Local Government Legislation Amendment Act 2003 (Qld)

Local Government Legislation Amendment Act 2003

Queensland LOCAL GOVERNMENT LEGISLATION AMENDMENT ACT 2003 Act No. 2 of 2003

Queensland LOCAL GOVERNMENT LEGISLATION AMENDMENT ACT 2003 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 PART 2—AMENDMENT OF CITY OF BRISBANE ACT 1924 3 Act amended in pt 2 and sch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 Replacement of ss 48–59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 48 Making of rates and charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 49 How rates and charges are made . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 50 Differential general rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 51 Minimum general rate levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 52 Special rates and charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 53 Adjustment of special rates and charges . . . . . . . . . . . . . . . . . . . . . . 12 54 Refund of special rates and charges—special circumstances . . . . . . 13 55 Separate rates and charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 56 Utility charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 57 Utility charges for facilities under construction. . . . . . . . . . . . . . . . . 16 58 Validity of particular utility charges . . . . . . . . . . . . . . . . . . . . . . . . . 17 5 Amendment of s 60 (Levying rates) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 6 Amendment of s 66 (Payment by instalments) . . . . . . . . . . . . . . . . . . . . . . . 17 7 Amendment of s 68 (Discount for prompt payment) . . . . . . . . . . . . . . . . . . 18 8 Amendment of s 75 (Remission, composition and settlement of rates) . . . . 18 9 Amendment of s 76 (Deferment of payment of liability) . . . . . . . . . . . . . . . 19 10 Amendment of s 79 (Exercise of concession powers requires owner’s application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

2 Local Government Legislation Amendment Act 2003 No. 2, 2003 11 Insertion of new s 79A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 79A Council may grant concessions to classes of land owners. . . . . . . . . 20 12 Amendment of s 80 (Limitation of increase in rate levied). . . . . . . . . . . . . . 21 13 Amendment of s 81 (Establishing criteria and categories) . . . . . . . . . . . . . . 21 14 Amendment of s 85 (Notice to owner of categorisation) . . . . . . . . . . . . . . . 22 15 Insertion of new pt 4, div 1A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Division 1A—Revenue policy 106A Preparation and adoption of revenue policy . . . . . . . . . . . . . . . . . . . 23 106B Requirements and content of revenue policy . . . . . . . . . . . . . . . . . . . 23 106C Copies of revenue policy to be available for inspection and purchase 23 16 Amendment of s 108 (Content of budget documents). . . . . . . . . . . . . . . . . . 24 17 Insertion of new ss 109A and 109B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 109A Adoption of revenue statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 109B Requirements and content of revenue statement . . . . . . . . . . . . . . . . 24 18 Amendment of s 119 (Annual report) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 19 Insertion of new s 136 and new pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 136 Application of certain provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 PART 6—TRANSITIONAL PROVISION 137 Transitional provision for Local Government Legislation Amendment Act 2003—general charges . . . . . . . . . . . . . . . . . . . . 26 PART 3—AMENDMENT OF INTEGRATED PLANNING ACT 1997 20 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 21 Amendment of s 5.1.5 (Fixing infrastructure charges) . . . . . . . . . . . . . . . . . 26 PART 4—AMENDMENT OF LOCAL GOVERNMENT ACT 1993 22 Act amended in pt 4 and sch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 23 Amendment of s 10 (How local government Acts apply to Brisbane City Council) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 24 Amendment of s 36 (General powers). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 25 Amendment of s 50 (General powers). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 26 Amendment of s 60F (Powers of joint board) . . . . . . . . . . . . . . . . . . . . . . . . 27 27 Insertion of new ch 7, pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 PART 2A—REVENUE POLICY 513A Preparation and adoption of revenue policy . . . . . . . . . . . . . . . . . . . 28

3 Local Government Legislation Amendment Act 2003 No. 2, 2003 513B Requirements and content of revenue policy . . . . . . . . . . . . . . . . . . . 28 513C Copies of revenue policy to be available for inspection and purchase 29 28 Amendment of s 518 (Adoption of budget) . . . . . . . . . . . . . . . . . . . . . . . . . 29 29 Amendment of s 519 (Requirements of budgets) . . . . . . . . . . . . . . . . . . . . . 29 30 Amendment of s 520 (Content of operating fund budgets). . . . . . . . . . . . . . 30 31 Insertion of new s 520A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 520A Requirements and content of revenue statement . . . . . . . . . . . . . . . . 30 32 Amendment of s 524 (Budgets to be available for inspection and purchase) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 33 Amendment of s 534 (Content of report about other issues of public interest) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 34 Insertion of new s 854B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 854B Local laws and subordinate local laws about airport landing charges ....................................... 31 35 Amendment of s 963 (Power to make and levy rates and charges). . . . . . . . 32 36 Amendment of s 967 (Minimum general rate levy) . . . . . . . . . . . . . . . . . . . 32 37 Amendment of s 971 (Special rates and charges) . . . . . . . . . . . . . . . . . . . . . 33 38 Amendment of s 971A (Adjustment of special rates and charges) . . . . . . . . 33 39 Insertion of new s 971B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 971B Refund of special rates and charges—special circumstances . . . . . . 33 40 Amendment of s 972 (Separate rates and charges) . . . . . . . . . . . . . . . . . . . . 34 41 Amendment of s 973 (Utility charges) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 42 Insertion of new s 973AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 973AA Utility charges for facilities under construction . . . . . . . . . . . . . . . . 35 43 Omission of ss 974 and 975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 44 Amendment of s 977 (Establishing criteria and categories) . . . . . . . . . . . . . 35 45 Amendment of s 983 (Notice to owner of categorisation) . . . . . . . . . . . . . . 36 46 Amendment and relocation of s 997 (Resolution to remove valueless land from land record) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 47 Relocation of s 998 (Restoration of valueless land to land record). . . . . . . . 37 48 Amendment of s 1004 (Notice of sale of land) . . . . . . . . . . . . . . . . . . . . . . . 37 49 Insertion of new s 1006A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 1006A Notice of sale or change in ownership by new owner . . . . . . . . . . . . 38

4 Local Government Legislation Amendment Act 2003 No. 2, 2003 50 Amendment of s 1007 (Result of failure to give notice of change in ownership) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 51 Amendment of s 1008 (Levying rates) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 52 Amendment of s 1015 (Payment by instalments) . . . . . . . . . . . . . . . . . . . . . 39 53 Amendment of s 1016 (Meaning of “overdue rate”). . . . . . . . . . . . . . . . . . . 40 54 Amendment of s 1019 (Discount for prompt payment) . . . . . . . . . . . . . . . . 40 55 Amendment of s 1031 (Remission, composition and settlement of rates) . . 41 56 Amendment of s 1032 (Deferral of liability to pay rates) . . . . . . . . . . . . . . . 41 57 Amendment of s 1035 (Conditions on exercise of concession powers) . . . . 42 58 Insertion of new ch 14, pt 6, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Division 2—Concessions for classes of land owners 1035A Local government may grant concessions to classes of land owners 42 59 Amendment of s 1036 (Limitation of increase in rate levied). . . . . . . . . . . . 44 60 Insertion of new s 1037A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 1037A Registering charge over land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 61 Amendment of s 1038 (Recovery by court action) . . . . . . . . . . . . . . . . . . . . 45 62 Amendment of s 1039 (Application of division). . . . . . . . . . . . . . . . . . . . . . 45 63 Amendment of s 1044 (Reserve price at auction) . . . . . . . . . . . . . . . . . . . . . 46 64 Amendment of s 1051 (Purpose of this division) . . . . . . . . . . . . . . . . . . . . . 46 65 Amendment of s 1068 (Cost of work a charge over land). . . . . . . . . . . . . . . 46 66 Insertion of new ch 15, pt 4, div 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Division 2A—Regulatory fees 1071A Power to ﬁx regulatory fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 1071B Regulation may prescribe circumstances in which regulatory fee can include tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 1071C Requirements of local law or resolution ﬁxing regulatory fee including tax component . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 1071D Tax component of prescribed regulatory fees applies only to rateable land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 1071E Register of regulatory fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 67 Insertion of new s 1205A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 1205A Application of certain provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 68 Insertion of new ch 19, pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

5 Local Government Legislation Amendment Act 2003 No. 2, 2003 PART 8—TRANSITIONAL PROVISION FOR LOCAL GOVERNMENT LEGISLATION AMENDMENT ACT 2003 1271 Continuation of general charges and former register of general charges ......................................... 49 PART 5—AMENDMENT OF LOCAL GOVERNMENT (CHINATOWN AND THE VALLEY MALLS) ACT 1984 69 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 70 Amendment of s 3 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 71 Amendment of s 6 (Restricted trafﬁc on mall) . . . . . . . . . . . . . . . . . . . . . . . 51 72 Amendment of s 8 (Closure of road). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 73 Insertion of new ss 16–16C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 16 Removal or moving of vehicles in mall area . . . . . . . . . . . . . . . . . . . 51 16A Notice to operator if vehicle removed from mall area . . . . . . . . . . . . 52 16B Requirements for return of vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . 53 16C Sale of vehicle removed from mall . . . . . . . . . . . . . . . . . . . . . . . . . . 54 74 Insertion of new pt 3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 PART 3A—APPEALS 19 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 19A How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 19B Stay of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 19C Powers of Magistrates Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 19D Effect of Magistrates Court’s decision. . . . . . . . . . . . . . . . . . . . . . . . 57 19E Appeal to District Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 75 Omission of pt 5 (Recovery of penalties by notices) . . . . . . . . . . . . . . . . . . 57 76 Amendment of s 39 (Appeal against council’s decision etc.) . . . . . . . . . . . . 57 77 Insertion of new s 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 47 References in local law to authorised ofﬁcer . . . . . . . . . . . . . . . . . . . 57 PART 6—AMENDMENT OF LOCAL GOVERNMENT (QUEEN STREET MALL) ACT 1981 78 Act amended in pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 79 Amendment of s 3 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 80 Amendment of s 6 (Restricted trafﬁc on mall) . . . . . . . . . . . . . . . . . . . . . . . 58 81 Amendment of s 8 (Offence to contravene notiﬁcation) . . . . . . . . . . . . . . . . 59 82 Insertion of new ss 11–11C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59

6 Local Government Legislation Amendment Act 2003 No. 2, 2003 11 Removal or moving of vehicles in mall area . . . . . . . . . . . . . . . . . . . 59 11A Notice to operator if vehicle removed from mall area . . . . . . . . . . . . 60 11B Requirements for return of vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . 61 11C Sale of vehicle removed from mall . . . . . . . . . . . . . . . . . . . . . . . . . . 61 83 Insertion of new pt 3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 PART 3A—APPEALS 13A Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 13B How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 13C Stay of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 13D Powers of Magistrates Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 13E Effect of Magistrates Court’s decision. . . . . . . . . . . . . . . . . . . . . . . . 64 13F Appeal to District Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 84 Omission of pt 5 (Recovery of penalties by notices) . . . . . . . . . . . . . . . . . . 65 85 Amendment of s 33 (Appeal against council’s decision etc.) . . . . . . . . . . . . 65 86 Insertion of new s 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 40 References in local law to authorised ofﬁcer . . . . . . . . . . . . . . . . . . . 65 PART 7—REPEAL 87 Repeal of Local Government (Malls) Regulation2000 . . . . . . . . . . . . . . . . 65 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 66 MINOR AND CONSEQUENTIAL AMENDMENTS CITY OF BRISBANE ACT 1924 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 LOCAL GOVERNMENT ACT 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67

