Local Government and Other Legislation Amendment Act 2013 (Qld)

Queensland Local Government and Other Legislation Amendment Act 2013 Act No. 60 of 2013

Queensland Local Government and Other Legislation Amendment Act 2013 Contents Part 1 1 2 Part 2 3 4 5 6 7 7A 8 Part 3 9 10 11 11A 12 13 14 15 15A 16 17 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Amendment of City of Brisbane Act 2010 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Amendment of s 152 (Qualifications of councillors) . . . . . . . . . . . 7 Amendment of s 153 (Disqualification for certain offences) . . . . . 7 Insertion of new s 173B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 173B Obligation of councillor to correct register of interests 8 Amendment of s 179 (Preliminary assessments of complaints). . 9 Amendment of s 183A (Records about complaints) . . . . . . . . . . . 10 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 10 Amendment of Local Government Act 2009 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Replacement of s 18 (Who may start the change process) . . . . . 11 18 Who may start the change process . . . . . . . . . . . . . . 11 Amendment of s 19 (Assessment) . . . . . . . . . . . . . . . . . . . . . . . . 12 Amendment of s 90A (Caretaker period) . . . . . . . . . . . . . . . . . . . 12 Amendment of s 152 (Qualifications of councillors) . . . . . . . . . . . 12 Amendment of s 153 (Disqualification for certain offences) . . . . . 12 Insertion of new s 171B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 171B Obligation of councillor to correct register of interests 13 Amendment of s 176B (Preliminary assessments of complaints) 14 Amendment of s 181A (Records about complaints) . . . . . . . . . . . 15 Amendment of s 196 (Appointing other local government employees) 16 Amendment of s 260F (Implementation) . . . . . . . . . . . . . . . . . . . 16

Local Government and Other Legislation Amendment Act 2013 Contents 18 19 20 Part 4 21 22 23 Part 5 24 25 26 27 28 29 30 31 Amendment of s 297 (Continuation of particular provisions for corporate entities). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Insertion of new ch 9, pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Part 7 Transitional provisions for Local Governmentand Other Legislation Amendment Act 2013 Division 1 Former corporate entities 302 Exemption from continuation of particular provisions for corporate entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 303 Continuation of particular provisions of other Acts for corporate entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Division 2 New local governments 304 Definition for div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 305 Meeting to approve budget and levy rates and charges for period ending 30 June 2014. . . . . . . . . . . . . . . . . . . . 19 306 Post-election meeting not required. . . . . . . . . . . . . . . 19 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 20 Amendment of Local Government and Other LegislationAmendment Act 2012 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Amendment of s 2 (Commencement) . . . . . . . . . . . . . . . . . . . . . 21 Amendment of s 172 (Amendment of s 270 (Regulation-making power)) ....................................... 21 Amendment of Sustainable Planning Act 2009 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Amendment of s 15 (State planning instruments under Act) . . . . 22 Amendment of s 26 (Relationship with other instruments). . . . . . 22 Replacement of s 43 (Relationship with local planning instruments) 22 43 Relationship with regional plans and local planning instruments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Renumbering and relocation of ch 2, pts 3 and 4. . . . . . . . . . . . . 22 Amendment of s 74 (Notice of repeal) . . . . . . . . . . . . . . . . . . . . . 23 Insertion of new s 86 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 86 Planning schemes for particular local governments. . 23 Insertion of new ch 10, pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Part 8 Transitional provisions for Local Governmentand Other Legislation Amendment Act 2013 Division 1 State planning instruments 948 Existing development applications . . . . . . . . . . . . . . . 25 Page 2 2013 Act No. 60

32 Part 6 33 Schedule 1 Local Government and Other Legislation Amendment Act 2013 Contents Division 2 De-amalgamation of particular local governments Subdivision 1 Preliminary 949 Definitions for pt 8, div 2 . . . . . . . . . . . . . . . . . . . . . . . 26 Subdivision 2 Applications or requests made before changeover day 950 Application or request relating to land wholly within continuing local government area. . . . . . . . . . . . . . . . 28 951 Application or request relating to land wholly within new local government area . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 952 Application or request relating to land within continuing and new local government area . . . . . . . . . . . . . . . . . . . . 29 953 Continuing local government to assist related new local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Subdivision 3 Existing proceedings 954 Land wholly within new local government area . . . . . 32 955 Land within both continuing and new local government area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Subdivision 4 Proceedings commenced after changeover day 956 Land wholly within new local government area . . . . . 33 957 Land within both continuing and new local government area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Subdivision 5 Enforcement provision 958 Enforcement that may be taken by new local governments . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Subdivision 6 Miscellaneous 959 Provision about consultations. . . . . . . . . . . . . . . . . . . 36 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 36 Minor and consequential amendments Legislation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Minor and consequential amendments . . . . . . . . . . . . . . . . . . 39 City of Brisbane Act 2010. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 City of Brisbane Regulation 2012. . . . . . . . . . . . . . . . . . . . . . . . . 40 Local Government Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Local Government Regulation 2012 . . . . . . . . . . . . . . . . . . . . . . . 42 Sustainable Planning Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . 43 2013 Act No. 60 Page 3

