Local Government (Burdekin, Dalrymple, Hinchinbrook, Thuringowa and Townsville) Regulation 1993 (Qld)

Queensland Subordinate Legislation 1993 No. 495 Local Government Act 1936 LOCAL GOVERNMENT (BURDEKIN, DALRYMPLE, HINCHINBROOK, THURINGOWA AND TOWNSVILLE) REGULATION 1993 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3 Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5 Gazettal of changeover day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6 References in new Act adopted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 PART 2—IMPLEMENTATION OF REVIEWABLE LOCAL GOVERNMENT MATTERS Division 1—Shire of Burdekin 7 Shire of Burdekin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 8 Composition of Burdekin Shire Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 9 Adjusted Burdekin area not divided . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Division 2—Shire of Dalrymple 10 Shire of Dalrymple . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 11 Composition of Dalrymple Shire Council . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 12 Division of adjusted Dalrymple area into — divisions . . . . . . . . . . . . . . . . . 11

2 Local Government (Burdekin, Dalrymple, Hinchinbrook, Thuringowa and Townsville) No. 495, 1993 Division 3—Shire of Hinchinbrook 13 Shire of Hinchinbrook . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 14 Composition of Hinchinbrook Shire Council . . . . . . . . . . . . . . . . . . . . . . . . . 12 15 Adjusted Hinchinbrook area not divided . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Division 4—City of Thuringowa 16 City of Thuringowa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 17 Composition of Thuringowa City Council . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 18 Division of adjusted Thuringowa area into 2 divisions . . . . . . . . . . . . . . . . . 13 Division 5— City of Townsville 19 City of Townsville . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 20 Composition of Townsville City Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 21 Division of adjusted Townsville area into 10 divisions . . . . . . . . . . . . . . . . 14 PART 3—PROVISIONS FOR FACILITATING IMPLEMENTATION OF REVIEWABLE LOCAL GOVERNMENT MATTERS Division 1—Fresh elections 22 Cancellation of 1994 triennial elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 23 Direction for fresh elections for adjusted areas . . . . . . . . . . . . . . . . . . . . . . . 14 24 Returning officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 25 Qualification for office of mayor or councillor . . . . . . . . . . . . . . . . . . . . . . . 15 26 Term of office as councillor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Division 2—Role of adjusted local government 27 Adjusted local government to take over certain functions and powers . . . . 16 28 Application of affected local government’s local laws to adjusted area . . 16 Division 3—Instruments 29 Existing instruments to continue in force . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Division 4—Financial matters 30 Vesting of assets and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 31 Adjusted local government may levy rates made or imposed by affected local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 32 Recovery of unpaid rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Division 5—Planning schemes and related matters 33 Existing planning schemes continue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

3 Local Government (Burdekin, Dalrymple, Hinchinbrook, Thuringowa and Townsville) No. 495, 1993 34 Decisions of affected local government taken to be decisions of adjusted local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 35 Outstanding applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 36 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Division 6—Staff 37 Meaning of “continuing officer” in Division . . . . . . . . . . . . . . . . . . . . . . . . . 22 38 Officer may only be dismissed for misconduct or neglect . . . . . . . . . . . . . . 22 39 Rationalisation of staff because of the change . . . . . . . . . . . . . . . . . . . . . . . 22 40 Process for retrenchment of continuing officer . . . . . . . . . . . . . . . . . . . . . . . 23 41 Additional requirements for Thuringowa officers . . . . . . . . . . . . . . . . . . . . . 23 42 Salary maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 43 Payments to continuing officers who are retrenched or voluntarily retire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Division 7—General 44 Valuation of lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 45 Roads and bridges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 46 Reference in documents to affected local government . . . . . . . . . . . . . . . . 26 47 Record of vesting of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 48 Pending legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 49 Duty to facilitate changes in boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 PART 4—JOINT ARRANGEMENTS Division 1—Joint Transitional Committee 50 Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 51 Townsville to choose chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 52 Voting powers of chairperson and of Committee members generally . . . . . 28 Division 2—Decision-making by Committee 53 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 54 Decisions to be notified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 55 Local governments may oppose decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 56 Adjudication by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 57 Effect of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

4 Local Government (Burdekin, Dalrymple, Hinchinbrook, Thuringowa and Townsville) No. 495, 1993 Division 3—Joint arrangements after changeover day 58 Report about joint arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