Queensland Local Government Legislation Amendment Act 2003 Act No. 2 of 2003 An Act to amend certain local government legislation [Assented to 4 March 2003]

s1 8 s4 Local Government Legislation Amendment Act 2003 No. 2, 2003 The Parliament of Queensland enacts— PART 1—PRELIMINARY 1 Short title This Act may be cited as the Local Government Legislation Amendment Act 2003 . 2 Commencement Parts 5 to 7 commence on a day to be ﬁxed by proclamation. PART 2—AMENDMENT OF CITY OF BRISBANE ACT 1924 3 Act amended in pt 2 and sch (1) This part amends the City of Brisbane Act 1924. (2) The schedule also includes amendments of the CityofBrisbaneAct 1924. 4 Replacement of ss 48–59 Sections 48 to 59— omit, insert— ‘48 Making of rates and charges ‘ (1) The council must make a general rate or differential general rates for each ﬁnancial year. ‘ (2) The council may, for a financial year, make and levy the following— (a) minimum general rate levies;

s4 9 s4 Local Government Legislation Amendment Act 2003 No. 2, 2003 (b) separate rates and charges; (c) special rates and charges; (d) utility charges. ‘49 How rates and charges are made ‘A rate or charge mentioned in section 48 may only be made for a ﬁnancial year by resolution at the council’s budget meeting for the year. ‘50 Differential general rate ‘ (1) Before a differential general rate is made and levied, rateable land must be categorised into 2 or more categories under division 4. ‘ (2) A differential general rate made and levied on rateable land in a category may be the same as or different to the differential general rate made and levied on land in another category. ‘ (3) If the council makes and levies a differential general rate for rateable land for a financial year, the council must not make and levy a general rate for the land for the year. ‘ (4) A differential general rate may be made and levied on a lot under a community titles Act as if it were a parcel of rateable land. ‘ (5) To remove any doubt, it is declared that a differential general rate may be made and levied on a lot included in a community titles scheme under the Body Corporate and Community Management Act 1997 . ‘51 Minimum general rate levy ‘ (1) The council may identify rateable land for the purpose of making and levying a minimum general rate levy in any way it considers appropriate. ‘ (2) Subject to subsection (3), the council may, for a ﬁnancial year, make and levy not more than 1 minimum general rate levy on rateable land. ‘ (3) If the council makes and levies a differential general rate for the ﬁnancial year, the council— (a) may make and levy different minimum general rate levies on rateable land in different categories; but

s 4 10 s 4 Local Government Legislation Amendment Act 2003 No. 2, 2003 (b) must not make and levy more than 1 minimum general rate levy for rateable land in a category. ‘ (4) The council must not make and levy a minimum general rate levy for a parcel of land if— (a) the Valuation of Land Act 1944 , section 25, 1 applies to the parcel; and (b) under that section, the parcel’s discounted valuation period has not ended. ‘52 Special rates and charges ‘ (1) The council may make and levy a special rate or charge on rateable land if— (a) the rate or charge is for a service, facility or activity; and (b) in the council’s opinion— (i) the land, or the occupier of the land, has or will specially beneﬁt from, or has or will have special access to, the service, facility or activity; or (ii) the occupier of the land, or the use made or to be made of the land, has or will specially contribute to the need for the service, facility or activity. Examples for subsection (1)(b)(i) — A rural ﬁre services charge to raise funds for a rural ﬁre brigade to purchase or maintain equipment to service only part of the city. A tourism promotion charge levied on land used for businesses that would beneﬁt from tourism promotion in the city. A recreational facilities charge levied over a 2 year period to contribute to the cost of building playground facilities and amenities in a nominated park in part of the city. A cultural centre charge levied over an 8 year period to contribute to the cost of building a centre in part of the city, with construction to start within a certain number of years after the charge is ﬁrst levied. A charge, levied over a 20 year period, to repay a loan for the construction of a drainage system in part of the city, from which some land would commence receiving a beneﬁt in a year and the remainder in a later year of the 20 year period. 1 ValuationofLandAct1944, s ection 25 (Valuation—discounting for subdivided land)

s 4 11 s 4 Local Government Legislation Amendment Act 2003 No. 2, 2003 Example for subsection (1)(b)(ii )— An entity that relies on road transport for its business specially contributes to the wear and tear on a local road adjoining its property and is likely to need a higher standard of road than the occupiers of other properties adjoining the road. ‘ (2) The special rate or charge may be made and levied on the bases the council considers appropriate. ‘ (3) The council may ﬁx a minimum amount of a special rate. ‘ (4) Without limiting subsection (2), the amount of the special rate or charge may vary according to the extent to which the council considers— (a) the land, or the occupier of the land, has or will specially beneﬁt from, or has or will have special access to, the service, facility or activity; or (b) the occupier of the land, or the use made or to be made of the land, has or will specially contribute to the need for the service, facility or activity. ‘ (5) The council’s resolution making the special rate or charge must identify— (a) the rateable land to which the rate or charge applies; and (b) the overall plan for the supply of the service, facility or activity. ‘ (6) The overall plan must— (a) be adopted by the council by resolution, either before or when it ﬁrst makes the special rate or charge; and (b) identify the rateable land to which the rate or charge applies; and (c) describe the service, facility or activity; and (d) state the estimated cost of implementing the overall plan; and (e) state the estimated time for implementing the overall plan. ‘ (7) Under an overall plan, a special rate or charge may be made and levied for 1 or more years before any of the funds received by the council from the special rate or charge are expended in implementing the plan. ‘ (8) If an overall plan will not be implemented within 1 year, the council must, at or before the budget meeting for each year of the period for implementing the overall plan, by resolution, adopt an annual implementation plan for the year.

s 4 12 s 4 Local Government Legislation Amendment Act 2003 No. 2, 2003 ‘ (9) The council may, by resolution, at any time, amend an overall plan or an annual implementation plan. ‘ (10) The council may identify parcels of rateable land to which the rate or charge applies in any way it considers appropriate. ‘ (11) Subsection (1) is taken to have been complied with if the special rate or charge is made and levied on— (a) all rateable land that, at the time of making and levying the rate or charge, could reasonably be identiﬁed as land on which the rate or charge may be made and levied; or (b) all rateable land on which the rate or charge may be made and levied, other than land accidentally omitted. ‘ (12) To remove any doubt, it is declared that the council may make and levy a special rate or charge under subsection (1) for a service, facility or activity not supplied by the council itself, including a service, facility or activity supplied or undertaken by another local government— (a) in the other local government’s area; and (b) under arrangements entered into, under the LocalGovernmentAct1993 , section 59, 2 by the council and the other local government. ‘53 Adjustment of special rates and charges ‘ (1) If more funds are received by the council from a special rate or charge made and levied in a financial year than are expended in carrying out the implementation plan for the year, the council may carry the unexpended funds forward for expending under an implementation plan in a future financial year. ‘ (2) A special rate or charge is not invalid merely because the council made and levied a special rate or charge on land to which section 52(1)(b) did not apply. ‘ (3) If the council makes and levies a special rate or charge on land to which section 52(1)(b) does not apply, the council must return the funds received to the person on whom the special rate or charge was levied. ‘ (4) If the council has funds received from a special rate or charge remaining after an overall plan is implemented, or after the council decides 2 Local Government Act 1993 , section 59 (Cooperation between local governments)

s 4 13 s 4 Local Government Legislation Amendment Act 2003 No. 2, 2003 not to fully implement an overall plan, the council must, as soon as practicable after the plan is implemented or the decision is made, pay the remaining funds, in the same proportions as the special rate or charge was last levied, to the current owners of the land on which the special rate or charge was levied. ‘ (5) However, subsection (4) does not apply if section 54 applies to the remaining funds. ‘54 Refund of special rates and charges—special circumstances ‘ (1) This section applies if— (a) the council decides not to fully implement an overall plan that has been partly implemented; and (b) the council has funds received from a special rate or charge remaining; and (c) the plan identiﬁes, for different stages of its implementation, the rateable land, or occupiers of the land, that will beneﬁt from, or have access to, the service, facility or activity. ‘ (2) As soon as practicable after making the decision, the council must pay the remaining funds, in the reasonable proportions decided by the council by resolution, to the current owners of the land on which the special rate or charge was levied. ‘ (3) The council must decide the proportions having regard to the following— (a) the proportions in which the rate or charge has been levied on each parcel of rateable land; (b) the extent to which the land, or its occupiers, beneﬁts from, or has access to, the service, facility or activity. ‘55 Separate rates and charges ‘ (1) The council may make and levy a separate rate or charge for a service, facility or activity in the way it considers appropriate. ‘ (2) The council may ﬁx a minimum amount of a separate rate. ‘ (3) To remove any doubt, it is declared that the council may make and levy a separate rate or charge for a service, facility or activity whether or not the service, facility or activity is supplied by the council itself.

s 4 14 s 4 Local Government Legislation Amendment Act 2003 No. 2, 2003 ‘56 Utility charges ‘ (1) The council may make and levy a utility charge on— (a) any land, whether vacant or occupied, and whether or not it is rateable land; or (b) a structure. ‘ (2) A utility charge may be for— (a) supplying water, gas or sewerage services; or (b) supplying cleansing services for occupied land or a structure. ‘ (3) The council may, under section 57, make and levy a utility charge for supplying water or sewerage services before construction of the facilities for supplying the services is completed. ‘ (4) A utility charge may be made and levied on the bases the council considers appropriate. ‘ (5) Without limiting subsection (4), the amounts of utility charges may differ on the basis of— (a) the use made of particular land, or a particular structure or a class of land or structure; or (b) the unimproved value of particular land; or (c) any other circumstances peculiar to the supply of the relevant service to particular land, a particular structure or a class of land or structure. ‘ (6) To remove any doubt, it is declared that the council may make and levy a utility charge for a service whether or not the service is supplied by the council itself. ‘ (7) The council may, and it is declared always could, do 1 or more of the following— (a) make and levy a utility charge for services supplied or to be supplied during part of the ﬁnancial year and part of another ﬁnancial year; (b) make and levy differing charges for services supplied or to be supplied during various periods in 1 or more ﬁnancial years; (c) in making and levying differing charges under paragraph (b), decide the way the charges are to be apportioned.

