Local Government (Cairns, Douglas, Mareeba and Mulgrave) Regulation 1994 (Qld)

Queensland Subordinate Legislation 1994 No. 480 Local Government Act 1993 LOCAL GOVERNMENT (CAIRNS, DOUGLAS, MAREEBA AND MULGRAVE) REGULATION 1994 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3 Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PART 2—IMPLEMENTATION OF REVIEWABLE LOCAL GOVERNMENT MATTERS 5 City of Cairns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 6 Shire of Douglas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 7 Shire of Mareeba . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 8 Composition of Cairns City Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 9 City of Cairns to have 12 divisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 PART 3—ELECTION OF FIRST COUNCIL 10 Fresh elections for new area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 11 Timetable for fresh elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 12 Appointment and role of returning officers . . . . . . . . . . . . . . . . . . . . . . . . . . 10 13 Minister may give directions about fresh elections . . . . . . . . . . . . . . . . . . . 10 14 Qualification for office of councillor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 15 Cost of fresh elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

2 Local Government (Cairns, Douglas, Mareeba No. 480, 1994 and Mulgrave) 16 Councillors of new local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 17 Gazettal of changeover day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 18 Cancellation of 1997 triennial elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 19 Term of office as councillor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 PART 4—GENERAL PROVISIONS TO IMPLEMENT REVIEWABLE LOCAL GOVERNMENT MATTERS Division 1—Role of new local government 20 New local government as successor of merging local governments . . . . . . 12 21 New local government to take over existing functions and powers . . . . . . . 12 22 Delegations by merging local government . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Division 2—Local laws and other instruments 23 Local laws for the new area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 24 Application of continuing local laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 25 Model local law for meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 26 Existing instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Division 3—Financial matters 27 Vesting of assets and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 28 New local government may levy rates made or imposed by merging or affected local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 29 Recovery of unpaid rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 30 Application of budgets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 31 Application of earlier remuneration resolution . . . . . . . . . . . . . . . . . . . . . . . 17 Division 4—Planning schemes and related matters 32 Continuing planning schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 33 New local government responsible for continuing planning schemes . . . . . 18 Division 5—Abolition of Cairns—Mulgrave Water Supply Board 34 Abolition of Water Supply Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 35 Vesting of Water Supply Board’s assets and liabilities . . . . . . . . . . . . . . . . 19 36 Documents of Water Supply Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 37 References in documents to Water Supply Board . . . . . . . . . . . . . . . . . . . . 19 38 Pending legal proceedings by or against Water Supply Board . . . . . . . . . . 19

3 Local Government (Cairns, Douglas, Mareeba No. 480, 1994 and Mulgrave) Division 6—Interim chief executive officer 39 Appointment of interim chief executive officer . . . . . . . . . . . . . . . . . . . . . . 19 40 Role of interim chief executive officer before changeover day . . . . . . . . . . 20 41 Expenses over $10 000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 42 Organisational structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 43 Role of interim chief executive officer after the changeover day . . . . . . . . 21 44 Costs incurred by interim chief executive officer . . . . . . . . . . . . . . . . . . . . . 21 Division 7—Transitional Committee 45 Transitional Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 46 Chairperson of Transitional Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 47 Voting powers of chairperson of Transitional Committee . . . . . . . . . . . . . . 23 48 Subcommittees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Division 8—Decision-making by Transitional Committee 49 Meaning of “decision” in Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 50 Decisions to be notified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 51 Merging local governments may oppose decisions . . . . . . . . . . . . . . . . . . . . 23 52 Adjudication by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 53 Interim chief executive officer to comply with directions . . . . . . . . . . . . . . 24 Division 9—Employees 54 Meaning of “continuing employee” in Division . . . . . . . . . . . . . . . . . . . . . . 24 55 Existing employee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 56 Officer may only be dismissed for misconduct or neglect . . . . . . . . . . . . . . 25 57 Rationalisation of employees because of change . . . . . . . . . . . . . . . . . . . . . 26 58 Process for retrenchment of continuing employee . . . . . . . . . . . . . . . . . . . . 26 59 Salary maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 60 Payments to continuing employee who is retrenched or voluntarily retires . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 PART 5—GENERAL 61 Valuation of lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 62 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 63 Facilitating changes in boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 64 Reference in documents to merging and affected local governments . . . . . 28

