Local Government (External Boundaries of Cities of Brisbane and Logan) Regulation 1993 (Qld)

Queensland Subordinate Legislation 1993 No. 392 Local Government Act 1936 LOCAL GOVERNMENT (EXTERNAL BOUNDARIES OF CITIES OF BRISBANE AND LOGAN) REGULATION 1993 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 2—EXTERNAL BOUNDARIES OF CITIES OF BRISBANE AND LOGAN 4 Change in external boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 New external boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 3—TRANSITIONAL PROVISIONS 6 BCC to continue water supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Ownership of materials in roads etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Payment by LCC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 9 Vegetation protection orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 10 Approvals to continue in force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 11 Rates and charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 12 Planning schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 13 Decisions of BCC taken to be decisions of LCC . . . . . . . . . . . . . . . . . . . . . 8 14 Outstanding applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

2 Local Government (External Boundaries of Cities of Brisbane and Logan) No. 392, 1993 15 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 16 Duty to facilitate change in boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

3 Local Government (External Boundaries of Cities of Brisbane and Logan) No. 392, 1993 PART 1—PRELIMINARY ˙ Short title 1. This regulation may be cited as the Local Government (External Boundaries of Cities of Brisbane and Logan) Regulation 1993 . ˙ Commencement 2. This regulation commences on 1 January 1994. ˙ Definitions 3. In this regulation— “BCC” means Brisbane City Council; “commencing day” means the day on which this regulation commences; “existing planning scheme” , in relation to the relevant area of Brisbane or Logan, means the planning scheme in force for the area immediately before the commencing day; “LCC” means the Council of the City of Logan; “ordinances” means the ordinances made by BCC under the CityofBrisbane Act 1924 ; “relevant area of Brisbane” means the area excluded from the City of Logan, and included in the area of the City of Brisbane, under Part 2; “relevant area of Logan” means the area excluded from the City of Brisbane, and included in the area of the City of Logan, under Part 2.

4 Local Government (External Boundaries of Cities of Brisbane and Logan) No. 392, 1993 PART 2—EXTERNAL BOUNDARIES OF CITIES OF BRISBANE AND LOGAN ˙ Change in external boundaries 4. The external boundaries of the Cities of Brisbane and Logan are changed by— (a) excluding the part of the area of the City of Logan identified in Appendix III of the Local Government Commissioner’s report on the Commissioner’s review of the external boundaries of the City of Brisbane and the City of Logan dated 28 May 1993 and including the part in the City of Brisbane; 1 and (b) excluding the parts of the area of the City of Brisbane identified in Appendices IV and V of the Local Government Commissioner’s report on the Commissioner’s review of the external boundaries of the City of Brisbane and the City of Logan dated 28 May 1993 and including the parts in the City of Logan. 1 ˙ New external boundaries 5.(1) The external boundaries of the City of Brisbane are set out in plan number LGB 1, edition 1, sheets 1 to 4, held by BCC and the department. 2 (2) The external boundaries of the City of Logan are set out in plan number LGB 78, edition 1, sheets 1 and 2, held by LCC and the department. 3 1 The Commissioner’s report may be inspected at the office of the Department of Housing, Local Government and Planning at 126 Margaret Street, Brisbane. 2 The plan may be inspected at the public office of Brisbane City Council at 69 Ann Street, Brisbane and at the office of the Department of Housing, Local Government and Planning at 126 Margaret Street, Brisbane . 3 The plan may be inspected at the public office of Logan City Council at corner Wembley Road and Jacaranda Avenue, Woodridge and at the office of the Department of Housing, Local Government and Planning at 126 Margaret Street, Brisbane .

5 Local Government (External Boundaries of Cities of Brisbane and Logan) No. 392, 1993 PART 3—TRANSITIONAL PROVISIONS ˙ BCC to continue water supply 6. BCC must continue to supply water to properties in Millers Road in the relevant area of Logan— (a) under an agreement made between BCC and LCC under section 32(1) of the Act; or (b) until an agreement mentioned in paragraph (a) is made—in accordance with written directions given by the Minister to BCC and LCC. ˙ Ownership of materials in roads etc. 7. To remove any doubt, the materials of all roads, bridges and other public works in— (a) the relevant area of Brisbane belong to BCC; and (b) the relevant area of Logan belong to LCC. ˙ Payment by LCC 8.(1) LCC must pay the amount of $609 011 to BCC within 30 days of the commencing day. (2) The amount may, at the request of LCC and BCC, be paid by way of adjustment of the accounts of BCC and LCC with Queensland Treasury Corporation. (3) Queensland Treasury Corporation must make the adjustment as soon as practicable after receiving the request. ˙ Vegetation protection orders 9.(1) This section applies if— (a) BCC has made a vegetation protection order under the Vegetation Protection Ordinances; and