s 4 15 s 4 Local Government Legislation Amendment Act 2003 No. 2, 2003 Examples of application of subsection (7) — 1. For water used between 30 April 1998 and 31 July 1998, the council may resolve to charge— (a) for water used (as measured) during the period 30 April 1998 to 31 July 1998 on the basis of the charge made at the budget meeting for the 1997–1998 ﬁnancial year; or (b) for water used (as measured) during the period 30 April 1998 to 31 July 1998 on the basis of the charge made at the budget meeting for the 1998–1999 ﬁnancial year; or (c) for— (i) water used (as measured) during the period 30 April 1998 to 30 June 1998 on the basis of the charge made at the budget meeting for the 1997–1998 ﬁnancial year; and (ii) water used (as measured) during the period 1 July 1998 to 31 July 1998 on the basis of the charge made at the budget meeting for the 1998–1999 ﬁnancial year; or (d) an apportioned charge for water used during the 2 periods (30 April 1998 to 30 June 1998 and 1 July 1998 to 31 July 1998) on the basis of— (i) the total amount of water used (as measured) during the period 30 April 1998 to 31 July 1998—93 days—being apportioned to each period according to the respective lengths of the periods—62 days and 31 days respectively; or (ii) another basis set out in the resolution. 2. The council may resolve to charge for water supplied between 1 July 1998 and 30 June 1999— (a) for the period 1 July 1998 to 28 February 1999—a ﬂat charge of $300 with an excess charge of $1 per kL of water used greater than 350 kL; and (b) for the period 1 March 1999 to 30 June 1999—an amount based on the actual consumption of water during the period. ‘ (8) Despite subsection (7), the council must not for a financial year make and levy a utility charge for services supplied or to be supplied other than in that, the previous or the next financial year. ‘ (9) Charges made and levied under a decision under subsection (7) are lawfully made and levied under this Act. ‘ (10) Subsections (7) to (9) apply despite the reference in sections 48 and 49 3 to the making and levying of rates and charges for a financial year. 3 Sections 48 (Making of rates and charges) and 49 (How rates and charges are made)

s 4 16 s 4 Local Government Legislation Amendment Act 2003 No. 2, 2003 ‘ (11) If— (a) a meter or other measuring device is to be read on a particular day for working out the amount of a charge to be levied by the council for a service; and (b) the council resolves to apply this subsection to the reading of meters or other measuring devices; it is taken to have been read on that day if it is read within a period of 2 weeks before or after that day. Example for subsection (11) — If the council resolves to apply this subsection to the supply of water that is to be charged on the basis of usage for a period ended 30 April and a meter is read on 10 May, that reading is taken to be the reading at 30 April for the purposes of working out the water usage during the period. ‘ (12) Subsection (11) does not restrict the council’s power to make local laws relating to other aspects of the administration of metered consumption for a utility service. Example for subsection (12) — A local law may be made to provide for water consumption to be estimated on the basis of the best information reasonably available if a water meter is found to be malfunctioning or inoperative during any period of consumption. ‘57 Utility charges for facilities under construction ‘ (1) The council may, for a ﬁnancial year, make and levy a utility charge for supplying water or sewerage services before construction of the facilities for supplying the services is completed if, when the charge is made and levied— (a) either— (i) construction of the facilities has started; or (ii) the council intends that construction of the facilities will start during the ﬁnancial year and has included, in its budget for the year, the funds necessary for construction to start; and (b) the council reasonably believes the services will be supplied within the next ﬁnancial year. ‘ (2) The utility charge is not invalid merely because the services are not supplied within the next ﬁnancial year because of circumstances beyond the council’s control.

s 5 17 s 6 Local Government Legislation Amendment Act 2003 No. 2, 2003 ‘58 Validity of particular utility charges ‘A utility charge made and levied by the council for supplying water or sewerage services is not invalid merely because the council did not comply with the Local Government Act 1993 , chapter 10. 4 ’. 5 Amendment of s 60 (Levying rates) (1) Section 60(1), ‘A rate must be levied’— omit, insert — ‘The council may levy a rate only’. (2) Section 60(1)(b), after ‘case—’— insert — ‘the person recorded in the council’s records as’. (3) Section 60(2A)(a)— omit, insert — ‘(a) if the council has decided 1 or more discount dates or 1 or more discount periods for payment of the rate— (i) the discount or information about how the discount is calculated; and (ii) whether the discount is to be allowed only if either or both of the following amounts are paid before any of the discount dates, or within any of the discount periods, for the rates— (A) another stated rate; or (B) an amount, including any interest on the amount, payable for work performed by the council under the Local Government Act 1993 , section 1066; 5 and’. 6 Amendment of s 66 (Payment by instalments) Section 66— insert — 4 Local Government Act 1993, chapter 10 (Reform of certain water and sewerage services) 5 Local Government Act 1993 , section 1066 (Performing work for owner or occupier)

s 7 18 s 8 Local Government Legislation Amendment Act 2003 No. 2, 2003 ‘ (5) An instalment identiﬁed in the resolution is taken to have been an overdue rate for the LocalGovernmentAct1993 , chapter 14, part 7, division 3, 6 from the day it ﬁrst became an overdue rate if— (a) the instalment is not paid as required under the resolution; and (b) the instalment was, before the resolution was made, an overdue rate.’. 7 Amendment of s 68 (Discount for prompt payment) (1) Section 68(2)— insert— ‘(ca) whether the discount is to be allowed only if— (i) another rate is paid before the discount date, or within the discount period, for the rate or other rate; or (ii) an amount, including any interest on the amount, is not payable for work performed by the council under the LocalGovernment Act 1993 , section 1066; 7 and’. (2) Section 68(2)(ca) and (d)— renumber as section 68(2)(d) and (e). 8 Amendment of s 75 (Remission, composition and settlement of rates) Section 75— insert — ‘ (5) A rate identiﬁed in the agreement is taken to have been an overdue rate for the LocalGovernmentAct1993 , chapter 14, part 7, division 3, 8 from the day it ﬁrst became an overdue rate if— (a) the rate is not paid as required under the agreement; and 6 Local Government Act 1993 , chapter 14 (Rates and charges), part 7 (Recovery of rates), division 3 (Sale of land for overdue rates) 7 Local Government Act 1993 , section 1066 (Performing work for owner or occupier) 8 Local Government Act 1993 , chapter 14 (Rates and charges), part 7 (Recovery of rates), division 3 (Sale of land for overdue rates)

s 9 19 s 11 Local Government Legislation Amendment Act 2003 No. 2, 2003 (b) the rate was an overdue rate before the agreement was entered into.’. 9 Amendment of s 76 (Deferment of payment of liability) Section 76— insert — ‘ (6) A rate identiﬁed in the arrangement is taken to have been an overdue rate for the LocalGovernmentAct1993 , chapter 14, part 7, division 3, 9 from the day it ﬁrst became an overdue rate if— (a) the rate is not paid as required under the arrangement; and (b) the rate was, before the arrangement was entered into, an overdue rate.’. 10 Amendment of s 79 (Exercise of concession powers requires owner’s application) (1) Section 79, heading— omit, insert — ‘79 Council may grant particular concessions on owner’s application’. (2) Section 79— insert— ‘ (2) To remove any doubt it is declared that the council may exercise a power whether or not the rate has been levied.’. 11 Insertion of new s 79A After section 79— insert — 9 Local Government Act 1993 , chapter 14 (Rates and charges), part 7 (Recovery of rates), division 3 (Sale of land for overdue rates)

s 11 20 s 11 Local Government Legislation Amendment Act 2003 No. 2, 2003 ‘79A Council may grant concessions to classes of land owners ‘ (1) The council may, by resolution, do any of the following for land owners of a class identiﬁed in the resolution— (a) remit, wholly or partly, a rate; (b) defer payment of a rate until a stated time. ‘ (2) The council may exercise a power under subsection (1) only if it is satisﬁed the exercise is justiﬁed by any of the following factors— (a) the land owners are— (i) pensioners; or (ii) bodies whose objects do not include the making of proﬁt; (b) payment of the rate would cause the land owners hardship; (c) the assistance or encouragement of economic development of the whole or part of the city; (d) the preservation, restoration or maintenance of buildings or places of cultural, environmental, historic, heritage or scientiﬁc signiﬁcance to the city; (e) a factor prescribed under a regulation. ‘ (3) If the council remits a rate under subsection (1)(a) and a landowner of the class identiﬁed in the resolution has already paid the rate, the council must refund the overpaid amount. ‘ (4) A resolution for subsection (1)(b) may provide for any of the following, if the terms applicable to the payment of the rate stated in the resolution are not met— (a) the application of section 67 to the payment of the rate; (b) the immediate payment of the rate. ‘ (5) A rate identiﬁed in the resolution is taken to have been an overdue rate for the Local Government Act 1993 , chapter 14, part 7, division 3, 10 from the day it ﬁrst became an overdue rate if— (a) the rate is not paid as required under the resolution; and (b) the rate was an overdue rate before the resolution was made. 10 Local Government Act 1993 , chapter 14 (Rates and charges), part 7 (Recovery of rates), division 3 (Sale of land for overdue rates)

s 12 21 s 13 Local Government Legislation Amendment Act 2003 No. 2, 2003 ‘ (6) The council may exercise a power under subsection (1) for the period— (a) stated in the resolution; or (b) without limit of time while the owners of the land continue to be eligible for the beneﬁt conferred by the exercise of the power. ‘ (7) To remove any doubt, it is declared that the council may exercise the power whether or not the rate has been levied.’. 12 Amendment of s 80 (Limitation of increase in rate levied) Section 80(1)— omit, insert — ‘ (1) When the council resolves to make and levy a rate, it may also resolve that the amount levied will not be more than— (a) for all or stated classes of land on which the rate levied for the previous ﬁnancial year was for the full year—the amount of the rate levied for the previous ﬁnancial year increased by a stated percentage; or (b) for land on which the rate levied for the previous ﬁnancial year was for a period less than the full year—the amount worked out by— (i) reducing the amount of the rate levied for the previous ﬁnancial year to a daily amount; and (ii) multiplying the daily amount by 365.’. 13 Amendment of s 81 (Establishing criteria and categories) Section 81, after paragraph (b)— insert — ‘Example — If the categories decided by the council for rateable land are residential land, commercial and industrial land, grazing and livestock land, rural (sugar cane) land, rural (other) land, sugar milling land and other land, the criteria for the categories might be as follows— (a) for residential land—land used for residential purposes in particular urban centres, rural localities, park residential estates and coastal villages;

s 14 22 s 14 Local Government Legislation Amendment Act 2003 No. 2, 2003 (b) for commercial and industrial land—land used solely for commerce and industry in particular urban centres and rural localities, other than land used for manufacturing sugar or another rural production industry; (c) for grazing and livestock land—land— (i) used, for commercial purposes, for grazing and livestock; and (ii) to which a concession under the ValuationofLandAct1944 , section 17(1) applies; (d) for rural (sugar cane) land—land used for producing sugar cane; (e) for rural (other) land—land that is not— (i) in an urban centre or locality; or (ii) used for grazing and livestock; or (iii) rural (sugar cane) land or sugar milling land; (f) for sugar milling land—land used for manufacturing sugar; (g) for other land—land not mentioned in paragraphs (a) to (f).’. 14 Amendment of s 85 (Notice to owner of categorisation) (1) Section 85, from ‘A rate notice’ to ‘is levied’— omit, insert — ‘If the council resolves to make and levy a differential general rate, a rate notice mentioned in subsection (2)’. (2) Section 85— insert — ‘ (2) Subsection (1) applies to— (a) the ﬁrst rate notice given to the owner of the land during a ﬁnancial year; and (b) a later rate notice given to the owner of the land during the ﬁnancial year only if either of the following has changed since the previous rate notice was given to the owner— (i) the rating category in which the land is included; (ii) the owner of the land. ‘ (3) A statement including the information mentioned in subsection (1)(a) to (c) may be contained in or accompany any other rate notice.’.