4 Local Government (Cairns, Douglas, Mareeba No. 480, 1994 and Mulgrave) 65 Pending legal proceedings—merging local governments . . . . . . . . . . . . . . . 29 66 Pending legal proceedings—affected local governments . . . . . . . . . . . . . . . 29 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 30 LOCAL LAWS NOT APPLYING TO NEW AREA LOCAL LAWS OF THE CITY OF CAIRNS . . . . . . . . . . . . . . . . . . . . . . . . 30 LOCAL LAWS OF THE SHIRE OF DOUGLAS . . . . . . . . . . . . . . . . . . . . . 30 LOCAL LAWS OF THE SHIRE OF MAREEBA . . . . . . . . . . . . . . . . . . . . 31 LOCAL LAWS OF THE SHIRE OF MULGRAVE . . . . . . . . . . . . . . . . . . . 31

s1 5 s3 Local Government (Cairns, Douglas, Mareeba No. 480, 1994 and Mulgrave) PART 1—PRELIMINARY ˙ Short title 1. This regulation may be cited as the Local Government (Cairns, Douglas, Mareeba and Mulgrave) Regulation 1994 . ˙ Commencement 2.(1) The following provisions commence on the notification of this regulation in the Gazette— • Part 1 (Preliminary) • Part 3 (Election of first council) • Part 4 (General provisions to implement reviewable local government matters) • Division 6 (Interim chief executive officer) • Division 7 (Transitional Committee) • Division 8 (Decision-making by Transitional Committee) • Division 9 (Employees) • section 56 (Officer may only be dismissed for misconduct or neglect). (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 involving—

s4 6 s4 Local Government (Cairns, Douglas, Mareeba No. 480, 1994 and Mulgrave) (a) abolishing the areas of the City of Cairns and Shire of Mulgrave; and (b) creating a new area named the City of Cairns consisting of— (i) the abolished City of Cairns; and (ii) the abolished Shire of Mulgrave; and (c) changing the external boundaries of the Shire of Douglas by excluding area A and including it in the new City of Cairns; and (d) changing the external boundaries of the Shire of Mareeba by excluding area B and including it in the new City of Cairns. ˙ Definitions 4. In this regulation— “affected local government” means the Douglas or Mareeba Shire Council. “area A” means the part of the existing Shire of Douglas shown as area A on map no. LGR 4, held by the department. 1 “area B” means the part of the existing Shire of Mareeba shown as area B on map no. LGR 4, held by the department. “budget” of a merging local government means the budget adopted by the merging local government for the 1994/95 financial year. “changeover day” means the day the last declaration notice for the fresh elections for the new area is published in a newspaper. “continuing local law” means a local law continued in force under section 23. “continuing planning scheme” means a planning scheme mentioned in section 32(1). 1 A map or plan mentioned in this regulation may be inspected at the head office of the Department of Housing, Local Government and Planning and a copy at the public offices of the relevant Councils.

s4 7 s4 Local Government (Cairns, Douglas, Mareeba No. 480, 1994 and Mulgrave) “declaration notice” means a notice under section 316 of the Act. 2 “dismissal” of an employee includes terminating the employee’s employment. “employee” of a merging local government means a person who, immediately before the changeover day, is employed by the merging local government in any capacity. “existing” means existing immediately before the changeover day. “interim chief executive officer” means the person appointed under section 39. “merging local government” means— (a) before the changeover day—the existing Cairns City Council or Mulgrave Shire Council; or (b) from the changeover day—the abolished Cairns City Council or Mulgrave Shire Council. “new area” means— (a) before the changeover day— (i) the existing area of the City of Cairns; and (ii) the existing area of the Shire of Mulgrave; and (iii) areas A and B; or (b) from the changeover day— (i) the abolished area of the City of Cairns; and (ii) the abolished area of the Shire of Mulgrave; and (iii) areas A and B. “new local government” means the local government for the new area from the changeover day. “Planning Act” means the LocalGovernment(PlanningandEnvironment) Act 1990 . “planning scheme” includes town planning by-laws and subdivision of 2 Section 316 (Declaration of poll).