Queensland Local Government and Other Legislation Amendment Act 2013 Act No. 60 of 2013 An Act to amend the City of Brisbane Act 2010, the Local Government Act2009, the Local Government and Other Legislation Amendment Act 2012 and the Sustainable Planning Act 2009 for particular purposes, and to make consequential or minor amendments of other legislation as stated in schedule 1 for purposes related to those purposes [Assented to 7 November 2013]

Local Government and Other Legislation AmendmentAct 2013 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Local Government and Other Legislation Amendment Act 2013 . 2 Commencement (1) The following provisions commence on a day to be fixed by proclamation— • sections 25 to 29; • section 31 to the extent it inserts new chapter 10, part 8, division 1; • section 32(3) to (6); • schedule 1 to the extent it amends the SustainablePlanning Act 2009 . (2) The following provisions commence on 1 January 2014— • section 17; • section 19 to the extent it inserts new chapter 9, part 7, division 2; • section 31 to the extent it inserts new chapter 10, part 8, division 2; • section 32(1) and (2). Page 6 2013 Act No. 60

Part 2 Local Government and Other Legislation Amendment Act 2013 Part 2 Amendment of City of Brisbane Act 2010 [s 3] Amendment of City of Brisbane Act 2010 3 Act amended This part amends the City of Brisbane Act 2010 . Note — See also the amendments in schedule 1. 4 Amendment of s 152 (Qualifications of councillors) Section 152(a) to (c)— omit, insert— (a) is an adult Australian citizen; and (b) resides in Brisbane; and (c) is, under the ElectoralAct, enrolled on an electoral roll for an electoral district in Brisbane; and (d) is not disqualified from being a councillor because of a section in this division. Note — See the Local Government Electoral Act 2011 , section 26 about who may be nominated as a candidate, or for appointment, as a councillor. 5 Amendment of s 153 (Disqualification for certain offences) (1) Section 153(4)(c)— omit . (2) Section 153(5)— omit, insert— (5) An integrity offence is an offence against— 2013 Act No. 60 Page 7

Local Government and Other Legislation AmendmentAct 2013 Part 2 Amendment of City of Brisbane Act 2010 [s 6] (a) section 173, 173A(2) or (3), 174(5) or 215; or (b) section 173B(2), if the person is convicted of an offence to which paragraph (a) of the penalty applies; or (c) section 98B, 98E or 98G(a) or (b) of the Criminal Code. 6 Insertion of new s 173B After section 173A— insert— 173B Obligation of councillor to correct register of interests (1) This section applies if— (a) a councillor has an interest that must be recorded in a register of interests under a regulation in relation to the councillor or a person who is related to the councillor; or (b) there is a change to an interest recorded in a register of interests under a regulation in relation to a councillor or a person who is related to a councillor. Editor’s note — See the City of Brisbane Regulation 2012 , chapter 8, part 5 (Register of interests). (2) The councillor must, in the approved form, inform the chief executive officer of the particulars of the interest or the change to the interest within 30 days after the interest arises or the change happens. Maximum penalty— (a) if the councillor fails to comply with subsection (2) intentionally—100 penalty units; or Page 8 2013 Act No. 60

Local Government and Other Legislation Amendment Act 2013 Part 2 Amendment of City of Brisbane Act 2010 [s 7] (b) otherwise—85 penalty units. Note — Under section 153(5), an offence against subsection (2) is an integrity offence if a person is convicted of an offence to which paragraph (a) of the penalty applies. (3) For subsection (1), a person is related to a councillor if— (a) the person is the councillor’s spouse; or (b) the person is totally or substantially dependent on the councillor and— (i) the person is the councillor’s child; or (ii) the person’s affairs are so closely connected with the affairs of the councillor that a benefit derived by the person, or a substantial part of it, could pass to the councillor. 7 Amendment of s 179 (Preliminary assessments of complaints) (1) Section 179(1) to (5)— omit, insert— (1) This section applies if any of the following make or receive a complaint about the conduct or performance of a councillor— (a) the council; (b) the department’s chief executive; (c) the chief executive officer. (2) If the chief executive officer makes the complaint— (a) the person who receives the complaint must refer the complaint to the department’s chief executive; and 2013 Act No. 60 Page 9

Local Government and Other Legislation AmendmentAct 2013 Part 2 Amendment of City of Brisbane Act 2010 [s 7A] (b) the department’s chief executive must conduct a preliminary assessment of the complaint. (3) If any other entity makes the complaint— (a) the person who receives the complaint must refer the complaint to the chief executive officer; and (b) the chief executive officer must conduct a preliminary assessment of the complaint. (2) Section 179(6) to (8)— renumber as section 179(4) to (6). 7A Amendment of s 183A (Records about complaints) (1) Section 183A(1)(a), ‘written complaints’— omit, insert — complaints (2) Section 183A(1)(b), ‘written complaint’— omit, insert — complaint (3) Section 183A(2), ‘written complaints’— omit, insert — complaints (4) Section 183A(3), ‘written complaint’— omit, insert — complaint 8 Amendment of schedule (Dictionary) (1) Schedule, definition local government related law , paragraphs (d) to (h)— renumber as paragraphs (e) to (i). Page 10 2013 Act No. 60