s 15 23 s 15 Local Government Legislation Amendment Act 2003 No. 2, 2003 15 Insertion of new pt 4, div 1A After section 106— insert — ‘Division 1A—Revenue policy ‘106A Preparation and adoption of revenue policy ‘ (1) The council must, for each ﬁnancial year, prepare and, by resolution, adopt a revenue policy. ‘ (2) The council must ensure each revenue policy is prepared and adopted in enough time, before the start of the ﬁnancial year for which it is prepared, to allow preparation and adoption of a budget for the ﬁnancial year consistent with the policy. ‘ (3) When the policy is adopted by the council, it becomes the council’s revenue policy for the ﬁnancial year for which it is prepared. ‘106B Requirements and content of revenue policy ‘ (1) The council’s revenue policy, or an amendment of the policy, must comply with ﬁnancial management standards prescribed under section 127. 11 ‘ (2) The revenue policy must, if, under section 79A, 12 the council intends to remit rates or defer payment of rates for the ﬁnancial year, state the purpose of the remittance or deferral. ‘ (3) The council may, by resolution, amend its revenue policy for a ﬁnancial year at any time before the year ends. ‘106C Copies of revenue policy to be available for inspection and purchase ‘The council must— (a) ensure its revenue policy is open to inspection; and 11 Section 127 (Financial management standards) 12 Section 79A (Council may grant concessions to classes of land owners)

s 16 24 s 17 Local Government Legislation Amendment Act 2003 No. 2, 2003 (b) make copies available for purchase at its public ofﬁce at a price not more than the cost to the council of producing the copy and, if a copy is supplied to a purchaser by post, the cost of postage.’. 16 Amendment of s 108 (Content of budget documents) (1) Section 108(1)(d)— omit, insert — ‘(d) be accompanied by the council’s revenue statement for the ﬁnancial year; and (da) be developed consistently with the council’s revenue policy; and’. (2) Section 108(2)(c)— omit . 17 Insertion of new ss 109A and 109B After section 109— insert — ‘109A Adoption of revenue statement ‘The council must adopt, by resolution, a revenue statement for each ﬁnancial year before the start of the ﬁnancial year. ‘109B Requirements and content of revenue statement ‘ (1) The council’s revenue statement, or an amendment of the statement, must comply with ﬁnancial management standards prescribed under section 127. 13 ‘ (2) A revenue statement must state each of the following matters— (a) if the council makes and levies a differential general rate for the ﬁnancial year— (i) the categories into which rateable land in the city is to be categorised; and 13 Section 127 (Financial management standards)

s 18 25 s 19 Local Government Legislation Amendment Act 2003 No. 2, 2003 (ii) the criteria by which land is to be categorised; (b) if the council makes and levies a special rate or charge, for the ﬁnancial year, for a service, facility or activity supplied by another local government under arrangements entered into under the Local Government Act 1993 , section 59 14 —a summary of the terms of the arrangements; (c) if the council ﬁxes a regulatory fee for the ﬁnancial year—the criteria used to decide the amount of all regulatory fees ﬁxed for the year. ‘ (3) The council may, by resolution, amend its revenue statement for a ﬁnancial year at any time before the year ends.’. 18 Amendment of s 119 (Annual report) Section 119(3), after paragraph (a)— insert — ‘(aa) details of action taken in relation to, and expenditure on, a service, facility or activity— (i) for which the council made and levied a special rate or charge during the year; and (ii) supplied by another local government under arrangements entered into under the LocalGovernmentAct1993 , section 59; and’. 19 Insertion of new s 136 and new pt 6 After section 135— insert — ‘136 Application of certain provisions ‘This Act, as amended by sections 5(3), 7 and 15 to 18 of the Local Government Legislation Amendment Act 2003 , applies for the ﬁnancial year beginning on 1 July 2003 and each later ﬁnancial year. 14 Local Government Act 1993 , section 59 (Cooperation between local governments)

s 20 26 s 21 Local Government Legislation Amendment Act 2003 No. 2, 2003 ‘PART 6—TRANSITIONAL PROVISION ‘137 Transitional provision for Local Government Legislation Amendment Act 2003—general charges ‘ (1) A general charge relating to a matter mentioned in the LocalGovernmentAct1993 , section 1071A(1)(a)to(d), 15 (a “prescribed general charge” ) is taken to be a regulatory fee ﬁxed under section 1071A of that Act. ‘ (2) A general charge that is not a prescribed general charge is taken to be a charge made under section 6A. 16 ‘ (3) In this section— “general charge” means a charge ﬁxed by the council under section 59, before the commencement of the LocalGovernmentLegislationAmendment Act 2003 , section 4. 17 ’. PART 3—AMENDMENT OF INTEGRATED PLANNING ACT 1997 20 Act amended in pt 3 This part amends the Integrated Planning Act 1997 . 21 Amendment of s 5.1.5 (Fixing infrastructure charges) Section 5.1.5(1)— omit, insert — ‘ (1) A local government may, in the way stated in this division, ﬁx a charge for the capital cost of a development infrastructure item (an “infrastructure charge” ).’. 15 Local Government Act 1993 , section 1071A (Power to ﬁx regulatory fees) 16 Section 6A (Powers of council) 17 LocalGovernmentLegislation Amendment Act2003 , section 4 (Replacement of ss 48–59)

s 22 27 s 26 Local Government Legislation Amendment Act 2003 No. 2, 2003 PART 4—AMENDMENT OF LOCAL GOVERNMENT ACT 1993 22 Act amended in pt 4 and sch (1) This part amends the Local Government Act 1993. (2) The schedule also includes amendments of the LocalGovernmentAct 1993. 23 Amendment of s 10 (How local government Acts apply to Brisbane City Council) Section 10(a)— insert — ‘(xiv)to a local government’s land record includes a reference to a record of rateable land kept by the Brisbane City Council; and’. 24 Amendment of s 36 (General powers) Section 36(2)(c)— omit, insert — ‘(c) charge for services and facilities it supplies, other than a service or facility for which a regulatory fee may be ﬁxed; and’. 25 Amendment of s 50 (General powers) Section 50(2)(c)— omit, insert — ‘(c) charge for services and facilities it supplies, other than a service or facility for which a regulatory fee may be ﬁxed; and’. 26 Amendment of s 60F (Powers of joint board) Section 60F(2)(c)— omit, insert —

s 27 28 s 27 Local Government Legislation Amendment Act 2003 No. 2, 2003 ‘(c) charge for services and facilities it supplies, other than a service or facility for which a regulatory fee may be ﬁxed; and’. 27 Insertion of new ch 7, pt 2A Chapter 7— insert — ‘PART 2A—REVENUE POLICY ‘513A Preparation and adoption of revenue policy ‘ (1) A local government must, for each ﬁnancial year, prepare and, by resolution, adopt a revenue policy. ‘ (2) The local government must ensure each revenue policy is prepared and adopted in enough time, before the start of the ﬁnancial year for which it is prepared, to allow preparation and adoption of a budget for the ﬁnancial year consistent with the policy. ‘ (3) When the policy is adopted by the local government, it becomes the local government’s revenue policy for the ﬁnancial year for which it is prepared. ‘513B Requirements and content of revenue policy ‘ (1) A local government’s revenue policy, or an amendment of its revenue policy, must comply with the Local Government Finance Standards. ‘ (2) The revenue policy must, if, under section 1035A 18 , the local government intends to remit rates or defer payment of rates for the ﬁnancial year, state the purpose of the remittance or deferral. ‘ (3) A local government may, by resolution, amend its revenue policy for a ﬁnancial year at any time before the ﬁnancial year ends. 18 Section 1035A (Local government may grant concessions to classes of land owners)

s 28 29 s 29 Local Government Legislation Amendment Act 2003 No. 2, 2003 ‘513C Copies of revenue policy to be available for inspection and purchase ‘A local government must— (a) ensure its revenue policy is open to inspection; and (b) make copies available for purchase at its public ofﬁce at a price not more than the cost to the local government of producing the copy and, if a copy is supplied to a purchaser by post, the cost of postage.’. 28 Amendment of s 518 (Adoption of budget) (1) Section 518, heading, after ‘ budget ’— insert — ‘ and revenue statement ’. (2) Section 518(1)— omit, insert — ‘ (1) A local government must adopt, by resolution, for each ﬁnancial year— (a) a budget for its operating fund; and (b) a revenue statement.’. (3) Section 518(2), after ‘budget’— insert — ‘and revenue statement’. 29 Amendment of s 519 (Requirements of budgets) (1) Section 519(2)(a), ‘and operational plan’— omit, insert — ‘, operational plan and revenue policy’. (2) Section 519(2)— insert — ‘(d) must be accompanied by its revenue statement.’.

s 30 30 s 32 Local Government Legislation Amendment Act 2003 No. 2, 2003 30 Amendment of s 520 (Content of operating fund budgets) Section 520(1)(c)— omit . 31 Insertion of new s 520A After section 520— insert — ‘520A Requirements and content of revenue statement ‘ (1) A local government’s revenue statement, or an amendment of the statement, must comply with the Local Government Finance Standards. ‘ (2) A revenue statement must state each of the following matters— (a) if the local government makes and levies a differential general rate for the ﬁnancial year— (i) the categories into which rateable land in its area is to be categorised; and (ii) the criteria by which land is to be categorised; (b) if the local government makes and levies a special rate or charge, for the ﬁnancial year, for a service, facility or activity supplied by another local government under arrangements entered into under section 59 19 —a summary of the terms of the arrangements; (c) if the local government ﬁxes a regulatory fee for the ﬁnancial year—the criteria used to decide the amount of all regulatory fees ﬁxed for the year. ‘ (3) A local government may, by resolution, amend its revenue statement for a ﬁnancial year at any time before the year ends.’. 32 Amendment of s 524 (Budgets to be available for inspection and purchase) (1) Section 524, heading, after ‘ Budgets ’— insert — 19 Section 59 (Cooperation between local governments)

s 33 31 s 34 Local Government Legislation Amendment Act 2003 No. 2, 2003 ‘ and revenue statements ’. (2) Section 524(2)(a), after ‘budget’— insert — ‘and its revenue statement’. 33 Amendment of s 534 (Content of report about other issues of public interest) (1) Section 534(a)— omit, insert — ‘(a) details of action taken in relation to, and expenditure on, a service, facility or activity— (i) for which the local government made and levied a special rate or charge for the ﬁnancial year; and (ii) supplied by another local government under arrangements entered into under section 59; and’. (2) Section 534(e)— omit, insert — ‘(e) a summary of all rebates and concessions allowed by the local government in relation to rates; and’. 34 Insertion of new s 854B Chapter 12, part 1, division 2— insert — ‘854B Local laws and subordinate local laws about airport landing charges ‘ (1) To remove any doubt, it is declared that a local government may make a local law or subordinate local law giving the local government power to recover an airport landing charge from the holder of the certiﬁcate of registration issued for an aircraft under the Civil Aviation Regulations 1988 (Cwlth). ‘ (2) In this section—