5 Local Government (Burdekin, Dalrymple, Hinchinbrook, Thuringowa and Townsville) No. 495, 1993 PART 1—PRELIMINARY ˙ Short title 1. This regulation may be cited as the Local Government (Burdekin, Dalrymple, Hinchinbrook, Thuringowa and Townsville) Regulation 1993 . ˙ Commencement 2.(1) The following provisions commence on the notification of this regulation in the Gazette— • Part 1 (Preliminary) • Part 3 (Provisions for facilitating implementation of reviewable local government matters) • Division 1 (Fresh elections) • Division 6 (Staff) •section 38 (Officer may only be dismissed for misconduct or neglect) • Part 4 (Joint arrangements) • Division 1 (Joint Transitional Committee) • Division 2 (Decision-making by Committee). (2) The remaining provisions commence on changeover day. ˙ Purposes 3.(1) The purposes of this regulation are— (a) to implement the reviewable local government matters recommended by the Commissioner in the report; and (b) to facilitate the implementation of the reviewable local government matters. (2) This regulation implements the reviewable local government matters

6 Local Government (Burdekin, Dalrymple, Hinchinbrook, Thuringowa and Townsville) No. 495, 1993 involving— (a) changing the external boundaries of the City of Thuringowa by excluding a part of the City and including the part in the City of Townsville; and (b) changing the external boundaries of the City of Thuringowa by excluding a part of the City and including the part in the Shire of Burdekin; and (c) changing the external boundaries of the Shire of Burdekin by excluding a part of the Shire and including the part in the Shire of Dalrymple; and (d) changing the external boundaries of the City of Thuringowa by excluding a part of the City and including the part in the Shire of Dalrymple; and (e) changing the external boundaries of the Shire of Dalrymple by excluding a part of the Shire and including the part in the City of Thuringowa; and (f) changing the external boundaries of the City of Townsville by excluding a part of the City and including the part in the Shire of Hinchinbrook. ˙ Definitions 4. In this regulation— “adjusted area” means the adjusted Burdekin, Dalrymple, Hinchinbrook, Thuringowa or Townsville area; “adjusted Burdekin area” means the local government area of the Shire of Burdekin before the changeover day and relevant area B, but excluding relevant area C; “adjusted Burdekin local government” means the local government for the adjusted Burdekin area on and after changeover day; “adjusted Dalrymple area” means the local government area of the Shire of Dalrymple before the changeover day and relevant areas C and D, but excluding relevant area E;

7 Local Government (Burdekin, Dalrymple, Hinchinbrook, Thuringowa and Townsville) No. 495, 1993 “adjusted Dalrymple local government” means the local government for the adjusted Dalrymple area on and after changeover day; “adjusted Hinchinbrook area” means the local government area of the Shire of Hinchinbrook before the changeover day and relevant area F; “adjusted Hinchinbrook local government” means the local government for the adjusted Hinchinbrook area on and after changeover day; “adjusted local government” means the adjusted Burdekin, Dalrymple, Hinchinbrook, Thuringowa or Townsville local government; “adjusted Thuringowa area” means the local government area of the City of Thuringowa before the changeover day and relevant area E, but excluding relevant areas A, B and D; “adjusted Thuringowa local government” means the local government for the adjusted Thuringowa area on and after changeover day; “adjusted Townsville area” means the local government area of the City of Townsville before the changeover day and relevant area A, but excluding relevant area F; “adjusted Townsville local government” means the local government for the adjusted Townsville area on and after changeover day; “affected local government” means the local government of— (a) the Shire of Burdekin; or (b) the Shire of Dalrymple; or (c) the Shire of Hinchinbrook; or (e) the City of Thuringowa; or (f) the City of Townsville; “changeover day” means the day on which the last declaration notice for the fresh elections for the adjusted areas is published in a newspaper; “declaration notice” means a notice under section 316 (Declaration of poll) of the Local Government Act 1993 ; “dismissal” of an employee includes terminating the employee’s employment; “existing planning scheme” , for a relevant area, means the planning

8 Local Government (Burdekin, Dalrymple, Hinchinbrook, Thuringowa and Townsville) No. 495, 1993 scheme in force for the whole or a part of the area immediately before the changeover day; “officer” of a local government means an employee of the local government other than— (a) an employee who has been engaged on a temporary basis for less than 1 year; or (b) an employee engaged on a casual basis; or (c) a person engaged on a contract basis (unless the person has been appointed to a position) including, for example, a contract to supervise or undertake a specific capital works project, a research project or another specific consultancy, project or task; “planning scheme” includes town planning by-laws and subdivision of land by-laws continued in force under section 8.10 (Savings and transitional) of the Planning Act; “Planning Act” means the LocalGovernment(PlanningandEnvironment) Act 1990 ; “rate” means a rate or charge levied or imposed under the Act by a local government on land in the local government’s area, and includes any interest accrued, or premium owing, on the rate or charge; “relevant adjusted local government” means— (a) for relevant area A—the adjusted Townsville local government; and (b) for relevant area B—the adjusted Burdekin local government; and (c) for relevant area C—the adjusted Dalrymple local government; and (d) for relevant area D—the adjusted Dalrymple local government; and (e) for relevant area E—the adjusted Thuringowa local government; and (f) for relevant area F—the adjusted Hinchinbrook local government; “relevant affected local government” means—