Local Government and Other Legislation Amendment Act 2013 Part 3 Amendment of Local Government Act 2009 [s 9] (2) Schedule, definition local government related law — insert— (d) the Building Act; and (3) Schedule, definition major policy decision , paragraph (d)(i), ‘$150000’— omit, insert— $200000 (4) Schedule, definition preliminary assessment , ‘section 179(6)’— omit, insert— section 179(4) Part 3 Amendment of Local Government Act 2009 9 Act amended This part amends the Local Government Act 2009. Note — See also the amendments in schedule 1. 10 Replacement of s 18 (Who may start the change process) Section 18— omit, insert— 18 Who may start the change process Only the Minister may propose a local government change to the change commission. 2013 Act No. 60 Page 11

Local Government and Other Legislation AmendmentAct 2013 Part 3 Amendment of Local Government Act 2009 [s 11] 11 Amendment of s 19 (Assessment) Section 19(1), ‘proposed local government change’— omit, insert— local government change proposed by the Minister 11A Amendment of s 90A (Caretaker period) Section 90A(1)(b), after ‘conclusion’— insert— of 12 Amendment of s 152 (Qualifications of councillors) Section 152(a) to (c)— omit, insert— (a) is an adult Australian citizen; and (b) resides in the local government’s area; and (c) is enrolled on an electoral roll kept under the Electoral Act, section 58; and (d) is not disqualified from being a councillor because of a section in this division. Note — See the Local Government Electoral Act 2011 , section 26 about who may be nominated as a candidate, or for appointment, as a councillor. 13 Amendment of s 153 (Disqualification for certain offences) (1) Section 153(4)(c)— omit . (2) Section 153(5)— omit, insert— Page 12 2013 Act No. 60

Local Government and Other Legislation Amendment Act 2013 Part 3 Amendment of Local Government Act 2009 [s 14] (5) An integrity offence is an offence against— (a) section 171, 171A(2) or (3), 172(5) or 234; or (b) section 171B(2), if the person is convicted of an offence to which paragraph (a) of the penalty applies; or (c) section 98B, 98E or 98G(a) or (b) of the Criminal Code. 14 Insertion of new s 171B After section 171A— insert— 171B Obligation of councillor to correct register of interests (1) This section applies if— (a) a councillor has an interest that must be recorded in a register of interests under a regulation in relation to the councillor or a person who is related to the councillor; or (b) there is a change to an interest recorded in a register of interests under a regulation in relation to a councillor or a person who is related to a councillor. Editor’s note — See the Local Government Regulation 2012 , chapter 8, part 5 (Register of interests). (2) The councillor must, in the approved form, inform the chief executive officer of the particulars of the interest or the change to the interest within 30 days after the interest arises or the change happens. Maximum penalty— 2013 Act No. 60 Page 13

Local Government and Other Legislation AmendmentAct 2013 Part 3 Amendment of Local Government Act 2009 [s 15] (a) if the councillor fails to comply with subsection (2) intentionally—100 penalty units; or (b) otherwise—85 penalty units. Note — Under section 153(5), an offence against subsection (2) is an integrity offence if a person is convicted of an offence to which a penalty under maximum penalty, paragraph (a) applies. (3) For subsection (1), a person is related to a councillor if— (a) the person is the councillor’s spouse; or (b) the person is totally or substantially dependent on the councillor and— (i) the person is the councillor’s child; or (ii) the person’s affairs are so closely connected with the affairs of the councillor that a benefit derived by the person, or a substantial part of it, could pass to the councillor. 15 Amendment of s 176B (Preliminary assessments of complaints) (1) Section 176B(1) to (5)— omit, insert— (1) This section applies if any of the following make or receive a complaint about the conduct or performance of a councillor of a local government— (a) the local government; (b) the department’s chief executive; (c) the mayor; Page 14 2013 Act No. 60

Local Government and Other Legislation Amendment Act 2013 Part 3 Amendment of Local Government Act 2009 [s 15A] (d) the chief executive officer of the local government. (2) If the mayor or the chief executive officer makes the complaint— (a) the person who receives the complaint must refer the complaint to the department’s chief executive; and (b) the department’s chief executive must conduct a preliminary assessment of the complaint. (3) If any other entity makes the complaint— (a) the person who receives the complaint must refer the complaint to the chief executive officer; and (b) the chief executive officer must conduct a preliminary assessment of the complaint. (2) Section 176B(6) and (7)— renumber as section 176B(4) and (5). 15A Amendment of s 181A (Records about complaints) (1) Section 181A(1)(a), ‘written complaints’— omit, insert — complaints (2) Section 181A(1)(b), ‘written complaint’— omit, insert — complaint (3) Section 181A(2), ‘written complaints’— omit, insert — complaints (4) Section 181A(3), ‘written complaint’— 2013 Act No. 60 Page 15