s 35 32 s 36 Local Government Legislation Amendment Act 2003 No. 2, 2003 “aircraft” has the meaning given by the Civil Aviation Act 1988 (Cwlth), section 3. 20 “airport” means an aerodrome within the meaning of the Civil Aviation Act 1988 (Cwlth), section 3. “airport landing charge” means a charge made by the local government under section 36 21 or, for the Brisbane City Council, the CityofBrisbane Act 1924 , section 6A, 22 for the landing of an aircraft at an airport owned or operated by the local government.’. 35 Amendment of s 963 (Power to make and levy rates and charges) Section 963(2)— omit. 36 Amendment of s 967 (Minimum general rate levy) (1) Section 967(2)— omit, insert — ‘ (2) Subject to subsection (3) and sections 968 and 969, a local government may, for a ﬁnancial year, make and levy not more than 1 minimum general rate levy on rateable land. ‘ (2A) However, if a local government makes and levies a differential general rate for the ﬁnancial year, the local government— (a) may make and levy different minimum general rate levies on rateable land in different categories; but (b) must not make and levy more than 1 minimum general rate levy for rateable land in a category.’. (2) Section 967(2A) and (3)— renumber as section 967(3) and (4). 20 Civil Aviation Act 1988 (Cwlth), section 3 (Interpretation) 21 Section 36 (General powers) 22 City of Brisbane Act 1924 , section 6A (Powers of council)

s 37 33 s 39 Local Government Legislation Amendment Act 2003 No. 2, 2003 37 Amendment of s 971 (Special rates and charges) (1) Section 971— insert— ‘ (2A) The local government may ﬁx a minimum amount of a special rate.’. (2) Section 971(7), from ‘whether’— omit, insert — ‘whether or not supplied or undertaken by the local government itself, including a service, facility or activity supplied or undertaken by another local government— (a) in the other local government’s area; and (b) under arrangements entered into, under section 59, 23 by the local governments.’. 38 Amendment of s 971A (Adjustment of special rates and charges) (1) Section 971A(4), after ‘must’— insert — ‘, as soon as practicable after the plan is implemented or the decision is made,’. (2) Section 971A— insert— ‘ (5) However, subsection (4) does not apply if section 971B applies to the remaining funds.’. 39 Insertion of new s 971B After section 971A— insert — ‘971B Refund of special rates and charges—special circumstances ‘ (1) This section applies if— 23 Section 59 (Cooperation between local governments)

s 40 34 s 41 Local Government Legislation Amendment Act 2003 No. 2, 2003 (a) the local government decides not to fully implement an overall plan that has been partly implemented; and (b) the local government has funds received from a special rate or charge remaining; and (c) the plan identiﬁes, for different stages of its implementation, the rateable land, or occupiers of the land, that will beneﬁt from, or have access to, the service, facility or activity. ‘ (2) As soon as practicable after making the decision, the local government must pay the remaining funds, in the reasonable proportions decided by the local government by resolution, to the current owners of the land on which the special rate or charge was levied. ‘ (3) The local government must decide the proportions having regard to the following— (a) the proportions in which the rate or charge has been levied on each parcel of rateable land; (b) the extent to which the land, or its occupiers, beneﬁts from, or has access to, the service, facility or activity.’. 40 Amendment of s 972 (Separate rates and charges) (1) Section 972(1), after ‘activity’— insert— ‘in the way it considers appropriate’. (2) Section 972— insert— ‘ (1A) The local government may ﬁx a minimum amount of a separate rate.’. (3) Section 972(1A) and (2)— renumber as section 972(2) and (3). 41 Amendment of s 973 (Utility charges) Section 973(3)— omit, insert —

s 42 35 s 44 Local Government Legislation Amendment Act 2003 No. 2, 2003 ‘ (3) A local government may, under section 973AA, make and levy a utility charge for supplying water or sewerage services before construction of the facilities for supplying the services is completed.’. 42 Insertion of new s 973AA After section 973— insert — ‘973AA Utility charges for facilities under construction ‘ (1) A local government may, for a ﬁnancial year, make and levy a utility charge for supplying water or sewerage services before construction of the facilities for supplying the services is completed if, when the charge is made and levied— (a) either— (i) construction of the facilities has started; or (ii) the local government intends that construction of the facilities will start during the ﬁnancial year and has included, in its budget for the year, the funds necessary for construction to start; and (b) the local government reasonably believes the services will be supplied within the next ﬁnancial year. ‘ (2) The utility charge is not invalid merely because the services are not supplied within the next ﬁnancial year because of circumstances beyond the local government’s control.’. 43 Omission of ss 974 and 975 Sections 974 and 975— omit. 44 Amendment of s 977 (Establishing criteria and categories) Section 977, after paragraph (b)— insert —

s 45 36 s 45 Local Government Legislation Amendment Act 2003 No. 2, 2003 ‘Example — If the categories decided by a local government for rateable land are residential land, commercial and industrial land, grazing and livestock land, rural (sugar cane) land, rural (other) land, sugar milling land and other land, the criteria for the categories might be as follows— (a) for residential land—land used for residential purposes in particular urban centres, rural localities, park residential estates and coastal villages; (b) for commercial and industrial land—land used solely for commerce and industry in particular urban centres and rural localities, other than land used for manufacturing sugar or another rural production industry; (c) for grazing and livestock land—land— (i) used, for commercial purposes, for grazing and livestock; and (ii) to which a concession under the ValuationofLandAct1944 , section 17(1) applies; (d) for rural (sugar cane) land—land used for producing sugar cane; (e) for rural (other) land—land that is not— (i) in an urban centre or locality; or (ii) used for grazing and livestock; or (iii) rural (sugar cane) land or sugar milling land; (f) for sugar milling land—land used for manufacturing sugar; (g) for other land—land not mentioned in paragraphs (a) to (f).’. 45 Amendment of s 983 (Notice to owner of categorisation) (1) Section 983(1)— omit, insert — ‘ (1) If a local government resolves, for a ﬁnancial year, to make and levy a differential general rate on land, a rate notice mentioned in subsection (2) must contain or be accompanied by a statement that complies with subsection (3). ‘ (1A) Subsection (1) applies to— (a) the ﬁrst rate notice given to the owner of the land during the ﬁnancial year; and (b) a later rate notice given to the owner of the land during the ﬁnancial year only if either of the following has changed since the previous rate notice was given to the owner— (i) the rating category in which the land is included; (ii) the owner of the land.’.

s 46 37 s 48 Local Government Legislation Amendment Act 2003 No. 2, 2003 (2) Section 983— insert — ‘ (3) A statement including the information mentioned in subsection (3) may be contained in or accompany any other rate notice.’. (3) Section 983(1A) to (3)— renumber as section 983(2) to (4). 46 Amendment and relocation of s 997 (Resolution to remove valueless land from land record) (1) Section 997(1)(b)— omit, insert— ‘(b) the overdue rates total more than— (i) the unimproved value of the land; or (ii) the market value of the land; and’. (2) Section 997(1)(c), before ‘the land’— insert— ‘if paragraph (b)(i) applies—’. (3) Section 997(2), ‘part 7, division 4’— omit, insert — ‘this division’. (4) Section 997— relocate and renumber as section 1051A. 47 Relocation of s 998 (Restoration of valueless land to land record) Section 998— relocate and renumber as section 1052A. 48 Amendment of s 1004 (Notice of sale of land) Section 1004— insert —

s 49 38 s 50 Local Government Legislation Amendment Act 2003 No. 2, 2003 ‘ (4) A notice mentioned in subsection (3)(a) must state each of the following— (a) the date of the sale; (b) the description of the land; (c) the full name and address of the vendor; (d) the full name and address of the land’s owner after the sale.’. 49 Insertion of new s 1006A After section 1006— insert— ‘1006A Notice of sale or change in ownership by new owner ‘ (1) If land is sold or ownership of land changes, the person who becomes the owner of the land immediately after the sale or change (the “new owner” ), or an agent of the new owner, may give the local government concerned written notice stating each of the following— (a) the date of the change; (b) the nature of the change; (c) the description of the land; (d) the full name and address of the land’s owner before the change; (e) the full name and address of the new owner. ‘ (2) If the local government is satisﬁed of the sale or change— (a) it may record the new owner in its land record for levying rates; and (b) the new owner is the owner of the land for sections 1010 and 1011.’. 50 Amendment of s 1007 (Result of failure to give notice of change in ownership) Section 1007(a)— omit, insert —

s 51 39 s 52 Local Government Legislation Amendment Act 2003 No. 2, 2003 ‘(a) is liable for payment of all rates levied on the land, and all interest accrued, before the earlier of the following, as if no change in ownership had happened— (i) the notice is given to the local government; (ii) the local government records a sale or change in ownership under section 1006A; and’. 51 Amendment of s 1008 (Levying rates) (1) Section 1008(1), ‘A rate may be levied’— omit, insert — ‘A local government may levy a rate’. (2) Section 1008(1)(b), after ‘case—’— insert— ‘the person recorded in the local government’s land record as’. (3) Section 1008(2A)(a)— omit, insert — ‘(a) if the local government has decided 1 or more discount dates or 1 or more discount periods for payment of the rate— (i) the discount or information about how the discount is calculated; and (ii) whether the discount is to be allowed only if either or both of the following amounts are paid before any of the discount dates, or within any of the discount periods, for the rates— (A) another stated rate; or (B) an amount, including any interest on the amount, payable for work performed by the local government under section 1066; and’. 52 Amendment of s 1015 (Payment by instalments) (1) Section 1015(3), after ‘last day’— insert — ‘(the “due date” )’.

s 53 40 s 54 Local Government Legislation Amendment Act 2003 No. 2, 2003 (2) Section 1015(4)— omit, insert — ‘ (4) However, if the unpaid instalment was an overdue rate before the resolution was made, the unpaid instalment is taken to have been an overdue rate for part 7, division 3, 24 from the day it ﬁrst became an overdue rate. ‘ (5) Subsection (4) applies despite section 1016. ‘ (6) In this section— “default day” means the day after the due date.’. 53 Amendment of s 1016 (Meaning of “overdue rate”) (1) Section 1016, ‘or 1032’— omit, insert — ‘, 1032 or 1035A’. (2) Section 1016— insert — ‘(d) the terms stated in a resolution under section 1035A.’. 54 Amendment of s 1019 (Discount for prompt payment) (1) Section 1019(2)— insert— ‘(ca) whether the discount is to be allowed only if— (i) another rate is paid before the discount date, or within the discount period, for the rate or other rate; or (ii) an amount, including any interest on the amount, is not payable for work performed by the local government under section 1066; and’. (2) Section 1019(2)(ca) and (d)— renumber as section 1019(2)(d) and (e). 24 Part 7 (Recovery of rates), division 3 (Sale of land for overdue rates)

s 55 41 s 56 Local Government Legislation Amendment Act 2003 No. 2, 2003 55 Amendment of s 1031 (Remission, composition and settlement of rates) (1) Section 1031(3), after ‘last day’— insert — ‘(the “due date” )’. (2) Section 1031(4)— omit, insert — ‘ (4) However, if the unpaid amount was an overdue rate before the arrangement was entered into, the unpaid amount is taken to have been an overdue rate for part 7, division 3, 25 from the day it ﬁrst became an overdue rate. ‘ (4A) Subsection (4) applies despite section 1016. 26 ‘ (4B) For this section— “default day” means the day after the due date.’. (3) Section 1031(4A) to (5)— renumber as section 1031(5) to (7). 56 Amendment of s 1032 (Deferral of liability to pay rates) (1) Section 1032(4), after ‘last day’— insert — ‘(the “due date” )’. (2) Section 1032(5)— omit, insert — ‘ (5) However, if the unpaid amount was an overdue rate before the arrangement was entered into, the unpaid amount is taken to have been an overdue rate for part 7, division 3, 27 from the day it ﬁrst became an overdue rate. 25 Part 7 (Recovery of rates), division 3 (Sale of land for overdue rates) 26 Section 1016 (Meaning of “overdue rate”) 27 Part 7 (Recovery of rates), division 3 (Sale of land for overdue rates)