9 Local Government (Burdekin, Dalrymple, Hinchinbrook, Thuringowa and Townsville) No. 495, 1993 (a) for relevant area A—the City of Thuringowa; and (b) for relevant area B—the City of Thuringowa; and (c) for relevant area C—the Shire of Burdekin; and (d) for relevant area D—the City of Thuringowa; and (e) for relevant area E—the Shire of Dalrymple; and (f) for relevant area F—the City of Townsville; “relevant area” means the area shown as area A, B, C, D, E or F on map no. LGR 3, held by the department; 1 “report” means the report of the Commissioner tabled in the Legislative Assembly on 30 November 1993 about the Commissioner’s review of the external boundaries of the Cities of Townsville and Thuringowa and parts of the External Boundaries of the Shires of Burdekin, Dalrymple and Hinchinbrook; 2 “salary” includes wage; “service” has the meaning given by section 26.1.4 of the report. ˙ Gazettal of changeover day 5. As soon as practicable after changeover day, the Minister must, by Gazette notice, advise the changeover day. 1 The map may be inspected at the offices of the Department of Housing, Local Government and Planning at 126 Margaret Street, Brisbane. A copy may also be inspected at the following places— (a) the public office of the Burdekin Shire Council at 145 Young Street, Ayr; (b) the public office of the Dalrymple Shire Council at 12–14 Mosman Street, Charters Towers; (c) the public office of the Hinchinbrook Shire Council at Lannercost Street, Ingham; (d) the public office of the Thuringowa City Council at 86 Thuringowa Drive, Thuringowa Central; (e) the public office of the Townsville City Council at 103 Walker Street, Townsville. 2 The Commissioner's report may be inspected at the office of the Department of Housing, Local Government and Planning at 126 Margaret Street, Brisbane.

10 Local Government (Burdekin, Dalrymple, Hinchinbrook, Thuringowa and Townsville) No. 495, 1993 ˙ References in new Act adopted 6. The references taking effect under section 771(1) (References to local government etc. for purposes of 1994 triennial elections) of the LocalGovernment Act 1993 also take effect for all purposes of this regulation. PART 2—IMPLEMENTATION OF REVIEWABLE LOCAL GOVERNMENT MATTERS Division 1—Shire of Burdekin ˙ Shire of Burdekin 7.(1) The external boundaries of the City of Thuringowa are changed by excluding relevant area B. (2) Relevant area B is included in the Shire of Burdekin. (3) Map no. LGB 25 edition 1, held by the department, shows the Shire of Burdekin with relevant area B included and relevant area C excluded. 3 ˙ Composition of Burdekin Shire Council 8. The local government for the Shire of Burdekin consists of a mayor and 11 other councillors. ˙ Adjusted Burdekin area not divided 9. The Shire of Burdekin is not divided into divisions. 3 The map may be inspected at the office of the Department of Housing, Local Government and Planning at 126 Margaret Street Brisbane, and a copy may be inspected at the public office of the Burdekin Shire Council at 145 Young Street, Ayr.

11 Local Government (Burdekin, Dalrymple, Hinchinbrook, Thuringowa and Townsville) No. 495, 1993 Division 2—Shire of Dalrymple ˙ Shire of Dalrymple 10.(1) The external boundaries of the Shire of Burdekin are changed by excluding relevant area C. (2) The external boundaries of the City of Thuringowa are changed by excluding relevant area D. (3) Relevant areas C and D are included in the Shire of Dalrymple. (4) Map no. LGB 43 edition 1 sheets 1 and 2, held by the department, shows the Shire of Dalrymple with relevant areas C and D included and relevant area E excluded. 4 ˙ Composition of Dalrymple Shire Council 11. The local government for the Shire of Dalrymple consists of a mayor and 8 other councillors. ˙ Division of adjusted Dalrymple area into — divisions 12.(1) The Shire of Dalrymple is divided into 4 divisions in accordance with map no. LGB 43 edition 1 sheets 1 and 2, held by the department. (2) The assignment of councillors to the divisions is as follows— • Division 1—4 councillors • Division 2—2 councillors • Division 3—1 councillor • Division 4—1 councillor. 4 The map may be inspected at the office of the Department of Housing, Local Government and Planning at 126 Margaret Street Brisbane, and a copy may be inspected at the public office of the Dalrymple Shire Council at 12-14 Mosman Street, Charters Towers.