Local Government and Other Legislation AmendmentAct 2013 Part 3 Amendment of Local Government Act 2009 [s 16] omit, insert — complaint 16 Amendment of s 196 (Appointing other local government employees) (1) Section 196— insert— (4A) The deputy mayor may delegate the deputy mayor’s functions under subsection (4) to another councillor of the local government. (2) Section 196— insert— (6) In this section— function includes power. (3) Section 196(4A) to (6)— renumber as section 196(5) to (7). 17 Amendment of s 260F (Implementation) Section 260F(5), ‘, other than a duty under the DutiesAct2001’ — omit . 18 Amendment of s 297 (Continuation of particular provisions for corporate entities) Section 297, after heading— insert— Note — See also section 302 (Exemption from continuation of particular provisions for corporate entities) and section 303 (Continuation of particular provisions of other Acts for corporate entities). Page 16 2013 Act No. 60

Local Government and Other Legislation Amendment Act 2013 Part 3 Amendment of Local Government Act 2009 [s 19] 19 Insertion of new ch 9, pt 7 Chapter 9— insert— Part 7 Transitional provisions for Local Governmentand Other LegislationAmendment Act 2013 Division 1 Former corporate entities 302 Exemption from continuation of particular provisions for corporate entities (1) This section applies to a corporate entity mentioned in section 297(1). (2) Despite section 297(3), section 72(1) of the repealed regulation does not prevent a person being both of the following at the same time— (a) a director of the corporate entity; (b) a councillor of a local government. (3) However— (a) no more than 1 director of the corporate entity can be a councillor of a local government; and (b) a person who is both a director of the corporate entity and a councillor of a local government can not be the chairperson or deputy chairperson of the board of the corporate entity. (4) In this section— repealed regulation means the repealed Local Government (Beneficial Enterprises and 2013 Act No. 60 Page 17

Local Government and Other Legislation AmendmentAct 2013 Part 3 Amendment of Local Government Act 2009 [s 19] Business Activities) Regulation 2010 as in force immediately before the commencement of section 297. 303 Continuation of particular provisions of other Acts for corporate entities (1) This section applies to a corporate entity mentioned in section 297(1). (2) Each of the relevant Acts, as in force immediately before the commencement of the LocalGovernmentandOtherLegislationAmendmentAct2012 (the amending Act ), continues to apply in relation to the corporate entity— (a) as if the Act were not amended under the amending Act; and (b) despite any amendment of the Act under the amending Act. (3) In this section— relevant Act means either of the following— (a) the Judicial Review Act 1991 ; (b) the Public Interest Disclosure Act 2010 . Division 2 New local governments Note — See also the Sustainable Planning Act 2009 , chapter 10, part 8, division 2 for other transitional provisions for continuing and new local governments. 304 Definition for div 2 In this division— Page 18 2013 Act No. 60

Local Government and Other Legislation Amendment Act 2013 Part 3 Amendment of Local Government Act 2009 [s 19] new local government means each of the following local governments that comes into existence on 1 January 2014— (a) Douglas Shire Council; (b) Livingstone Shire Council; (c) Mareeba Shire Council; (d) Noosa Shire Council. 305 Meeting to approve budget and levy rates and charges for period ending 30 June 2014 (1) A new local government must, at a meeting of the local government— (a) adopt, by resolution, a budget presented by the mayor, with or without amendment, for the period— (i) starting on 1 January 2014; and (ii) ending on 30 June 2014; and (b) decide, by resolution, what rates and charges are to be levied for the period— (i) starting on 1 January 2014; and (ii) ending on 30 June 2014. (2) The meeting must be held— (a) before 1 February 2014; or (b) on a later day allowed by the Minister. (3) Sections 94(2) and 107A do not apply to a new local government for the 2013-14 financial year. 306 Post-election meeting not required (1) Section 175 does not apply, and is taken to have never applied, to a new local government. 2013 Act No. 60 Page 19

Local Government and Other Legislation AmendmentAct 2013 Part 3 Amendment of Local Government Act 2009 [s 20] Editor’s note — Section 175 (Post-election meetings) (2) However, a new local government must, by resolution, appoint a deputy mayor from its councillors (other than the mayor) at its first meeting after it comes into existence on 1 January 2014. 20 Amendment of sch 4 (Dictionary) (1) Schedule 4, definition Local Government Act , paragraphs (c) to (g)— renumber as paragraphs (d) to (h). (2) Schedule 4, definition Local Government Act — insert— (c) the Building Act (3) Schedule 4, definition major policy decision , paragraph (d)(i), ‘$150000’— omit, insert— $200000 (4) Schedule 4, definition preliminary assessment , ‘section 176B(6)’— omit, insert— section 176B(4) Page 20 2013 Act No. 60

Local Government and Other Legislation Amendment Act 2013 Part 4 Amendment of Local Government and Other Legislation Amendment Act 2012 [s 21] Part 4 Amendment of Local Government and Other Legislation Amendment Act 2012 21 Act amended This part amends the LocalGovernmentandOtherLegislation Amendment Act 2012 . 22 Amendment of s 2 (Commencement) Section 2, first dot point, from ‘, 151 and 172(1) and (3)’— omit, insert— and 151 23 Amendment of s 172 (Amendment of s 270 (Regulation-making power)) Section 172(1) and (3)— omit. Editor’s note — Legislation ultimately amended— • Local Government Act 2009 Part 5 Amendment of Sustainable Planning Act 2009 24 Act amended This part amends the Sustainable Planning Act 2009 . 2013 Act No. 60 Page 21