s 57 42 s 58 Local Government Legislation Amendment Act 2003 No. 2, 2003 ‘ (5A) Subsection (5) applies despite section 1016. 28 ‘ (5B) For this section— “default day” means the day after the due date.’. (3) Section 1032(5A) to (6)— renumber as section 1032(6) to (8). 57 Amendment of s 1035 (Conditions on exercise of concession powers) Section 1035— insert — ‘ (3) To remove any doubt, it is declared that a local government may exercise a power whether or not the rate has been levied.’. 58 Insertion of new ch 14, pt 6, div 2 After section 1035— insert — ‘Division 2—Concessions for classes of land owners ‘1035A Local government may grant concessions to classes of land owners ‘ (1) A local government may, by resolution, do any of the following for land owners of a class identiﬁed in the resolution— (a) remit, wholly or partly, a rate; (b) defer payment of a rate until a stated time. ‘ (2) A local government may exercise a power under subsection (1) only if the local government is satisﬁed the exercise is justiﬁed by any of the following circumstances or factors— (a) the land owners are— (i) pensioners; or 28 Section 1016 (Meaning of “overdue rate”)

s 58 43 s 58 Local Government Legislation Amendment Act 2003 No. 2, 2003 (ii) entities whose objects do not include the making of proﬁt; or (iii) entities providing assistance or encouragement for the arts or cultural development; (b) payment of the rate would cause the land owners hardship; (c) the assistance or encouragement of economic development of the whole or part of the area; (d) the preservation, restoration or maintenance of structures or places of cultural, environmental, historic, heritage or scientiﬁc signiﬁcance to the local government’s area; (e) circumstances and factors prescribed under a regulation. ‘ (3) If the local government remits a rate under subsection (1)(a) and a landowner of the class identiﬁed in the resolution has already paid the rate, the local government must refund the overpaid amount. ‘ (4) A resolution for subsection (1)(b) may provide for any of the following, if an amount identiﬁed in the resolution is not paid by the last day (the “due date” ) of the period stated in the resolution as the period within which the amount is payable— (a) on the default day, for part 5, division 3 29 — (i) the unpaid amount becomes an overdue rate; or (ii) the unpaid amount and all other amounts (the “remaining amounts” ) the payment of which is provided for under the resolution and that have not been paid become an overdue rate; (b) the unpaid amount, or the unpaid amount and all remaining amounts, may bear interest as an overdue rate from the default day, or a later day decided by the local government, under section 1018. 30 ‘ (5) However, if the unpaid amount was an overdue rate before the resolution was made, the unpaid amount is taken to have been an overdue rate for part 7, division 3, 31 from the day it ﬁrst became an overdue rate. 29 Part 5 (Levying and payment of rates), division 3 (Overdue rates) 30 Section 1018 (Overdue rates may bear interest) 31 Part 7 (Recovery of rates), division 3 (Sale of land for overdue rates)

s 59 44 s 59 Local Government Legislation Amendment Act 2003 No. 2, 2003 ‘ (6) Subsection (5) applies despite section 1016. 32 ‘ (7) A local government may exercise a power under subsection (1) for the period— (a) stated in the resolution; or (b) without limit of time while the owners of the land continue to be eligible for the beneﬁt conferred by the exercise of the power. ‘ (8) To remove any doubt, it is declared that a local government may exercise the power whether or not the rate has been levied. ‘ (9) In this section— “default day” means the day after the due date.’. 59 Amendment of s 1036 (Limitation of increase in rate levied) Section 1036(1)— omit, insert — ‘ (1) When a local government resolves to make and levy a rate, it also may resolve that the amount levied will not be more than— (a) for all or stated classes of land on which the rate levied for the previous ﬁnancial year was for the full year— (i) the amount of the rate levied for the previous ﬁnancial year; or (ii) the amount of the rate levied for the previous ﬁnancial year increased by a stated percentage; or (b) for land on which the rate levied for the previous ﬁnancial year was for a period less than the full year—the amount worked out by— (i) reducing the amount of the rate levied for the previous ﬁnancial year to a daily amount; and (ii) multiplying the daily amount by 365.’. 32 Section 1016 (Meaning of “overdue rate”)

s 60 45 s 62 Local Government Legislation Amendment Act 2003 No. 2, 2003 60 Insertion of new s 1037A Chapter 14, part 7, division 2— insert— ‘1037A Registering charge over land ‘ (1) An overdue rate is a charge on the land on which the rate was levied. ‘ (2) The local government may lodge a request to register the charge in the appropriate form over the land with the registrar of titles. ‘ (3) The request must be accompanied by a certiﬁcate signed by the local government’s chief executive ofﬁcer stating the overdue rate is a charge over the land under this section. ‘ (4) The charge is in addition to any other remedy the local government has for recovery of the overdue rate. ‘ (5) The local government must, as soon as practicable after payment of the overdue rate, lodge with the registrar— (a) a request to release the charge in the appropriate form; and (b) a certiﬁcate stating that the overdue rate has been paid.’. 61 Amendment of s 1038 (Recovery by court action) (1) Section 1038(1)— omit, insert— ‘ (1) Overdue rates may be recovered by a proceeding for debt brought in a court of competent jurisdiction by the local government .’. (2) Section 1038— insert — ‘ (4) If, in a proceeding under subsection (1), the court orders a person against whom judgment is awarded to pay all or part of the local government’s costs, the amount of the costs ordered is, from the date of the judgment, taken to be an overdue rate for section 1037A and division 3.’. 62 Amendment of s 1039 (Application of division) Section 1039, from ‘3 years’— omit, insert —

s 63 46 s 66 Local Government Legislation Amendment Act 2003 No. 2, 2003 ‘the following period— (a) for a rate levied on a mining claim—3 months; (b) for a rate levied on vacant land or land used solely for commercial purposes for which the local government has obtained judgment—1 year; (c) for another rate—3 years.’. 63 Amendment of s 1044 (Reserve price at auction) Section 1044(3)— omit . 64 Amendment of s 1051 (Purpose of this division) Section 1051(1)— omit, insert — ‘ (1) This division states how a local government may— (a) remove valueless land from its land record; and (b) acquire the valueless land.’. 65 Amendment of s 1068 (Cost of work a charge over land) Section 1068— insert — ‘ (7) The local government must, as soon as practicable after payment of the unpaid amount, lodge with the registrar— (a) a request to release the charge in the appropriate form; and (b) a certiﬁcate stating that the unpaid amount has been paid.’. 66 Insertion of new ch 15, pt 4, div 2A Chapter 15, part 4— insert —

s 66 47 s 66 Local Government Legislation Amendment Act 2003 No. 2, 2003 ‘Division 2A—Regulatory fees ‘1071A Power to ﬁx regulatory fees ‘ (1) A local government may, by local law or resolution, ﬁx a fee (a “regulatory fee” ) for any of the following— (a) an application for, or the issue of, an approval, consent, licence, permission, registration or other authority under a local government Act; (b) recording a change of ownership of land; (c) giving information kept under a local government Act; (d) seizing property or animals under a local government Act. ‘ (2) A regulatory fee must not be more than the cost to the local government of providing the service or taking the action for which the fee is charged. ‘ (3) However, subsection (2) does not apply to the extent the regulatory fee includes a tax component under this division. ‘ (4) A local government may ﬁx a regulatory fee by resolution even if a corresponding fee had previously been ﬁxed by local law. ‘1071B Regulation may prescribe circumstances in which regulatory fee can include tax ‘ (1) A regulation may prescribe circumstances in which a regulatory fee mentioned in section 1071A(1)(a) (a “prescribed regulatory fee” ) may include an amount that is a tax (a “tax component” ). ‘ (2) The regulation must state the purposes for which the prescribed regulatory fee may include the tax component. ‘1071C Requirements of local law or resolution ﬁxing regulatory fee including tax component ‘ (1) A prescribed regulatory fee may include a tax component only— (a) in the circumstances and for a purpose prescribed under a regulation made under section 1071B; and (b) if the local government resolves that the purpose of the tax component beneﬁts its local government area.

s 67 48 s 67 Local Government Legislation Amendment Act 2003 No. 2, 2003 ‘ (2) The local law or resolution ﬁxing the prescribed regulatory fee must state the amount and purpose of the tax component. ‘1071D Tax component of prescribed regulatory fees applies only to rateable land ‘If a local government ﬁxes a prescribed regulatory fee that includes a tax component and is payable in relation to land, the tax component of the fee applies only in relation to rateable land. ‘1071E Register of regulatory fees ‘ (1) A local government must keep a register of its regulatory fees. ‘ (2) The register is open to inspection. ‘ (3) The register must identify— (a) for each regulatory fee—the paragraph of section 1071A(1) under which the fee is ﬁxed; and (b) for a regulatory fee ﬁxed under— (i) section 1071A(1)(a)—the provision of the local government Act under which the approval, consent, licence, permission, registration or other authority is applied for or issued; or (ii) section 1071A(1)(c)—the provision of the local government Act under which the information is kept; or (iii) section 1071A(1)(d)—the provision of the local government Act under which the property or animals are seized.’. 67 Insertion of new s 1205A Chapter 18, part 2— insert — ‘1205A Application of certain provisions ‘This Act, as amended by sections 27 to 33, 51(3) and 54 of the Local Government Legislation Amendment Act 2003 , applies for the ﬁnancial year beginning on 1 July 2003 and each later ﬁnancial year.’.