12 Local Government (Burdekin, Dalrymple, Hinchinbrook, Thuringowa and Townsville) No. 495, 1993 Division 3—Shire of Hinchinbrook ˙ Shire of Hinchinbrook 13.(1) The external boundaries of the City of Townsville are changed by excluding relevant area F. (2) Relevant area F is included in the Shire of Hinchinbrook. (3) Map no. LGB 63 edition 1, held by the department, shows the Shire of Hinchinbrook with relevant area F included. 5 ˙ Composition of Hinchinbrook Shire Council 14. The local government for the Shire of Hinchinbrook consists of a mayor and 8 other councillors. ˙ Adjusted Hinchinbrook area not divided 15. The Shire of Hinchinbrook is not divided into divisions. Division 4—City of Thuringowa ˙ City of Thuringowa 16.(1) The external boundaries of the Shire of Dalrymple are changed by excluding relevant area E. (2) Relevant area E is included in the City of Thuringowa. (3) Map no. LGB 120 edition 1, held by the department, shows the City 5 The map may be inspected at the office of the Department of Housing, Local Government and Planning at 126 Margaret Street Brisbane, and a copy may be inspected at the public office of the Hinchinbrook Shire Council at Lannercost Street, Ingham.

13 Local Government (Burdekin, Dalrymple, Hinchinbrook, Thuringowa and Townsville) No. 495, 1993 of Thuringowa with relevant area E included and relevant areas A, B and D excluded. 6 ˙ Composition of Thuringowa City Council 17. The local government for the City of Thuringowa consists of a mayor and 10 other councillors. ˙ Division of adjusted Thuringowa area into 2 divisions 18.(1) The City of Thuringowa is divided into 2 divisions in accordance with map no. LGB 120 edition 1, held by the department. (2) The assignment of councillors to the divisions is as follows— • Division 1—3 councillors • Division 2—7 councillors. Division 5— City of Townsville ˙ City of Townsville 19.(1) The external boundaries of the City of Thuringowa are changed by excluding relevant area A. (2) Relevant area A is included in the City of Townsville. (3) Map no. LGB 124 edition 1 sheets 1 and 2, held by the department, shows the City of Townsville with relevant area A included and relevant area F excluded. 7 6 The map may be inspected at the office of the Department of Housing, Local Government and Planning at 126 Margaret Street Brisbane, and a copy may be inspected at the public office of the Thuringowa City Council at 86 Thuringowa Drive, Thuringowa Central. 7 The map may be inspected at the office of the Department of Housing, Local Government and Planning at 126 Margaret Street Brisbane, and a copy may be inspected at the public office of the Townsville City Council at 103 Walker Street, Townsville.

14 Local Government (Burdekin, Dalrymple, Hinchinbrook, Thuringowa and Townsville) No. 495, 1993 ˙ Composition of Townsville City Council 20. The local government for the City of Townsville consists of a mayor and 10 other councillors. ˙ Division of adjusted Townsville area into 10 divisions 21.(1) The City of Townsville is divided into 10 divisions in accordance with map no. LGB 124 edition 1 sheets 1 and 2, held by the department. (2) One councillor is assigned to each division. PART 3—PROVISIONS FOR FACILITATING IMPLEMENTATION OF REVIEWABLE LOCAL GOVERNMENT MATTERS Division 1—Fresh elections ˙ Cancellation of 1994 triennial elections 22. The 1994 triennial elections for each affected local government are cancelled. ˙ Direction for fresh elections for adjusted areas 23.(1) Fresh elections are to be held for the local government for each adjusted area. (2) The fresh elections must be held on the day on which the 1994 triennial elections are to be held. (3) The voters rolls for the elections close on— (a) 31 December 1993 for the adjusted Dalrymple area; and (b) 31 January 1994 for the other adjusted areas. (4) The persons elected as the mayor and other councillors at the fresh

15 Local Government (Burdekin, Dalrymple, Hinchinbrook, Thuringowa and Townsville) No. 495, 1993 elections for each local government are the mayor and other councillors of the local government for the adjusted area. ˙ Returning officers 24.(1) The chief executive officer of each affected local government is the returning officer for the fresh elections for the local government. (2) The returning officer must conduct the fresh elections. 8 ˙ Qualification for office of mayor or councillor 25. For the purposes of the qualifications of the mayor and other councillors— (a) a person who lives in the Shire of Burdekin (other than in relevant area C) or relevant area B is taken to live in the adjusted Burdekin area; and (b) a person who lives in the Shire of Dalrymple (other than in relevant area E) or relevant areas C or D is taken to live in the adjusted Dalrymple area; and (c) a person who lives in the Shire of Hinchinbrook or relevant area F is taken to live in the adjusted Hinchinbrook area; and (d) a person who lives in the City of Thuringowa (other than in relevant areas A, B or D) or relevant area E is taken to live in the adjusted Thuringowa area; and (e) a person who lives in the City of Townsville (other than in relevant area F) or relevant area A is taken to live in the adjusted Townsville area. 8 Section 765(2) of the Local Government Act 1993 provides as follows— “If the regulation directs that a fresh election be held for the implementation of a reviewable local government matter, the election must be held under Chapter 5 (Local government elections) with all necessary changes and any change prescribed by the regulation as if the election were a triennial election.”.