6 Local Government (External Boundaries of Cities of Brisbane and Logan) No. 392, 1993 (b) the order relates to land in the relevant area of Logan; and (c) the order is in force immediately before the commencing day. (2) For the purposes of LCC enforcing or otherwise dealing with the vegetation protection order— (a) the Vegetation Protection Ordinances are taken to be by-laws of LCC and in force in relation to the relevant area of Logan; and (b) the order is taken to have been made under the by-laws; and (c) LCC must implement, administer and enforce the by-laws. ˙ Approvals to continue in force 10.(1) In this section— “approval” means a licence, permit or other approval. (2) This section applies to an approval that— (a) is granted by BCC under an Act or the ordinances before the commencing day to— (i) a resident in the relevant area of Logan; or (ii) an owner of land in the relevant area of Logan; or (iii) a person in relation to land in the relevant area of Logan; and (b) is in force immediately before the commencing day. (3) For the purposes of LCC dealing with an approval granted under the ordinances— (a) the ordinances under which the approval was granted are taken to be by-laws of LCC; and (b) the approval is taken to have been granted by LCC under the by- laws and in force in relation to the relevant area of Logan; and (c) LCC must implement, administer and enforce the by-laws. (4) Despite subsection (3), the approval continues in force until— (a) 30 June 1994; or (b) it is earlier terminated under the by-law or in accordance with its

7 Local Government (External Boundaries of Cities of Brisbane and Logan) No. 392, 1993 terms; whichever happens first. (5) For the purposes of LCC dealing with an approval granted under an Act, the approval is taken to have been properly granted under the Act by LCC. ˙ Rates and charges 11.(1) In this section— “outstanding amount” means an amount of any rate or charge (including any interest accruing, or premium owing, on the amount) that— (a) is payable on land in relation to a period ending on or before 31 December 1993; and (b) is unpaid to BCC as at that date. (2) This section applies to land in the relevant area of Logan. (3) Any outstanding amount is taken to be a debt due and owing to LCC by the owner of the land on which the amount is payable. (4) LCC may recover the outstanding amount in a court having jurisdiction for the recovery of debts up to the amount concerned. (5) LCC must pay to BCC the outstanding amount recovered by LCC as soon as practicable after its recovery. (6) BCC must, as soon as practicable after the commencing day, pay to LCC all amounts received by BCC before that day for rates and charges payable on land in relation to a period starting on or after that day. ˙ Planning schemes 12.(1) In this section— “approved” means approved under the Local Government (Planning andEnvironment) Act 1990 . (2) The existing planning scheme for the relevant area of Brisbane— (a) continues to apply to the area until—

8 Local Government (External Boundaries of Cities of Brisbane and Logan) No. 392, 1993 (i) an amendment of the planning scheme for the City of Brisbane including the area is approved; or (ii) a new planning scheme for the City of Brisbane including the area is approved; and (b) is to be implemented, administered and enforced by BCC so far as it relates to the area; and (c) for the purposes of paragraph (b) is taken to be part of the planning scheme for the City of Brisbane. (3) The existing planning scheme for the relevant area of Logan— (a) continues to apply to the area until— (i) an amendment of the planning scheme for the City of Logan including the area is approved; or (ii) a new planning scheme for the City of Logan including the area is approved; and (b) is to be implemented, administered and enforced by LCC so far as it relates to the area; and (c) for the purposes of paragraph (b) is taken to be part of the planning scheme for the City of Logan. ˙ Decisions of BCC taken to be decisions of LCC 13.(1) This section applies to a decision made by BCC before the commencing day under the existing planning scheme in relation to land in the relevant area of Logan. (2) The decision continues to apply in relation to the land and for that purpose is taken to have made by LCC. ˙ Outstanding applications 14.(1) This section applies to an application that— (a) was made before the commencing day to BCC under an Act, or the existing planning scheme for the relevant area of Logan, in relation to land in the area; and

9 Local Government (External Boundaries of Cities of Brisbane and Logan) No. 392, 1993 (b) has not been finally determined as at the commencing day. (2) BCC must, as soon as practicable after the commencing day, pay the fees received by it in relation to the application to LCC. (3) LCC must deal with the application. ˙ Appeals 15.(1) This section applies to an appeal that— (a) was started before the commencing day against a decision of BCC made under the existing planning scheme in relation to land in the relevant area of Logan; and (b) has not been completed as at the commencing day. (2) LCC becomes the respondent to the appeal in place of BCC. ˙ Duty to facilitate change in boundaries 16.(1) BCC and LCC must do all acts and things necessary or desirable to facilitate the change in the external boundaries of the Cities of Brisbane and Logan effected under Part 2. (2) Without limiting subsection (1), BCC must give LCC, and LCC must give BCC, the records that are necessary to enable compliance with this regulation. ENDNOTES 1. Made by the Governor in Council on 28 October 1993. 2. Notified in the Gazette on 29 October 1993. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Housing, Local Government and Planning.

10 Local Government (External Boundaries of Cities of Brisbane and Logan) No. 392, 1993 The State of Queensland 1993