s 68 49 s 68 Local Government Legislation Amendment Act 2003 No. 2, 2003 68 Insertion of new ch 19, pt 8 Chapter 19— insert — ‘PART 8—TRANSITIONAL PROVISION FOR LOCAL GOVERNMENT LEGISLATION AMENDMENT ACT 2003 ‘1271 Continuation of general charges and former register of general charges ‘ (1) A general charge relating to a matter mentioned in section 1071A(1)(a) to (d) 33 (a “prescribed general charge” ) is taken to be a regulatory fee ﬁxed under section 1071A. ‘ (2) A general charge that is not a prescribed general charge is taken to be a charge made under section 36. 34 ‘ (3) A local government’s register of general charges is taken to be a register of regulatory fees for section 1071E 35 to the extent it contains a record of a prescribed general charge. ‘ (4) On or before 31 December 2003, a local government must— (a) identify each fee or charge that is— (i) not a prescribed general charge; and (ii) recorded in its register of regulatory fees; and (b) remove the records of the identiﬁed fees or charges from the register. ‘ (5) Subsections (3) and (4) apply to the Brisbane City Council. ‘ (6) In this section— “general charge” means— (a) for the Brisbane City Council—a charge ﬁxed by the council under the CityofBrisbaneAct1924 , section 59, before the 33 Section 1071A (Power to ﬁx regulatory fees) 34 Section 36 (General powers) 35 Section 1071E (Register of regulatory fees)

s 69 50 s 70 Local Government Legislation Amendment Act 2003 No. 2, 2003 commencement of the LocalGovernmentLegislationAmendment Act 2003 , section 4; 36 or (b) for another local government—a charge ﬁxed by a local government under section 974, before the commencement of the LocalGovernmentLegislationAmendmentAct2003 , section 43, 37 for services and facilities supplied by the local government. “register of general charges” means— (a) for the Brisbane City Council—the record of general charges kept by the council before the commencement of the LocalGovernment Legislation Amendment Act 2003 , section 4; or (b) for any other local government—the register of general charges kept by the local government under section 975, before the commencement of the LocalGovernmentLegislationAmendment Act 2003 , section 43.’. PART 5—AMENDMENT OF LOCAL GOVERNMENT (CHINATOWN AND THE VALLEY MALLS) ACT 1984 69 Act amended in pt 5 This part amends the LocalGovernment(ChinatownandTheValleyMalls) Act 1984 . 70 Amendment of s 3 (Interpretation) Section 3— insert — 36 LocalGovernmentLegislation Amendment Act2003 , section 4 (Replacement of ss 48–59) 37 Local Government Legislation Amendment Act 2003 , section 43 (Omission of ss 974 and 975)

s 71 51 s 73 Local Government Legislation Amendment Act 2003 No. 2, 2003 ‘ “authorised person” means a person appointed by the council as an authorised person under the Local Government Act 1993 , chapter 15, part 5. 38 “operator” , of a vehicle, includes— (a) the person in whose name the vehicle is registered under the Transport Operations (Road Use Management) Act 1995 or the Act of another State that corresponds to that Act; and (b) a person who has the use or control of the vehicle under a hiring agreement, hire purchase agreement or leasing arrangement, other than a driver of the vehicle provided as part of a hiring agreement.’. 71 Amendment of s 6 (Restricted trafﬁc on mall) Section 6, penalty, ‘$500’— omit, insert — ‘6 penalty units’. 72 Amendment of s 8 (Closure of road) Section 8(3), penalty, ‘$500’— omit, insert — ‘6 penalty units’. 73 Insertion of new ss 16–16C After section 15— insert — ‘16 Removal or moving of vehicles in mall area ‘ (1) This section applies if an authorised person is satisfied on reasonable grounds that— (a) a vehicle has been— 38 Local Government Act 1993 , chapter 15 (Provisions aiding local government), part 5 (Enforcement of local government Acts)

s 73 52 s 73 Local Government Legislation Amendment Act 2003 No. 2, 2003 (i) abandoned in any part of a mall area; or (ii) left in a mall area unattended, whether temporarily or otherwise, for a time or in a place, condition, way or circumstances where its presence is hazardous; or (iii) found in a mall area in a place, condition, way or circumstances where its presence is hazardous or contravenes this Act; and (b) if paragraph (a)(ii) or (iii) applies—the person who is or appears to be in control of the vehicle— (i) can not readily be located; or (ii) has failed to immediately remove the vehicle when required by the authorised person to do so. ‘ (2) For subsection (1), the presence of a vehicle is hazardous if it is preventing, hindering or obstructing, or is likely to prevent, hinder or obstruct, the use of the mall or a part of the mall for a lawful purpose. ‘ (3) The authorised person may do any of the following— (a) remove the vehicle from the mall area and keep it at a safe place; (b) move the vehicle, with the consent of the person who is or appears to be in control of the vehicle, to another place within the mall area. Example of ‘move the vehicle’ for paragraph (b) — Shunting or bumping the vehicle using a modiﬁed vehicle that has a padded attachment at the front. ‘16A Notice to operator if vehicle removed from mall area ‘ (1) Within 14 days after the removal of a vehicle from the mall area under section 16(3)(a), the town clerk must, unless possession of the vehicle has already been delivered under section 16B, give written notice of the vehicle’s removal. ‘ (2) The notice must be given— (a) if the operator of the vehicle can be identiﬁed— (i) if practicable, personally or by post to the operator; or (ii) if subparagraph (i) does not apply—by advertising it in a newspaper circulating in the city; or

s 73 53 s 73 Local Government Legislation Amendment Act 2003 No. 2, 2003 (b) if the operator of the vehicle can not be identiﬁed—by advertising it in a newspaper circulating in the city. ‘ (3) However, subsection (2)(b) does not apply if the cost of giving the notice is more than the value of the vehicle. ‘ (4) The notice must state each of the following— (a) a description of the vehicle; (b) the date, time and place the vehicle was removed; (c) where the vehicle is kept; (d) how the operator or a person entitled to possession of the vehicle may obtain possession of it; (e) that the vehicle may be sold if the operator or a person entitled to possession of the vehicle does not obtain possession of it within 28 days after the date the notice is given. ‘16B Requirements for return of vehicle ‘ (1) The town clerk may deliver possession of the vehicle to a person mentioned in subsection (3) only if— (a) the person has applied in writing to the town clerk for the release of the vehicle; and (b) the applicant has provided proof, to the town clerk’s satisfaction— (i) that the applicant is the operator, or is entitled to possession, of the vehicle; or (ii) if the applicant is acting on behalf of the operator—of the applicant’s authority to act on behalf of the operator; and (c) the applicant has paid all reasonable expenses incurred by the council in connection with— (i) removing and keeping the vehicle; and (ii) giving a notice about the removal and keeping, or intended sale, of the vehicle; and (d) the applicant has signed a receipt for the delivery of the vehicle. ‘ (2) If the town clerk refuses the application, the town clerk must give the applicant written notice stating the following—

s 73 54 s 73 Local Government Legislation Amendment Act 2003 No. 2, 2003 (a) the decision; (b) the reasons for the decision; (c) that the applicant may appeal against the decision to a Magistrates Court within 28 days; (d) how the person may appeal against the decision. ‘ (3) For subsection (1), the persons are as follows— (a) the operator of the vehicle; (b) a person acting on behalf of the operator; (c) a person claiming a right to possession of the vehicle. ‘16C Sale of vehicle removed from mall ‘ (1) This section applies if— (a) the town clerk has not delivered possession of the vehicle under section 16B within 28 days after the date notice is given under section 16A; or (b) each of the following applies— (i) the town clerk has not delivered possession of the vehicle under section 16B; (ii) an application has been made under section 16B for the return of the vehicle; (iii) the town clerk has refused the application; (iv) the period allowed for an appeal against the decision has ended or the appeal has been decided. ‘ (2) The town clerk may, by notice published in a newspaper circulating in the city, advertise that the council will offer the vehicle for sale by public auction on the day and at the time and place stated in the advertisement. ‘ (3) The day stated in the advertisement must not be earlier than 14 days after the day the notice is advertised. ‘ (4) The council may offer the vehicle for sale by public auction on the day and at the time and place stated in the advertisement. ‘ (5) If no offer for the vehicle is received at the auction, the council may dispose of the vehicle in the way and on the conditions decided by the town clerk.

s 74 55 s 74 Local Government Legislation Amendment Act 2003 No. 2, 2003 ‘ (6) The proceeds of the sale or disposal of the vehicle must be applied as follows— (a) ﬁrstly, in payment of the expenses of the sale or disposal; (b) secondly, in payment of the costs of— (i) removing and keeping the vehicle; and (ii) giving a notice under section 16A; (c) thirdly— (i) in payment to the owner of the vehicle; or (ii) if the owner can not be identiﬁed after reasonable inquiry—in payment into the city fund. ‘ (7) The council may deal with any goods, equipment or thing in or on the vehicle when it is removed in the same way as the council may deal with the vehicle under this section. ‘ (8) However, any perishable goods in or on the vehicle when it is removed must be disposed of in the way directed by the town clerk. ‘ (9) Any proceeds of the disposal must be applied in accordance with subsection (6).’. 74 Insertion of new pt 3A After section 18— insert — ‘PART 3A—APPEALS ‘19 Who may appeal ‘A person who is dissatisfied with a decision of the town clerk to refuse to deliver possession of a vehicle to the person under section 16B may appeal against the decision to a Magistrates Court. ‘19A How to start appeal ‘ (1) An appeal is started by— (a) ﬁling notice of appeal with the clerk of the court of the Magistrates Court at Brisbane; and

s 74 56 s 74 Local Government Legislation Amendment Act 2003 No. 2, 2003 (b) giving a copy of the notice to the council within 7 days after the notice is ﬁled. ‘ (2) The notice of appeal must be filed within 28 days after the appellant receives notice of the decision. ‘ (3) The notice of appeal must state fully the grounds of the appeal and the facts relied on. ‘19B Stay of decision ‘ (1) The Magistrates Court may grant a stay of the decision appealed against to secure the effectiveness of the appeal. ‘ (2) The stay— (a) may be given on the conditions the court considers appropriate; and (b) operates for the period ﬁxed by the court; and (c) may be revoked or amended by the court. ‘ (3) The period of the stay must not extend past the time when the court decides the appeal. ‘ (4) The appeal affects the decision, or carrying out of the decision, only if the decision is stayed. ‘19C Powers of Magistrates Court ‘ (1) In deciding the appeal, the Magistrates Court— (a) has the same powers as the town clerk; and (b) is not bound by the rules of evidence; and (c) must comply with natural justice. ‘ (2) The appeal is by way of rehearing unaffected by the decision appealed against on the material before the town clerk and any further evidence allowed by the court. ‘ (3) The court may— (a) conﬁrm the decision; or (b) set aside the decision and substitute another decision; or

s 75 57 s 77 Local Government Legislation Amendment Act 2003 No. 2, 2003 (c) set aside the decision and return the issue to the town clerk with the directions the court considers appropriate. ‘19D Effect of Magistrates Court’s decision ‘If the Magistrates Court substitutes another decision, the substituted decision is, for this Act, other than this part, taken to be the decision of the town clerk. ‘19E Appeal to District Court ‘An appeal to the District Court from a decision of the Magistrates Court may be made only on a question of law.’. 75 Omission of pt 5 (Recovery of penalties by notices) Part 5— omit. 76 Amendment of s 39 (Appeal against council’s decision etc.) Section 39(1)(a), ‘, other than part 5,’— omit . 77 Insertion of new s 47 Part 6— insert — ‘47 References in local law to authorised ofﬁcer ‘ (1) A reference in a local law in force immediately before the repeal provision commences to a person who is an authorised ofﬁcer for part 5 is taken to be a reference to an authorised person. ‘ (2) This section expires 2 years after the day the repeal provision commences. ‘ (3) In this section—