s5 8 s5 Local Government (Cairns, Douglas, Mareeba No. 480, 1994 and Mulgrave) land by-laws continued in force under section 8.10 (Savings and transitional) of the Planning Act. “remuneration resolution” means a resolution of the type mentioned in section 185(1) of the Act. 3 “report” means the report of the Commissioner tabled in the Legislative Assembly on 23 November 1994 about the Commissioner’s review of the external boundaries of the City of Cairns and the Shire of Mulgrave and part of the external boundaries of the Shires of Douglas, Mareeba, Atherton, Eacham and Johnstone. 4 “salary” includes wage. “service” of an employee has the meaning given by section 7 of Attachment M of the report. “Transitional Committee” means the committee established under section 45. “Water Supply Board” means the Cairns–Mulgrave Water Supply Board. PART 2—IMPLEMENTATION OF REVIEWABLE LOCAL GOVERNMENT MATTERS ˙ City of Cairns 5.(1) The existing areas of the City of Cairns and the Shire of Mulgrave are abolished. 5 3 Section 185 (Remuneration for service on local government and advisory committees). 4 The Commissioner’s report may be inspected at the offices mentioned in footnote 1. 5 The boundaries of these areas are shown on plans bearing catalogue nos. SC 255 and LGB 93 edition 1 respectively.

s6 9 s9 Local Government (Cairns, Douglas, Mareeba No. 480, 1994 and Mulgrave) (2) A new local government area is created from the abolished areas. (3) The external boundaries of the new area are changed by including areas A and B. (4) The new area is a City. (5) The name of the new area with the external boundaries as changed is Cairns. (6) The area shown delineated on map no. LGB 28 edition 1, held by the department, is the City of Cairns. ˙ Shire of Douglas 6.(1) The external boundaries of the Shire of Douglas are changed by excluding area A. (2) Map no. LGB 45 edition 1, held by the department, shows the Shire of Douglas with area A excluded. ˙ Shire of Mareeba 7.(1) The external boundaries of the Shire of Mareeba are changed by excluding area B. (2) Map no. LGB 81 edition 1, held by the department, shows the Shire of Mareeba with area B excluded. ˙ Composition of Cairns City Council 8. The local government for the City of Cairns consists of a mayor and 12 other councillors. ˙ City of Cairns to have 12 divisions 9.(1) The City of Cairns is divided into the 12 divisions shown in map no. LGB 28 edition 1, held by the department. (2) One councillor is assigned to each division.

s 10 10 s 13 Local Government (Cairns, Douglas, Mareeba No. 480, 1994 and Mulgrave) PART 3—ELECTION OF FIRST COUNCIL ˙ Fresh elections for new area 10. Fresh elections are to be held for a local government for the new area. ˙ Timetable for fresh elections 11.(1) For holding the fresh elections— (a) the notice under section 248 of the Act6 must be published no later than 3 February 1995; and (b) the voters roll for the election must be compiled to 14 February 1995; and (c) the nomination day is 17 February 1995. (2) The fresh elections must be held on 11 March 1995. ˙ Appointment and role of returning officers 12.(1) The Minister must appoint a returning officer and assistant returning officer for the fresh elections. (2) As soon as practicable after making an appointment, the Minister must, by Gazette notice, advise the appointment. (3) The returning officer must conduct the fresh elections. (4) If, for any reason, the returning officer cannot perform the functions of office, the assistant returning officer must act as the returning officer. ˙ Minister may give directions about fresh elections 13. The Minister may give written directions to the returning officer about the fresh elections, including, for example, matters about which a local government may instruct a returning officer. 6 Section 248 (Calling for nominations).

s 14 11 s 17 Local Government (Cairns, Douglas, Mareeba No. 480, 1994 and Mulgrave) Example — An instruction about the printing of the ballot paper for the mayor and the ballot papers for the councillors for each division. ˙ Qualification for office of councillor 14. For section 169(1) of the Act7 , a person who lives in any of the following areas is taken to live in the new area— (a) the area of the City of Cairns; or (b) the area of the Shire of Mulgrave; or (c) area A or B. ˙ Cost of fresh elections 15.(1) The Mulgrave Shire Council must pay for the cost of conducting the fresh elections. (2) An amount required for the cost may be spent— (a) without a resolution of the Mulgrave Shire Council; and (b) whether or not the disbursement is provided for in the budget of the Mulgrave Shire Council. (3) An amount may be paid only if the returning officer has given an account to the chief executive officer of the Mulgrave Shire Council. ˙ Councillors of new local government 16. The persons elected as the mayor and other councillors at the elections are the mayor and other councillors of the new local government. ˙ Gazettal of changeover day 17. As soon as practicable after changeover day, the Minister must, by Gazette notice, advise the changeover day. 7 Section 169 (General qualifications for membership).