Local Government and Other Legislation AmendmentAct 2013 Part 5 Amendment of Sustainable Planning Act 2009 [s 25] Note — See also the amendments in schedule 1. 25 Amendment of s 15 (State planning instruments under Act) Section 15(b) and (c)— omit, insert— (b) a State planning policy; (c) a regional plan; 26 Amendment of s 26 (Relationship with other instruments) Section 26(2) and (3)— omit, insert— (2) If there is an inconsistency between a regional plan and a local planning instrument, the regional plan prevails to the extent of the inconsistency. 27 Replacement of s 43 (Relationship with local planning instruments) Section 43— omit, insert— 43 Relationship with regional plans and local planning instruments If there is an inconsistency between a State planning policy and a regional plan or local planning instrument, the State planning policy prevails to the extent of the inconsistency. 28 Renumbering and relocation of ch 2, pts 3 and 4 (1) Chapter 2, parts 3 and 4— renumber and relocate as chapter 2, parts 4 and 3 respectively. Page 22 2013 Act No. 60

Local Government and Other Legislation Amendment Act 2013 Part 5 Amendment of Sustainable Planning Act 2009 [s 29] (2) Sections 40 to 49— renumber as sections 22 to 31. (3) Sections 22 to 39— renumber as sections 32 to 49. 29 Amendment of s 74 (Notice of repeal) Section 74(6), ‘the eligible Minister’— omit, insert— the Minister 30 Insertion of new s 86 After section 85— insert— 86 Planning schemes for particular local governments (1) This section applies to the planning scheme for the following local governments— (a) Ipswich City Council; (b) Moreton Bay Regional Council; (c) Sunshine Coast Regional Council. (2) The Statutory Instruments Act 1992 , section 23 ( section 23 ), applies for the following development control plans (each a DCP ) under the repealed LGP&E Act— (a) the DCP known as the Development Control Plan 1 Kawana Waters; Editor’s note — At the commencement of this section, a copy of the DCP was available on the Sunshine Coast Regional Council’s website at < 2013 Act No. 60 Page 23

Local Government and Other Legislation AmendmentAct 2013 Part 5 Amendment of Sustainable Planning Act 2009 [s 30] Page 24 (b) the DCP known as the Mango Hill Infrastructure Development Control Plan; Editor’s note — At the commencement of this section, a copy of the DCP was available on the Moreton Bay Regional Council’s website at < (c) the DCP known as the Springfield Structure Plan. Editor’s note — At the commencement of this section, a copy of the DCP was available on the Ipswich City Council’s website at < (3) However, a DCP can not be incorporated into the text of the planning scheme itself. (4) A planning scheme may under section 23 apply or adopt a DCP by including a statement that the DCP applies to the part of the planning scheme area to which the DCP applies (an adopted DCP ). (5) Section 857 and any definition relevant to it apply for an adopted DCP— (a) as if— (i) the planning scheme were an existing planning scheme to which that section applies; and (ii) the adopted DCP were a development control plan to which that section applies; and (iii) as if a reference in the section to a development control plan being included in an existing planning scheme under repealed IPA, section 6.1.45A were a reference to the adopted DCP; and (b) with necessary changes. 2013 Act No. 60

Local Government and Other Legislation Amendment Act 2013 Part 5 Amendment of Sustainable Planning Act 2009 [s 31] 31 Insertion of new ch 10, pt 8 After section 947— insert— Part 8 Transitional provisions for Local Governmentand Other LegislationAmendment Act 2013 Division 1 State planning instruments 948 Existing development applications (1) This section applies to a development application made, but not decided, before this section commences. (2) The development application must be dealt with and decided under this Act as if sections 26 and 43, as in force before the commencement, had not been amended by the amending Act. (3) However, for assessing or deciding the application, an assessment manager or referral agency for the application may apply the sections amended by the amending Act to the extent it considers appropriate. (4) In this section— amending Act means the Local Government and Other Legislation Amendment Act 2013 . 2013 Act No. 60 Page 25

Local Government and Other Legislation AmendmentAct 2013 Part 5 Amendment of Sustainable Planning Act 2009 [s 31] Division 2 De-amalgamation of particular local governments Subdivision 1 Preliminary Page 26 949 Definitions for pt 8, div 2 In this division— application means an application made under this Act. changeover day means 1 January 2014. continuing local government means— (a) Cairns Regional Council; or (b) Rockhampton Regional Council; or (c) Sunshine Coast Regional Council; or (d) Tablelands Regional Council. continuing local government area , for a continuing local government, means the local government area for the continuing local government that comes into existence on the changeover day. decision maker , for a continuing or new local government, means an entity that has a function under this Act to make a decision about a matter. existing proceeding , means a proceeding that— (a) started under the Act before this section commences— (i) before a building and development committee; or (ii) in a court; and (b) on the commencement— (i) has not been decided; or 2013 Act No. 60

