Bundaberg Regional Council. This section allows Bundaberg Regional Council to make and levy rates and charges for the included area in the same way and in the same amounts that Burnett Shire Council could have made and levied rates and charges for the included area if no creation of new local government areas, as provided for in chapter 3, part 1B of the Act, had ever taken place. This would include the power to raise or lower the levels of rates and charges, just as Burnett Shire Council could have done. ‘(2) This section does not purport to limit how a new local government may act under chapter 14 of the Act. 2008 SL No. 128 Page 3

Local Government Amendment Regulation (No. 3) 2008 [s 4] ‘91E Transitional provision for rates and charges for adjusted local governments ‘(1) An adjusted local government may, for a relevant financial year, and for a relevant adjusted area for the adjusted local government, make and levy rates and charges under chapter 14 of the Act in the same way, and in the same amounts, that the other adjusted local government could have made and levied rates and charges if the reform matters had not taken effect. Example — On the changeover day for the adjusted local government area of Logan City Council, a part of the local government area of another adjusted local government, Gold Coast City Council, was included in the local government area of Logan City Council. This section allows Logan City Council to make and levy rates and charges for the included area in the same way and in the same amounts that Gold Coast City Council could have made and levied rates and charges for the included area if no adjustments of local government areas, as provided for in chapter 3, part 1B of the Act, had ever taken place. This would include the power to raise or lower the levels of rates and charges, just as Gold Coast City Council could have done. ‘(2) This section does not purport to limit how an adjusted local government may act under chapter 14 of the Act. ‘91F Transitional provision for charges on residents of residential premises for indigenous regional councils ‘(1) An indigenous regional council may, for a relevant financial year, and for a relevant area for the indigenous regional council, make and levy charges on residents of residential premises under section 159ZZZG of the Act in the same way, and in the same amounts, that the merging local government could have made and levied charges on residents of residential premises if the reform matters had not taken effect. ‘(2) This section does not purport to limit how an indigenous regional council may act under section 159ZZZG of the Act.’. 4 Amendment of sch 7 (Dictionary) Schedule 7— Page 4 2008 SL No. 128

Local Government Amendment Regulation (No. 3) 2008 [s 4] insert — ‘ reform matters , for part 17A, see section 91C. relevant adjusted area , for part 17A, see section 91C. relevant area , for part 17A, see section 91C. relevant financial year , for part 17A, see section 91C. relevant merged area , for part 17A, see section 91C.’. ENDNOTES 1 Made by the Governor in Council on 15 May 2008. 2 Notified in the gazette on 16 May 2008. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Local Government, Sport and Recreation. © State of Queensland 2008 2008 SL No. 128 Page 5