s 18 12 s 21 Local Government (Cairns, Douglas, Mareeba No. 480, 1994 and Mulgrave) ˙ Cancellation of 1997 triennial elections 18. The 1997 triennial elections for the new local government are cancelled. ˙ Term of office as councillor 19. The term of office of a person elected as councillor at the fresh elections begins on the changeover day and ends at the conclusion of the 2000 triennial elections. 8 PART 4—GENERAL PROVISIONS TO IMPLEMENT REVIEWABLE LOCAL GOVERNMENT MATTERS Division 1—Role of new local government ˙ New local government as successor of merging local governments 20.(1) The new local government is the successor of the merging local governments. (2) The other provisions of this Part do not limit subsection (1). (3) However, subsection (1) applies subject to the provisions of this regulation about areas A and B. ˙ New local government to take over existing functions and powers 21.(1) This section applies if, under an Act— (a) a local government may perform a function or exercise a power; and (b) a merging or affected local government started to perform the function or exercise the power for the new area before the 8 See section 355 of the Act (Extension of term of councillors).

s 22 13 s 24 Local Government (Cairns, Douglas, Mareeba No. 480, 1994 and Mulgrave) changeover day but did not finish performing the function or exercising the power. (2) The new local government may continue to perform the function or exercise the power. Example 1— If, under the Planning Act, a merging local government started the procedures to prepare a new planning scheme, the new local government may finish the procedures. Example 2— If a person made an application to an affected local government under an Act, the new local government may deal with it. ˙ Delegations by merging local government 22. If a merging local government had, before the changeover day, delegated the exercise of a power to a person who is an employee of the new local government, the new local government is taken to have delegated the power to the person. Division 2—Local laws and other instruments ˙ Local laws for the new area 23.(1) A local law of a merging or affected local government in force immediately before the changeover day continues in force as a local law of the new local government until 25 March 1997 unless it expires under the local law on an earlier day. (2) However, a local law mentioned in the Schedule is not a local law of the new local government. ˙ Application of continuing local laws 24.(1) A continuing local law continues in force only for the part of the new area it applied to immediately before the changeover day. (2) The new local government may, by local law, apply a continuing

s 25 14 s 26 Local Government (Cairns, Douglas, Mareeba No. 480, 1994 and Mulgrave) local law to the entire new area, with or without changes. (3) A continuing local law is to be read with the changes necessary to make it consistent with, and adapt its operation to, this regulation. ˙ Model local law for meetings 25.(1) In this section— “model local law for meetings” means Model Local Law No. 5 (Meetings) set out in Local Government (Model Local Law) Notice (No.1) 1994 published in the Gazette on 5 August 1994 at page 1579–90. (2) The new local government is taken to have made, and given notice of, the model local law for meetings as a local law. (3) As soon as practicable after the changeover day, the interim chief executive officer must certify and give to the Minister 5 copies of the model local law for meetings taken to have been made by the new local government. ˙ Existing instruments 26.(1) This section applies to an instrument (other than a local law or an instrument made under the Planning Act)— (a) made by a merging or affected local government under an Act or a local law before the changeover day about— (i) a resident in the new area; or (ii) an owner of land in the new area; or (iii) land in the new area; or (iv) a person’s entitlement to carry out an activity in the new area; and (b) in force immediately before the changeover day. (2) The instrument continues in force until it would have otherwise ended under the Act or the local law. (3) However, subsection (2) does not stop the new local government