Local Government and Other Legislation Amendment Act 2013 Part 5 Amendment of Sustainable Planning Act 2009 [s 31] (ii) has not been withdrawn, or dismissed, struck out or otherwise disposed of under the Act. land , for an application, offence committed, proceeding or request means the land to which it relates. new local government means each of the following local governments that comes into existence on the changeover day— (a) Douglas Shire Council; (b) Livingstone Shire Council; (c) Noosa Shire Council; (d) Mareeba Shire Council. new local government area , for a new local government, means the local government area for the new local government that comes into existence on the changeover day. related — 1 Cairns Regional Council is related to Douglas Shire Council. 2 Rockhampton Regional Council is related to Livingstone Shire Council. 3 Sunshine Coast Regional Council is related to Noosa Shire Council. 4 Tablelands Regional Council is related to Mareeba Shire Council. request means a request made under this Act. 2013 Act No. 60 Page 27

Local Government and Other Legislation AmendmentAct 2013 Part 5 Amendment of Sustainable Planning Act 2009 [s 31] Subdivision 2 Applications or requests made before changeover day 950 Application or request relating to land wholly within continuing local government area (1) This section applies if— (a) before the changeover day, a continuing local government— (i) is the decision maker for an application or request; and (ii) has not decided the application or request; and (b) on the changeover day, the land is wholly within the local government’s area. (2) On the changeover day, the local government continues as the decision maker for the application or request. 951 Application or request relating to land wholly within new local government area (1) This section applies if— (a) before the changeover day, a continuing local government— (i) is the decision maker for an application or request; and (ii) has not decided the application or request; and (b) on the changeover day, the land is wholly within a new local government’s area. Page 28 2013 Act No. 60

Local Government and Other Legislation Amendment Act 2013 Part 5 Amendment of Sustainable Planning Act 2009 [s 31] (2) On the changeover day, the new local government becomes the decision maker for the application or request. (3) Subsection (4) applies if, on the changeover day— (a) the new local government must under this Act, take a particular step as decision maker for the application or request within a certain period; and (b) the step has not been fully taken. (4) The local government has a further 10 business days to take the step as well as any unexpired part of the period. 952 Application or request relating to land within continuing and new local government area (1) This section applies if— (a) before the changeover day, a continuing local government— (i) is the decision maker for an application or request; and (ii) has not decided the application or request; and (b) on the changeover day the land is partly within— (a) a continuing local government area; and (b) a new local government area. (2) The continuing local government for the continuing local government area must decide by the end of 2 January 2014 whether it is to continue to be the decision maker for the application or request. 2013 Act No. 60 Page 29

Local Government and Other Legislation AmendmentAct 2013 Part 5 Amendment of Sustainable Planning Act 2009 [s 31] (3) Within 2 business days of making the decision, the continuing local government must, give written notice of its decision to— (a) for an application—the applicant; and (b) for a request—the person who made the request; and (c) the new local government. (4) If the continuing local government gives notice that it is not continuing as the decision maker for the application or request, the new local government becomes the decision maker on the day it receives the notice (the notification day ). (5) A continuing local government that continues as the decision maker, or a new local government that becomes the decision maker, under this section must consult the related local government, in the way it considers appropriate, before it decides the application or request. (6) However, subsection (5) does not apply to a local government if the application is a development application. (7) Subsection (8) applies if, on the notification day— (a) the new local government is required to take a particular step as the decision maker for an application or request within a certain period; and (b) the step has not been fully taken. (8) The new local government has a further 10 business days to take the step as well as any unexpired part of the period. (9) Subsections (10) to (12) apply to an application that is a development application if— Page 30 2013 Act No. 60

Local Government and Other Legislation Amendment Act 2013 Part 5 Amendment of Sustainable Planning Act 2009 [s 31] (a) a continuing local government continues as the decision maker under subsection (2); or (b) a new local government becomes the decision maker under subsection (4). (10) Regardless of which stage of IDAS applies to the application, the other local government that is not the decision maker is the concurrence agency for the application to the extent the application is about land within the local government’s area. (11) The concurrence agency must give the concurrence agency’s response within 30 business days after the notification day. (12) The decision maker can not make a decision about the application until the earlier of the following— (a) the receipt of the concurrence agency’s response; (b) the expiration of 30 business days after the notification day. 953 Continuing local government to assist related new local government (1) This section applies if a new local government becomes a decision maker for an application or request under this subdivision. (2) The related continuing local government must do all acts and things necessary or desirable to facilitate the transfer of the decision maker function to the new local government. (3) Without limiting subsection (2), the related continuing local government must give the new local government the documents that are necessary to enable compliance with a provision of this Act including, for example— 2013 Act No. 60 Page 31

Local Government and Other Legislation AmendmentAct 2013 Part 5 Amendment of Sustainable Planning Act 2009 [s 31] (a) all material relevant to the application or request the continuing local government had on the changeover day; and (b) any material the continuing local government receives about the application or request after the new local government becomes the decision maker. Subdivision 3 Existing proceedings 954 Land wholly within new local government area (1) This section applies to an existing proceeding if— (a) the proceeding was started before the changeover day; and (b) a continuing local government was a party to the proceeding; and (c) on the changeover day, the land is wholly within a new local government area. (2) For the proceeding, the new local government becomes a party to the proceeding in place of the related continuing local government. Page 32 955 Land within both continuing and new local government area (1) This section applies to an existing proceeding if— (a) the proceeding was started before the changeover day; and (b) a continuing local government was a party to the proceeding; and (c) on the changeover day, the land to which the proceeding relates is partly within— 2013 Act No. 60