16 Local Government (Burdekin, Dalrymple, Hinchinbrook, Thuringowa and Townsville) No. 495, 1993 ˙ Term of office as councillor 26. The term of office of a person elected as the mayor or other councillor at the fresh elections— (a) begins on the changeover day; and (b) continues until the next triennial elections. 9 Division 2—Role of adjusted local government ˙ Adjusted local government to take over certain functions and powers 27.(1) This section applies if, under an Act— (a) a local government may perform a function or exercise a power; and (b) an affected local government started to perform the function or exercise the power for a relevant area before the changeover day, but did not finish performing the function or exercising the power. (2) The relevant adjusted local government for the relevant area may continue to perform the function or exercise the power. Example— If a person made an application about land in the relevant area A to Thuringowa City Council under an Act, Townsville City Council may deal with it. ˙ Application of affected local government’s local laws to adjusted area 28. To remove any doubt, the local laws that are in force immediately before the changeover day— (a) for the Shire of Burdekin, apply to the adjusted Burdekin area; and (b) for the Shire of Dalrymple, apply to the adjusted Dalrymple area; and 9 See section 175(3)(b) of the Local Government Act 1993 .

17 Local Government (Burdekin, Dalrymple, Hinchinbrook, Thuringowa and Townsville) No. 495, 1993 (c) for the Shire of Hinchinbrook, apply to the adjusted Hinchinbrook area; and (d) for the City of Thuringowa, apply to the adjusted Thuringowa area; and (e) for the City of Townsville, apply to the adjusted Townsville area. Division 3—Instruments ˙ Existing instruments to continue in force 29.(1) This section applies to an instrument, other than a local law, or an instrument made under the Planning Act, that— (a) was made by an affected local government under an Act or a local law before the changeover day about— (i) a resident in a relevant area; or (ii) an owner of land in a relevant area; or (iii) land in a relevant area; or (iv) a person’s entitlement to carry out an activity in a relevant area; and (b) is in force immediately before the changeover day. (2) For the purposes of the relevant adjusted local government dealing with an instrument made under a local law— (a) the local law under which the instrument was made is taken to be a local law of the relevant adjusted local government; and (b) the instrument is taken to have been made by the relevant adjusted local government under the local law and in force for the relevant area; and (c) the relevant adjusted local government is responsible for administering the local law in order to deal with the instrument; and (d) the instrument continues in force until it would have otherwise ended under the local law.

18 Local Government (Burdekin, Dalrymple, Hinchinbrook, Thuringowa and Townsville) No. 495, 1993 (3) For the purposes of the relevant adjusted local government dealing with an instrument made under an Act, the instrument is taken to have been properly made under the Act by the relevant adjusted local government. Division 4—Financial matters ˙ Vesting of assets and liabilities 30.(1) Each adjusted local government must jointly consider the assets and liabilities of each adjusted local government that are to become the assets and liabilities of the other local government. (2) If the 5 adjusted local governments reach agreement, they must prepare, and give to the Minister, a schedule identifying the assets and liabilities. (3) If the 5 adjusted local governments do not reach agreement within 6 months after the changeover day, the Minister may identify the assets and liabilities. (4) The Minister must prepare and publish a Gazette notice setting out— (a) each identified asset and liability; and (b) the adjusted local government that is the receiving local government for the identified asset and liability. (5) An asset or liability identified in a Gazette notice under this section becomes an asset or liability of the adjusted local government set out in the Gazette notice as the receiving local government for the asset or liability. (6) Subsection (5) takes effect for an asset or liability— (a) on the day the notice is published in the Gazette; or (b) on a later day specified in the notice. ˙ Adjusted local government may levy rates made or imposed by affected local government 31.(1) This section applies if, immediately before the changeover day, the relevant affected local government—