s 27 15 s 27 Local Government (Cairns, Douglas, Mareeba No. 480, 1994 and Mulgrave) from amending or repealing the instrument under the Act or a local law (whether a continuing local law or a local law made by the new local government). (4) If the instrument authorised a person to perform an activity, it is taken to authorise the activity for the part of the new area it applied to immediately before the changeover day and not the entire new area. (5) For this section, an instrument made under, or for the purposes of, a local government’s resolution made under an Act or local law is taken to be an instrument made by the local government under the Act or law. Division 3—Financial matters ˙ Vesting of assets and liabilities 27.(1) All assets and liabilities of each merging local government become assets and liabilities of the new local government. (2) The new local government and the affected local governments must jointly consider the assets and liabilities of the affected local governments that are to become the assets and liabilities of the new local government. (3) If the local governments reach agreement, they must prepare, and give to the Minister, a schedule identifying the assets and liabilities. (4) If the local governments do not reach agreement within 6 months after the changeover day, the Minister may identify the assets and liabilities. (5) The Minister must prepare and publish Gazette notices stating the identified assets and liabilities. (6) An asset or liability of an affected local government stated in the Gazette notice becomes an asset or liability of the new local government. (7) Subsection (6) takes effect for an asset or liability— (a) on the day the notice is gazetted; or (b) on a later day stated in the notice.

s 28 16 s 29 Local Government (Cairns, Douglas, Mareeba No. 480, 1994 and Mulgrave) ˙ New local government may levy rates made or imposed by merging or affected local government 28.(1) This section applies if, immediately before the changeover day, a merging or affected local government— (a) had made or imposed a rate for land in the new area; but (b) had not given a notice levying the rate on a person or otherwise demanded payment of the rate. (2) The new local government may give the person a notice levying the rate, or may otherwise demand payment of the rate, in the way the merging or affected local government could have given the notice or demanded payment. (3) The new local government is taken to have made or imposed the rate. ˙ Recovery of unpaid rates 29.(1) This section applies if— (a) before the changeover day, a merging or affected local government had made and levied, or imposed and levied, a rate about land in the new 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 as if this regulation had not been made; and (b) the amount of the rate is payable by the person to the new local government. (3) If the time for payment of the rate had ended before the changeover day, the rate becomes payable by the person to the new local government. (4) The new local government— (a) is taken to have made and levied, or imposed and levied, the rate;

s 30 17 s 31 Local Government (Cairns, Douglas, Mareeba No. 480, 1994 and Mulgrave) and (b) may receive payment of, or recover, the amount of the rate. ˙ Application of budgets 30.(1) The new local government is taken to have adopted the budget of each merging local government. (2) The new local government may disburse an amount for a matter in relation to the new area only if— (a) the amount for the matter is provided for in the budget of the relevant merging local government; or (b) the new local government resolves that the disbursement is necessary because of a genuine emergency or hardship (including a disbursement arising because of the creation of the new area). (3) However, subsection (2) does not stop the new local government from disbursing an amount for a matter in relation to area A or B. (4) Subsection (2) is subject to sections 15 and 44. 9 ˙ Application of earlier remuneration resolution 31. The remuneration resolution decided by the Joint Transitional Committee to apply to the new local government or, failing a decision, Mulgrave Shire Council’s remuneration resolution in force immediately before the changeover day, continues in force as a resolution of the new local government until— (a) 6 months after the changeover day; or (b) the new local government passes a remuneration resolution. 9 Sections 15 and 44 are about the cost of fresh elections and costs incurred by the interim chief executive officer.

s 32 18 s 34 Local Government (Cairns, Douglas, Mareeba No. 480, 1994 and Mulgrave) Division 4—Planning schemes and related matters ˙ Continuing planning schemes 32.(1) This section applies to a planning scheme of a merging or affected local government in force for land in the new area immediately before the changeover day. (2) The planning scheme continues in force as a planning scheme of the new local government until it is replaced (in whole or part) under the Planning Act. (3) The new local government may, under the Planning Act, amend the continuing planning scheme while it continues in force under subsection (2). (4) An instrument in force under the continuing planning scheme immediately before the changeover day continues in force until— (a) it expires or is repealed under the continuing planning scheme; or (b) the scheme is replaced in whole or relevant part. Examples of continuing instruments— Applications, approvals and consents. (5) For this section, an instrument made under, or for the purposes of, a local government’s resolution made under a planning scheme is taken to be an instrument under the planning scheme. ˙ New local government responsible for continuing planning schemes 33. The new local government must implement, administer and enforce, and is bound by, each continuing planning scheme under the Planning Act. Division 5—Abolition of Cairns—Mulgrave Water Supply Board ˙ Abolition of Water Supply Board 34.(1) The Water Supply Board is abolished.