Local Government and Other Legislation Amendment Act 2013 Part 5 Amendment of Sustainable Planning Act 2009 [s 31] (i) a continuing local government area; and (ii) a new local government area. (2) Within 5 business days after the changeover day, the continuing local government must ask the Minister to make a decision under subsection (3). (3) The Minister must decide whether one or both of the local governments is to be a party to the remainder of the proceeding. (4) Until the decision is made, the continuing local government continues to be a party to the proceeding. (5) Despite subsection (3), and at any time up until the Minister makes the decision, the new local government may elect to be joined as a party to the proceeding. Subdivision 4 Proceedings commenced after changeover day 956 Land wholly within new local government area (1) This section applies if— (a) before the changeover day— (i) a continuing local government made a decision (a relevant decision ) about an application, request or previous decision made under this Act; or (ii) a court made a decision (also a relevant decision ) about an application, request or previous decision made under this Act; and (b) immediately before the changeover day, a person could have, but has not, commenced 2013 Act No. 60 Page 33

Local Government and Other Legislation AmendmentAct 2013 Part 5 Amendment of Sustainable Planning Act 2009 [s 31] a proceeding about the relevant decision; and (c) on the changeover day, the land is wholly within a new local government area. (2) A person— (a) may start a proceeding about the relevant decision against the new local government for the new local government area; but (b) can not start a proceeding about the relevant decision against the continuing local government. Page 34 957 Land within both continuing and new local government area (1) This section applies if— (a) before the changeover day— (i) a continuing local government made a decision (a relevant decision ) about an application, request or previous decision made under this Act; or (ii) a court made a decision (also a relevant decision ) about an application, request or previous decision made under this Act; and (b) immediately before the changeover day, a person could have, but has not, commenced a proceeding about the relevant decision; and (c) on the changeover day, the land to which the relevant decision relates is partly within— (i) a continuing local government area; and (ii) a new local government area. 2013 Act No. 60

Local Government and Other Legislation Amendment Act 2013 Part 5 Amendment of Sustainable Planning Act 2009 [s 31] (2) If a person wishes to start a proceeding about the relevant decision, the person can only start it against both local governments. (3) Within 5 business days after service of the proceeding, the continuing local government must ask the Minister to make a decision under subsection (4). (4) If so requested, the Minister must decide whether one or both of the local governments is to be a party to the proceeding. (5) Until the Minister makes the decision, both local governments are parties to the proceeding. Subdivision 5 Enforcement provision 958 Enforcement that may be taken by new local governments (1) This section applies for an offence against this Act if— (a) before the changeover day, a continuing local government would have been the assessing authority for the offence; and (b) on the changeover day, the land to which the offence relates is wholly or partly within a new local government area. (2) From the changeover day, the new local government for the new local government area may also do any of the following about the offence— (a) give a show cause notice under chapter 7, part 3, division 2; (b) give an enforcement notice under chapter 7, part 3, division 3; 2013 Act No. 60 Page 35

Local Government and Other Legislation AmendmentAct 2013 Part 5 Amendment of Sustainable Planning Act 2009 [s 32] (c) bring a proceeding under chapter 7, part 3, division 4 or 5. (3) For chapter 7, parts 3 and 4, as applied under subsection (2), the following applies, if the context permits— (a) a reference to an assessing authority or a local government includes a reference to the new local government; (b) a reference to a chief executive or the chief executive officer, however called, of an assessing authority includes a reference to a chief executive or the chief executive officer of the new local government. Subdivision 6 Miscellaneous 959 Provision about consultations (1) This section applies for a requirement under this division for one local government to consult another about a decision. (2) The local government may carry out the consultation in any way it considers appropriate. (3) A failure to consult does not invalidate or otherwise affect the decision. 32 Amendment of sch 3 (Dictionary) (1) Schedule 3— insert— changeover day for chapter 10, part 8, division 2, see section 949. continuing local government for chapter 10, part 8, division 2, see section 949. Page 36 2013 Act No. 60

Local Government and Other Legislation Amendment Act 2013 Part 5 Amendment of Sustainable Planning Act 2009 [s 32] continuing local government area for chapter 10, part 8, division 2, see section 949. decision maker for chapter 10, part 8, division 2, see section 949. existing proceeding for chapter 10, part 8, division 2, see section 949. land for chapter 10, part 8, division 2, see section 949. new local government for chapter 10, part 8, division 2, see section 949. new local government area for chapter 10, part 8, division 2, see section 949. related , for chapter 10, part 8, division 2, see section 949. request for chapter 10, part 8, division 2, see section 949. (2) Schedule 3, definition application — omit, insert— application— (a) for chapter 6, means a development application; or (b) for chapter 10, part 8, division 2, see section 949. (3) Schedule 3, definition designated region , ‘section 22(1)’— omit, insert— section 32(1) (4) Schedule 3, definition regional plan , ‘section 23’— omit, insert— section 33 (5) Schedule 3, definition State planning policy , ‘section 40’— omit, insert— 2013 Act No. 60 Page 37