19 Local Government (Burdekin, Dalrymple, Hinchinbrook, Thuringowa and Townsville) No. 495, 1993 (a) had made or imposed a rate for land in a relevant area; but (b) had not given a notice levying the rate on a person or otherwise demanded payment of the rate. (2) The relevant adjusted local government may give the person a notice levying the rate, or may otherwise demand payment of the rate, in the same way that the relevant affected local government could have given the notice or demanded payment. (3) The relevant adjusted local government is taken to have made or imposed the rate. ˙ Recovery of unpaid rates 32.(1) This section applies if— (a) before the changeover day the relevant affected local government had made and levied, or imposed and levied, a rate about land in a relevant area on a person; and (b) immediately before the changeover day the rate had not been paid. (2) If the time for payment of the rate had not ended before the changeover day— (a) the time continues to run; and (b) the amount of the rate is payable by the person to the relevant adjusted local government. (3) If the time for payment of the rate had ended before the changeover day, the rate (together with any interest accruing on the rate) becomes payable by the person to the relevant adjusted local government. (4) The relevant adjusted local government— (a) is taken to have made and levied, or imposed and levied, the rate; and (b) may receive payment of, or recover, the amount of the rate.

20 Local Government (Burdekin, Dalrymple, Hinchinbrook, Thuringowa and Townsville) No. 495, 1993 Division 5—Planning schemes and related matters ˙ Existing planning schemes continue 33.(1) In this section— “approved” means approved under the Planning Act; “relevant area” includes a part of a relevant area. (2) An existing planning scheme for a relevant area— (a) continues to apply to the relevant area until— (i) the relevant adjusted local government amends its planning scheme to include the relevant area; or (ii) a new planning scheme for the area of the relevant adjusted local government is approved; and (b) is to be implemented, administered and enforced by the relevant adjusted local government so far as it relates to the relevant area; and (c) for the purpose of paragraph (b), is taken to be part of the planning scheme for the area of the relevant adjusted local government; and (d) binds the relevant adjusted local government. (3) An instrument in force under an existing planning scheme, immediately before the changeover day, continues in force until whichever of the following first happens— (a) it expires or is repealed under the existing planning scheme; (b) the scheme is replaced in whole or relevant part. ˙ Decisions of affected local government taken to be decisions of adjusted local government 34.(1) This section applies to a decision made by the relevant affected local government before the changeover day under an existing planning scheme for land in a relevant area.

21 Local Government (Burdekin, Dalrymple, Hinchinbrook, Thuringowa and Townsville) No. 495, 1993 (2) The decision continues to apply to the land and for that purpose is taken to have been made by the relevant adjusted local government. ˙ Outstanding applications 35.(1) This section applies to an application that— (a) was made before the changeover day to the relevant affected local government, under an Act or an existing planning scheme, in relation to land in a relevant area; and (b) had not been finally decided before the changeover day. (2) As soon as practicable after the changeover day, the relevant affected local government must pay the fees received by it for the application to the relevant adjusted local government. (3) The relevant adjusted local government must deal with the application. (4) If, before the changeover day, the relevant affected local government had started to investigate the application, it is sufficient compliance with subsection (2) if, as soon as practicable after changeover day, it gives the relevant adjusted local government— (a) the results of its investigation of the application; and (b) the fees received by it, less a reasonable amount for the costs of its investigation of the application. ˙ Appeals 36.(1) This section applies to an appeal that— (a) was started before the changeover day against a decision of the relevant affected local government made under an existing planning scheme for a relevant area; and (b) had not been completed before the changeover day. (2) The relevant adjusted local government takes the place of the relevant affected local government in the appeal.

22 Local Government (Burdekin, Dalrymple, Hinchinbrook, Thuringowa and Townsville) No. 495, 1993 Division 6—Staff ˙ Meaning of “continuing officer” in Division 37. In this Division— “continuing officer” means a person who— (a) immediately before the changeover day, was an officer of an affected local government; and (b) has since changeover day continued as an officer of an adjusted local government. ˙ Officer may only be dismissed for misconduct or neglect 38.(1) An affected local government may dismiss an officer only for misconduct or neglect. (2) If the local government purports to dismiss an officer other than for misconduct or neglect, the officer— (a) is not dismissed; and (b) is an officer of the local government immediately before the changeover day. (3) This section expires at the beginning of the changeover day. ˙ Rationalisation of staff because of the change 39.(1) In this section— “rationalisation action” means— (a) an appointment of a continuing officer; or (b) the declaration of a continuing officer or a continuing officer’s position is redundant; or (c) a redeployment of a continuing officer; or (d) a retrenchment of a continuing officer. (2) If, within 2 years after the changeover day, an adjusted local