s 35 19 s 39 Local Government (Cairns, Douglas, Mareeba No. 480, 1994 and Mulgrave) (2) The order in council establishing the Water Supply Board, published in the Gazette on 20 June 1946 at page 242, is repealed. ˙ Vesting of Water Supply Board’s assets and liabilities 35. All assets and liabilities of the Water Supply Board become the assets and liabilities of the new local government. ˙ Documents of Water Supply Board 36. The documents of the Water Supply Board become the documents of the new local government. ˙ References in documents to Water Supply Board 37. In all documents (including, for example, a contract to which the Water Supply Board was a party), a reference to the Water Supply Board is a reference to the new local government. ˙ Pending legal proceedings by or against Water Supply Board 38. A legal proceeding by or against the Water Supply Board that is not finished before the changeover day may be continued and finished by or against the new local government. Division 6—Interim chief executive officer ˙ Appointment of interim chief executive officer 39.(1) The Minister must appoint a person to be the interim chief executive officer for the new area. (2) If the Transitional Committee nominates a person by 13 January 1995, the Minister must appoint the person. (3) The Minister must, by Gazette notice, notify the appointment of the

s 40 20 s 42 Local Government (Cairns, Douglas, Mareeba No. 480, 1994 and Mulgrave) interim chief executive officer. (4) The appointment continues until the new local government revokes it. ˙ Role of interim chief executive officer before changeover day 40.(1) Before the changeover day, the interim chief executive officer is responsible for making the administrative arrangements necessary for the new local government. (2) Without limiting subsection (1), the interim chief executive officer may establish departments for the new local government and appoint interim departmental heads of the departments. (3) However, the interim chief executive officer may appoint an interim departmental head only if the Transitional Committee directs the appointment. (4) The appointment continues until the new local government revokes it. (5) Subsection (1) is subject to section 53 (Interim chief executive officer to comply with directions). ˙ Expenses over $10 000 41.(1) The requirements of the Act regarding contracts over $10 000 apply to an expense over $10 000 incurred by the interim chief executive officer for an arrangement about a matter. (2) If the interim chief executive officer enters into a contract, the interim chief executive officer is taken to have entered into the contract for each merging local government. (3) This section expires on the day before the changeover day. ˙ Organisational structure 42.(1) Unless the Transitional Committee otherwise directs, the interim chief executive officer must make the administrative arrangements necessary for the creation of the following 5 departments of the new local government—

s 43 21 s 44 Local Government (Cairns, Douglas, Mareeba No. 480, 1994 and Mulgrave) • Corporate Services Department • Development Services Department • Financial Services Department • Health and Community Services Department • Technical Services Department. (2) However, as soon as practicable after the changeover day, the new local government must— (a) adopt the structure mentioned in subsection (1) and establish staffing arrangements for the structure; or (b) establish another structure, and staffing arrangements for the structure. ˙ Role of interim chief executive officer after the changeover day 43. From the changeover day, the interim chief executive officer acts as the chief executive officer of the new local government until an appointment to the office is made. ˙ Costs incurred by interim chief executive officer 44.(1) The merging local governments must pay for the cost of administrative arrangements incurred by the interim chief executive officer before the changeover day. (2) An amount required for the cost may, without a resolution of a merging local government, be spent by it whether or not the disbursement is provided for in its budget. (3) An amount may be paid only if the interim chief executive officer has given an account to the merging local government’s chief executive officer.

s 45 22 s 46 Local Government (Cairns, Douglas, Mareeba No. 480, 1994 and Mulgrave) Division 7—Transitional Committee ˙ Transitional Committee 45.(1) The Transitional Committee is established. (2) The committee consists of— (a) 4 councillors from the City of Cairns; and (b) 4 councillors from the Shire of Mulgrave. (3) The committee’s functions are— (a) to decide which of the merging local government’s remuneration resolutions is to apply to the new local government; and (b) to give directions to the interim chief executive officer about— (i) administrative arrangements for the new local government; and (ii) the establishment of departments and the appointment of departmental heads of the departments. (4) The committee may also nominate a person for appointment as interim chief executive officer. (5) The committee may conduct its meetings in the way it considers appropriate. (6) Committee meetings are to be held at the times and places the committee decides. (7) The mayor of the Shire of Mulgrave must call the first meeting of the committee. (8) Four members, of whom 1 must be the chairperson, form a quorum. (9) The committee ends on the changeover day. ˙ Chairperson of Transitional Committee 46.(1) At the first meeting of the Transitional Committee, the members must elect a chairperson of the committee.