Local Government and Other Legislation AmendmentAct 2013 Part 6 Minor and consequential amendments [s 33] section 22 (6) Schedule 3, definition temporary State planning policy , ‘section 46(1) and (2)’— omit, insert— section 28(1) and (2) Part 6 Minor and consequential amendments 33 Legislation amended Schedule 1 amends the Acts and regulations it mentions. Page 38 2013 Act No. 60

Schedule 1 Local Government and Other Legislation Amendment Act 2013 Schedule 1 Minor and consequential amendments section 33 City of Brisbane Act 2010 1 Section 6, ‘the schedule’— omit, insert— schedule 1 2 Section 14(3)(a)(ii), ‘and community plans’— omit, insert— plan 3 Section 15(1)(b)(iii), ‘and community plans’— omit, insert— plan 4 Section 51(4)(a), ‘section 8’— omit, insert— section 10 5 Schedule— renumber as schedule 1. 2013 Act No. 60 Page 39

Local Government and Other Legislation AmendmentAct 2013 Schedule 1 City of Brisbane Regulation 2012 1 Section 240— omit . 2 Section 270, heading— omit, insert— 270 Obligation of chief executive officer and senior executive employees to correct register of interests 3 Section 270(1) and (2)— omit . 4 Section 270(3) to (6)— renumber as section 270(1) to (4). 5 Section 270(1), as renumbered, ‘Subsection (4)’— omit, insert— Subsection (2) 6 Section 270(3), as renumbered, ‘Subsection (6)’— omit, insert— Subsection (4) 7 Section 270, after subsection (4) as renumbered— insert— Note — See the Act, section 173B about the obligation of a councillor to correct the register of interests. Page 40 2013 Act No. 60

Local Government and Other Legislation Amendment Act 2013 Schedule 1 Local Government Act 2009 1 Section 12(3)(a)(ii), ‘and community plans’— omit, insert— plan 2 Section 13(2)(b)(iii), ‘and community plans’— omit, insert— plan 3 Section 25(4), ‘section 19’— omit, insert— section 18 4 Section 47(4)(a), ‘section 8’— omit, insert— section 10 5 Schedule 4, definition conflict of interest , ‘section 173(3)’— omit, insert— section 173(2) 6 Schedule 4, definition senior executive employee , ‘section 196(5)’— omit, insert— section 196(6) 2013 Act No. 60 Page 41

Local Government and Other Legislation AmendmentAct 2013 Schedule 1 Local Government Regulation 2012 1 Section 253— omit . 2 Section 292, heading— omit, insert— 292 Obligation of chief executive officer and senior executive employees to correct register of interests 3 Section 292(1) and (2)— omit . 4 Section 292(3) to (6)— renumber as section 292(1) to (4). 5 Section 292(1), as renumbered, ‘Subsection (4)’— omit, insert— Subsection (2) 6 Section 292(3), as renumbered, ‘Subsection (6)’— omit, insert— Subsection (4) 7 Section 292, after subsection (4) as renumbered— insert— Note — See the Act, section 171B about the obligation of a councillor to correct the register of interests. Page 42 2013 Act No. 60

Local Government and Other Legislation Amendment Act 2013 Schedule 1 Sustainable Planning Act 2009 1 Section 27(1), as renumbered, ‘section 44’— omit, insert— section 26 2 Section 28(1) and (2), as renumbered, ‘section 47’— omit, insert— section 29 3 Section 39(1), as renumbered, ‘section 22(1)’— omit, insert— section 32(1) 4 Section 43(3), as renumbered, ‘section 31(4)’— omit, insert— section 41(4) 5 Section 83, note— omit, insert— Note — For the relationship between planning schemes and State planning instruments, see sections 19 (Relationship with other instruments), 25 (Relationship with local planning instruments), 36 (Relationship with other instruments) and 53 (Relationship with local planning instruments). 6 Section 104, note— omit, insert— Note — 2013 Act No. 60 Page 43

Local Government and Other Legislation AmendmentAct 2013 Schedule 1 For the relationship between temporary local planning instruments and State planning instruments, see sections 19 (Relationship with other instruments), 25 (Relationship with local planning instruments), 36 (Relationship with other instruments) and 53 (Relationship with local planning instruments). 7 Section 129, note, ‘section 29’— omit, insert— section 39 8 Schedule 3, definition Minister , paragraph (a), ‘part 2 or 3’— omit, insert— part 2 or 4 9 Schedule 3, definition Minister , paragraph (b), ‘part 4 or 5’— omit, insert— part 3 or 5 10 Schedule 3, definition regional planning committee , ‘section 31’— omit, insert— section 41 11 Schedule 3, definition regional planning Minister , paragraph (a), ‘part 2 or 3’— omit, insert— part 2 or 4 Page 44 © State of Queensland 2013 Authorised by the Parliamentary Counsel 2013 Act No. 60