23 Local Government (Burdekin, Dalrymple, Hinchinbrook, Thuringowa and Townsville) No. 495, 1993 government starts to take a rationalisation action because of the inclusion or exclusion of a relevant area on changeover day, the adjusted local government must comply with the process set out in this Division and, subject to this Division, the Guidelines and Parameters for the Rationalisation of Staff as set out in section 26.1 of the report. ˙ Process for retrenchment of continuing officer 40.(1) For the purposes of section 39 (Rationalisation of staff because of change), the process to be used in retrenching a continuing officer is set out in this section. (2) The adjusted local government must— (a) try to redeploy or appoint the officer to a suitable position; or (b) decide, by resolution, that redeployment of the officer, or appointment of the officer to another position, is not practicable. (3) After the adjusted local government has complied with subsection (2), it must give a written offer of voluntary early retirement to the officer. (4) The adjusted local government may retrench the officer if the offer of voluntary early retirement— (a) is rejected, by notice signed by the officer; or (b) is not accepted, by notice signed by the officer, within 2 months after the offer is given to the officer. ˙ Additional requirements for Thuringowa officers 41.(1) Before giving a written offer of voluntary early retirement to a continuing officer under section 40(3) (Process for retrenchment of continuing officer), the adjusted Thuringowa local government must try to arrange with the adjusted Burdekin and Townsville local governments for either of the local governments to make an offer of employment to the officer on conditions that are no less favourable to the officer than the conditions under which the officer is then currently employed. (2) If the officer is offered a position by the adjusted Burdekin or

24 Local Government (Burdekin, Dalrymple, Hinchinbrook, Thuringowa and Townsville) No. 495, 1993 Townsville local government of the kind mentioned in subsection (1) and the officer does not accept the offer within the time allowed by the adjusted Burdekin or Townsville local government, the adjusted Thuringowa local government may retrench the officer without giving a written offer of voluntary early retirement under section 40(3). (3) An officer who may be retrenched under subsection (2) is not entitled to be paid amounts under section 43 (Payments to continuing officers who are retrenched or voluntarily retire). ˙ Salary maintenance 42.(1) This section applies if— (a) a continuing officer is redeployed, in accordance with this Division to a position in an adjusted local government (the “new position” ); and (b) the salary for the new position is less than the salary to which the officer was entitled for the permanent position the officer held, immediately before the changeover day (the “former position” ). (2) The officer must be paid an allowance that is enough to maintain the officer’s salary at the salary applying to the former position. (3) The allowance continues under subsection (2) until whichever of the following first happens— (a) the person stops being an officer of the adjusted local government; (b) the person is appointed to a position in the adjusted local government and the salary for the position is equal to, or more than, the salary for the former position; (c) the end of 1 year after the officer’s appointment to the new position. ˙ Payments to continuing officers who are retrenched or voluntarily retire 43.(1) This section applies to a continuing officer who is retrenched or

25 Local Government (Burdekin, Dalrymple, Hinchinbrook, Thuringowa and Townsville) No. 495, 1993 voluntarily retires in accordance with this Division. (2) The officer is entitled to a payment equal to the officer’s salary for 2 weeks for each year of service and a proportionate amount for an incomplete year of service. (3) However, the officer— (a) must receive an amount equal to the officer’s salary for 4 weeks; but (b) must not receive an amount more than the officer’s salary for 52 weeks. (4) If the officer accepts an offer to voluntarily retire within 2 weeks of the offer being made, the officer is also entitled to a further payment equal to the officer’s salary for 13 weeks. (5) An entitlement to a payment under this section is in addition to any other entitlement to payment under this regulation or otherwise, but is instead of the severance entitlements mentioned in section 26.1.13 of the report. Division 7—General ˙ Valuation of lands 44.(1) In this section— “valuation” of land means the unimproved value of the land under the Valuation of Land Act 1944 . (2) The valuation of land in a relevant area at 1 July 1993 continues to be the valuation of the land until a further valuation applies to the land. (3) Subsection (2) applies subject to an objection or appeal under the Valuation of Land Act 1944 about the valuation, but the objection or appeal may not be based on the fact that the land is no longer in the same area as it was at the time of the valuation.

26 Local Government (Burdekin, Dalrymple, Hinchinbrook, Thuringowa and Townsville) No. 495, 1993 ˙ Roads and bridges 45. To remove any doubt, the materials of all roads and bridges in a relevant area belong to the relevant adjusted local government. ˙ Reference in documents to affected local government 46. In a document concerning a relevant area (including, for example, a contract to which an affected local government was a party), a reference to an affected local government may, as appropriate, be taken to be a reference to the relevant adjusted local government. ˙ Record of vesting of property 47. On the written request of the chief executive officer of an adjusted local government about an asset or liability vested in the adjusted local government under section 30 (Vesting of assets and liabilities), a person responsible for keeping a register about dealings with property must make all endorsements necessary to record the vesting. ˙ Pending legal proceedings 48.(1) This section applies to a legal proceeding by or against an affected local government that— (a) is not finished before the changeover day; and (b) is identified by the Minister by Gazette notice. (2) The legal proceeding may be continued and finished by or against the adjusted local government specified by the Minister in the Gazette notice for the legal proceeding. ˙ Duty to facilitate changes in boundaries 49.(1) The adjusted local governments must do all acts and things necessary or desirable to facilitate the external boundaries changes. (2) Without limiting subsection (1), each adjusted local government must