s 47 23 s 51 Local Government (Cairns, Douglas, Mareeba No. 480, 1994 and Mulgrave) (2) If no decision is reached by the members present and voting, the nominee of Mulgrave Shire Council is the chairperson of the committee. ˙ Voting powers of chairperson of Transitional Committee 47. The chairperson of the Transitional Committee has a deliberative vote and casting vote in all decisions of the committee. ˙ Subcommittees 48.(1) The Transitional Committee may establish the subcommittees it considers appropriate to report to it about a matter within its functions, including, for example, works and services, finance and staffing. (2) A subcommittee must consist of between 4 and 8 councillors. Division 8—Decision-making by Transitional Committee ˙ Meaning of “decision” in Division 49. In this Division— “decision” of the Transitional Committee means a resolution of the committee to give a direction to the interim chief executive officer. ˙ Decisions to be notified 50. After making a decision, the Transitional Committee must immediately give written notice to the chief executive officer of each of the merging local governments. ˙ Merging local governments may oppose decisions 51.(1) Within 7 days after the Transitional Committee makes a decision, a merging local government may give written notice to the interim chief executive officer that it opposes the decision.

s 52 24 s 54 Local Government (Cairns, Douglas, Mareeba No. 480, 1994 and Mulgrave) (2) The interim chief executive officer must immediately give written notice to the Minister. ˙ Adjudication by Minister 52.(1) If the Minister is notified a merging local government opposes a decision, the Minister may— (a) confirm the decision; or (b) revoke the decision; or (c) give a different direction to the interim chief executive officer than the direction decided by the Transitional Committee. (2) Without limiting the Minister’s powers under subsection (1), the Minister may revoke a decision if the Minister believes the relevant issue would best be decided by the new local government after the changeover day. ˙ Interim chief executive officer to comply with directions 53.(1) The interim chief executive officer must comply with a direction from the Transitional Committee unless— (a) a merging local government notifies the interim chief executive officer that it opposes the decision; and (b) the Minister does not confirm the decision. (2) The interim chief executive officer must also comply with a direction given by the Minister under section 52(1)(c). Division 9—Employees ˙ Meaning of “continuing employee” in Division 54. In this Division— “continuing employee” means a person who, under this Division,

s 55 25 s 56 Local Government (Cairns, Douglas, Mareeba No. 480, 1994 and Mulgrave) becomes and continues to be an employee of the new local government. ˙ Existing employee 55.(1) A person who, immediately before the changeover day, was an employee of a merging local government becomes an employee of the new local government. (2) The employee remains entitled to all existing and accruing rights of employment. (3) If an employee was suspended by a merging local government before the changeover day, the suspension continues and must be dealt with by the new local government. ˙ Officer may only be dismissed for misconduct or neglect 56.(1) In this section— “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 carry out a specific capital works project, a research project or another specific consultancy, project or task. (2) A merging local government may dismiss an officer of the local government only for misconduct or neglect. (3) If a merging 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 merging local government immediately before the changeover day.

s 57 26 s 59 Local Government (Cairns, Douglas, Mareeba No. 480, 1994 and Mulgrave) ˙ Rationalisation of employees because of change 57.(1) In this section— “rationalisation action” means— (a) an appointment of a continuing employee; or (b) the declaration of a continuing employee or a continuing employee’s position as redundant; or (c) a redeployment of a continuing employee; or (d) a retrenchment of a continuing employee. (2) If, within 2 years after the changeover day, the new local government starts to take a rationalisation action because of the making of this regulation, the new 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 7 of Attachment M of the report. ˙ Process for retrenchment of continuing employee 58. Before retrenching a continuing employee, the new local government must— (a) try to redeploy or appoint the employee to a suitable position; or (b) decide, by resolution, that redeployment of the employee, or appointment of the employee to another position, is not practicable. ˙ Salary maintenance 59.(1) This section applies if— (a) a continuing employee is redeployed, under this Division, to a position in the new local government (the “new position” ); and (b) the salary for the new position is less than the salary to which the continuing employee was entitled for the permanent position the employee held in the merging local government (the “former position” ).

s 60 27 s 60 Local Government (Cairns, Douglas, Mareeba No. 480, 1994 and Mulgrave) (2) The employee must be paid an allowance that is enough to maintain the employee’s salary at the salary applying to the former position. (3) The allowance continues under subsection (2) until the end of 1 year after the employee’s appointment to the new position, unless— (a) the person ceases to be an employee of the new local government; or (b) the person is appointed to a position in the new local government and the salary for the position is equal to, or more than, the salary for the former position. ˙ Payments to continuing employee who is retrenched or voluntarily retires 60.(1) This section applies to a continuing employee who is retrenched or voluntarily retires under this Division. (2) The employee is entitled to a payment equal to the employee’s salary for 2 weeks for each year of service and a proportionate amount for an incomplete year of service. (3) However, the employee— (a) must receive an amount equal to the employee’s salary for 4 weeks; but (b) must not receive an amount more than the employee’s salary for 52 weeks. (4) If the employee accepts an offer to voluntarily retire within 2 weeks of the offer being made, the employee is also entitled to a further payment equal to the employee’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 7 of Attachment M of the report.

s 61 28 s 64 Local Government (Cairns, Douglas, Mareeba No. 480, 1994 and Mulgrave) PART 5—GENERAL ˙ Valuation of lands 61.(1) In this section— “valuation” of land means the unimproved value of the land under the Valuation of Land Act 1944 . (2) A valuation of land in the new area at 1 July 1994 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 area it was when the valuation was made. ˙ Records 62. The records of each merging local government become the records of the new local government. ˙ Facilitating changes in boundaries 63.(1) The new and affected local governments must do all acts and things necessary or desirable to facilitate the external boundaries change. (2) Without limiting subsection (1), the affected local governments must give the new local government the records necessary to enable compliance with this regulation. ˙ Reference in documents to merging and affected local governments 64.(1) In all documents (including, for example, a contract to which a merging local government was a party), a reference to a merging local government is a reference to the new local government. (2) In a document relating to area A or B (including, for example, a contract to which an affected local government was a party), a reference to an affected local government is a reference to the new local government.

s 65 29 s 66 Local Government (Cairns, Douglas, Mareeba No. 480, 1994 and Mulgrave) ˙ Pending legal proceedings—merging local governments 65. A legal proceeding by or against a merging local government that is not finished before the changeover day may be continued and finished by or against the new local government. ˙ Pending legal proceedings—affected local governments 66.(1) This section applies to a legal proceeding by or against an affected local government that— (a) relates to area A or B; and (b) is not finished before the changeover day; and (c) is identified by the Minister by Gazette notice. (2) The legal proceeding may be continued and finished by or against the new local government.

30 Local Government (Cairns, Douglas, Mareeba No. 480, 1994 and Mulgrave) ¡ SCHEDULE LOCAL LAWS NOT APPLYING TO NEW AREA section 23 ´ LOCAL LAWS OF THE CITY OF CAIRNS LOCAL LAW SUBJECT MATTER 4 Proceedings, business and meetings of the Council 5 Committees and administrative arrangements of the council 30 Fees and expenses of members ´ LOCAL LAWS OF THE SHIRE OF DOUGLAS LOCAL LAW SUBJECT MATTER 2 Proceedings, business and officers of the council 17 Fees and expenses of members

31 Local Government (Cairns, Douglas, Mareeba No. 480, 1994 and Mulgrave) SCHEDULE (continued) ´ LOCAL LAWS OF THE SHIRE OF MAREEBA LOCAL LAW SUBJECT MATTER 28 Meetings and business of the council, committees and officers ´ LOCAL LAWS OF THE SHIRE OF MULGRAVE LOCAL LAW SUBJECT MATTER 27 Meetings and business of the council, committees and officers ENDNOTES 1. Made by the Governor in Council on 15 December 1994. 2. Notified in the Gazette on 16 December 1994. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Housing, Local Government and Planning. © State of Queensland 1994