27 Local Government (Burdekin, Dalrymple, Hinchinbrook, Thuringowa and Townsville) No. 495, 1993 give any other adjusted local government the records that are necessary to enable compliance with this regulation. PART 4—JOINT ARRANGEMENTS Division 1—Joint Transitional Committee ˙ Committee 50.(1) In order to facilitate the external boundaries changes, a Joint Transitional Committee is established. (2) The Committee consists of 2 councillors from each of the affected local governments. (3) The Committee’s functions are— (a) to identify the assets and liabilities that might be vested in an adjusted local government after changeover day; and (b) to consider the joint arrangements that might be achieved by the adjusted local governments after changeover day; and (c) to identify the employees referred to in section 26.6(b) and (c) of the report; and (d) to make recommendations about other matters that the Committee considers appropriate. (4) The Committee may conduct its meetings in the way it considers appropriate. (5) Committee meetings are to be held at the times and places the Committee decides. (6) Five members, of whom 1 must be the chairperson, form a quorum. (7) The Committee ends on the changeover day.

28 Local Government (Burdekin, Dalrymple, Hinchinbrook, Thuringowa and Townsville) No. 495, 1993 ˙ Townsville to choose chairperson 51. The chairperson of the Committee is to be 1 of the councillors representing Townsville City Council, chosen by Townsville City Council. ˙ Voting powers of chairperson and of Committee members generally 52.(1) The chairperson of the Committee has— (a) a deliberative vote and casting vote in all Committee decisions directly affecting the adjusted Townsville local government; and (b) a casting vote in all other Committee decisions. (2) Subject to subsection (1), a Committee member may vote only in decisions directly affecting the adjusted local government that will succeed the City or Shire the member represents. Division 2—Decision-making by Committee ˙ Definitions 53. In this Division— “chief executive officer” means the chief executive officer of Townsville City Council; “decision” of the Committee means a resolution of the Committee to identify an employee for the purposes of section 50(3)(c) (Committee). ˙ Decisions to be notified 54. After making a decision, the Committee must immediately give written notice to the chief executive officer of the local government of— (a) the City of Thuringowa; and (b) if directly affected by the decision—the Shire of Burdekin; and (c) if directly affected by the decision—the City of Townsville.

29 Local Government (Burdekin, Dalrymple, Hinchinbrook, Thuringowa and Townsville) No. 495, 1993 ˙ Local governments may oppose decisions 55.(1) Within 7 days after the Committee makes a decision, a local government notified under section 54 (Decisions to be notified) may give written notice to the chief executive officer that it opposes the decision and its reasons. (2) The chief executive officer must immediately give written notice to the Minister. ˙ Adjudication by Minister 56.(1) If the Minister is notified under section 55 (Local governments may oppose decisions) that a local government opposes a decision, the Minister must confirm or revoke the decision. (2) The Minister must give written notice of the decision to the chief executive officer of the local government of— (a) the City of Thuringowa; and (b) if directly affected by the decision—the Shire of Burdekin; and (c) if directly affected by the decision—the City of Townsville. ˙ Effect of decisions 57. An employee of Thuringowa City Council who is identified in a decision is, unless the decision is revoked by the Minister, entitled to receive from, according to the decision, the Burdekin Shire Council or the Townsville City Council, an offer to be employed by it— (a) on and from the changeover day; and (b) on the basis that the employee will remain entitled to all existing and accruing rights of employment applying to the employee immediately before changeover day.

30 Local Government (Burdekin, Dalrymple, Hinchinbrook, Thuringowa and Townsville) No. 495, 1993 Division 3—Joint arrangements after changeover day ˙ Report about joint arrangements 58.(1) In this section— “joint arrangements” means the joint arrangements recommended by the Commissioner in the report. (2) The adjusted local governments must report to the Minister about achieving joint arrangements between the adjusted local governments within 6 months after the changeover day. (3) If the adjusted local governments cannot agree on a joint report, each local government must report separately to the Minister. (4) A report must have regard to the matters mentioned in the report about joint arrangements. ENDNOTES 1. Made by the Governor in Council on 16 December 1993. 2. Notified in the Gazette on 17 December 1993. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Housing, Local Government and Planning. The State of Queensland 1993