s 78 58 s 80 Local Government Legislation Amendment Act 2003 No. 2, 2003 “repeal provision” means the Local Government Legislation AmendmentAct 2003 , section 75. 39 ’. PART 6—AMENDMENT OF LOCAL GOVERNMENT (QUEEN STREET MALL) ACT 1981 78 Act amended in pt 6 This part amends the Local Government (Queen Street Mall) Act 1981 . 79 Amendment of s 3 (Interpretation) Section 3— insert — ‘ “authorised person” means a person appointed by the council as an authorised person under the Local Government Act 1993 , chapter 15, part 5. 40 “operator” , of a vehicle, includes— (a) the person in whose name the vehicle is registered under the Transport Operations (Road Use Management) Act 1995 or the Act of another State that corresponds to that Act; and (b) a person who has the use or control of the vehicle under a hiring agreement, hire purchase agreement or leasing arrangement, other than a driver of the vehicle provided as part of a hiring agreement.’. 80 Amendment of s 6 (Restricted trafﬁc on mall) Section 6, penalty, ‘$500’— 39 Local Government Legislation Amendment Act 2003 , section 75 (Omission of pt 5 (Recovery of penalties by notices)) 40 Local Government Act 1993 , chapter 15 (Provisions aiding local government), part 5 (Enforcement of local government Acts)

s 81 59 s 82 Local Government Legislation Amendment Act 2003 No. 2, 2003 omit, insert — ‘6 penalty units’. 81 Amendment of s 8 (Offence to contravene notiﬁcation) Section 8, penalty, ‘$500’— omit, insert — ‘6 penalty units’. 82 Insertion of new ss 11–11C After section 10— insert — ‘11 Removal or moving of vehicles in mall area ‘ (1) This section applies if an authorised person is satisfied on reasonable grounds that— (a) a vehicle has been— (i) abandoned in any part of the mall area; or (ii) left in the mall area unattended, whether temporarily or otherwise, for a time or in a place, condition, way or circumstances where its presence is hazardous; or (iii) found in the mall area in a place, condition, way or circumstances where its presence is hazardous or contravenes this Act; and (b) if paragraph (a)(ii) or (iii) applies—the person who is or appears to be in control of the vehicle— (i) can not readily be located; or (ii) has failed to immediately remove the vehicle when required by the authorised person to do so. ‘ (2) For subsection (1), the presence of a vehicle is hazardous if it is preventing, hindering or obstructing, or is likely to prevent, hinder or obstruct, the use of the mall or a part of the mall for a lawful purpose. ‘ (3) The authorised person may do any of the following— (a) remove the vehicle from the mall area and keep it at a safe place;

s 82 60 s 82 Local Government Legislation Amendment Act 2003 No. 2, 2003 (b) move the vehicle, with the consent of the person who is or appears to be in control of the vehicle, to another place within the mall area. Example of ‘move the vehicle’ for paragraph (b) — Shunting or bumping the vehicle using a modiﬁed vehicle that has a padded attachment at the front. ‘11A Notice to operator if vehicle removed from mall area ‘ (1) Within 14 days after the removal of a vehicle from the mall area under section 11(3)(a), the town clerk must, unless possession of the vehicle has already been delivered under section 11B, give written notice of the vehicle’s removal. ‘ (2) The notice must be given— (a) if the operator of the vehicle can be identiﬁed— (i) if practicable, personally or by post to the operator; or (ii) if subparagraph (i) does not apply—by advertising it in a newspaper circulating in the city; or (b) if the operator of the vehicle can not be identiﬁed—by advertising it in a newspaper circulating in the city. ‘ (3) However, subsection (2)(b) does not apply if the cost of giving the notice is more than the value of the vehicle. ‘ (4) The notice must state each of the following— (a) a description of the vehicle; (b) the date, time and place the vehicle was removed; (c) where the vehicle is kept; (d) how the operator or a person entitled to possession of the vehicle may obtain possession of it; (e) that the vehicle may be sold if the operator or a person entitled to possession of the vehicle does not obtain possession of it within 28 days after the date the notice is given.

s 82 61 s 82 Local Government Legislation Amendment Act 2003 No. 2, 2003 ‘11B Requirements for return of vehicle ‘ (1) The town clerk may deliver possession of the vehicle to a person mentioned in subsection (3) only if— (a) the person has applied in writing to the town clerk for the release of the vehicle; and (b) the applicant has provided proof, to the town clerk’s satisfaction— (i) that the applicant is the operator, or is entitled to possession, of the vehicle; or (ii) if the applicant is acting on behalf of the operator—of the applicant’s authority to act on behalf of the operator; and (c) the applicant has paid all reasonable expenses incurred by the council in connection with— (i) removing and keeping the vehicle; and (ii) giving a notice about the removal and keeping, or intended sale, of the vehicle; and (d) the applicant has signed a receipt for the delivery of the vehicle. ‘ (2) If the town clerk refuses the application, the town clerk must give the applicant written notice stating the following— (a) the decision; (b) the reasons for the decision; (c) that the applicant may appeal against the decision to a Magistrates Court within 28 days; (d) how the person may appeal against the decision. ‘ (3) For subsection (1), the persons are as follows— (a) the operator of the vehicle; (b) a person acting on behalf of the operator; (c) a person claiming a right to possession of the vehicle. ‘11C Sale of vehicle removed from mall ‘ (1) This section applies if—

s 82 62 s 82 Local Government Legislation Amendment Act 2003 No. 2, 2003 (a) the town clerk has not delivered possession of the vehicle under section 11B within 28 days after the date notice is given under section 11A; or (b) each of the following applies— (i) the town clerk has not delivered possession of the vehicle under section 11B; (ii) an application has been made under section 11B for the return of the vehicle; (iii) the town clerk has refused the application; (iv) the period allowed for an appeal against the decision has ended or the appeal has been decided. ‘ (2) The town clerk may, by notice published in a newspaper circulating in the city, advertise that the council will offer the vehicle for sale by public auction on the day and at the time and place stated in the advertisement. ‘ (3) The day stated in the advertisement must not be earlier than 14 days after the day the notice is advertised. ‘ (4) The council may offer the vehicle for sale by public auction on the day and at the time and place stated in the advertisement. ‘ (5) If no offer for the vehicle is received at the auction, the council may dispose of the vehicle in the way and on the conditions decided by the town clerk. ‘ (6) The proceeds of the sale or disposal of the vehicle must be applied as follows— (a) ﬁrstly, in payment of the expenses of the sale or disposal; (b) secondly, in payment of the costs of— (i) removing and keeping the vehicle; and (ii) giving a notice under section 11A; (c) thirdly— (i) in payment to the owner of the vehicle; or (ii) if the owner can not be identiﬁed after reasonable inquiry—in payment into the city fund. ‘ (7) The council may deal with any goods, equipment or thing in or on the vehicle when it is removed in the same way as the council may deal with the vehicle under this section.

s 83 63 s 83 Local Government Legislation Amendment Act 2003 No. 2, 2003 ‘ (8) However, any perishable goods in or on the vehicle when it is removed must be disposed of in the way directed by the town clerk. ‘ (9) Any proceeds of the disposal must be applied in accordance with subsection (6).’. 83 Insertion of new pt 3A After section 13— insert — ‘PART 3A—APPEALS ‘13A Who may appeal ‘A person who is dissatisfied with a decision of the town clerk to refuse to deliver possession of a vehicle to the person under section 11B may appeal against the decision to a Magistrates Court. ‘13B How to start appeal ‘ (1) An appeal is started by— (a) ﬁling notice of appeal with the clerk of the court of the Magistrates Court at Brisbane; and (b) giving a copy of the notice to the council within 7 days after the notice is ﬁled. ‘ (2) The notice of appeal must be filed within 28 days after the appellant receives notice of the decision. ‘ (3) The notice of appeal must state fully the grounds of the appeal and the facts relied on. ‘13C Stay of decision ‘ (1) The Magistrates Court may grant a stay of the decision appealed against to secure the effectiveness of the appeal. ‘ (2) The stay— (a) may be given on the conditions the court considers appropriate; and

s 83 64 s 83 Local Government Legislation Amendment Act 2003 No. 2, 2003 (b) operates for the period ﬁxed by the court; and (c) may be revoked or amended by the court. ‘ (3) The period of the stay must not extend past the time when the court decides the appeal. ‘ (4) The appeal affects the decision, or carrying out of the decision, only if the decision is stayed. ‘13D Powers of Magistrates Court ‘ (1) In deciding the appeal, the Magistrates Court— (a) has the same powers as the town clerk; and (b) is not bound by the rules of evidence; and (c) must comply with natural justice. ‘ (2) The appeal is by way of rehearing unaffected by the decision appealed against on the material before the town clerk and any further evidence allowed by the court. ‘ (3) The court may— (a) conﬁrm the decision; or (b) set aside the decision and substitute another decision; or (c) set aside the decision and return the issue to the town clerk with the directions the court considers appropriate. ‘13E Effect of Magistrates Court’s decision ‘If the Magistrates Court substitutes another decision, the substituted decision is, for this Act, other than this part, taken to be the decision of the town clerk. ‘13F Appeal to District Court ‘An appeal to the District Court from a decision of the Magistrates Court may be made only on a question of law.’.

s 84 65 s 87 Local Government Legislation Amendment Act 2003 No. 2, 2003 84 Omission of pt 5 (Recovery of penalties by notices) Part 5— omit. 85 Amendment of s 33 (Appeal against council’s decision etc.) Section 33(1)(a), ‘, other than part 5,’— omit . 86 Insertion of new s 40 After section 39— insert — ‘40 References in local law to authorised ofﬁcer ‘ (1) A reference in a local law in force immediately before the repeal provision commences to a person who is an authorised ofﬁcer for part 5 is taken to be a reference to an authorised person. ‘ (2) This section expires 2 years after the day the repeal provision commences. ‘ (3) In this section— “repeal provision” means the Local Government Legislation AmendmentAct 2003 , section 84. 41 ’. PART 7—REPEAL 87 Repeal of Local Government (Malls) Regulation 2000 The Local Government (Malls) Regulation 2000 is repealed. 41 Local Government Legislation Amendment Act 2003 , section 84 (Omission of pt 5 (Recovery of penalties by notices))

66 Local Government Legislation Amendment Act 2003 No. 2, 2003 SCHEDULE MINOR AND CONSEQUENTIAL AMENDMENTS sections 3(2) and 22(2) CITY OF BRISBANE ACT 1924 1 Section 2, deﬁnitions “differential general rate”, “general charge”, “general rate”, “minimum general rate levy”, “separate rate or charge” and “utility charge”— omit. 2 Section 2— insert — ‘ “cleansing services” includes services for the removal of refuse or recycleable material. “community titles Act” means any of the following— (a) the Building Units and Group Titles Act 1980 ; (b) the Integrated Resort Development Act 1987 ; (c) the Mixed Use Development Act 1993 ; (d) another Act prescribed under a regulation. “differential general rate” means a rate, other than a special rate, made and levied equally on the unimproved value of all rateable land in the city included in a category decided by the council in levying the rate. “general rate” means a rate, other than a separate rate, made and levied by the council equally on the unimproved value of all rateable land in the city. “minimum general rate levy” means an amount ﬁxed as the minimum amount payable as a general rate or differential general rate for all or any rateable land in the city.

67 Local Government Legislation Amendment Act 2003 No. 2, 2003 SCHEDULE (continued) “regulatory fee” means a fee ﬁxed under the Local Government Act 1993 , section 1071A. 42 “separate charge” means a charge made and levied by the council equally on all rateable land in the city. “separate rate” means a rate made and levied by the council equally on the unimproved value of all rateable land in the city. “special charge” means a charge made and levied by the council on some, but not all, rateable land in the city. “special rate” means a rate made and levied by the council on the unimproved value of some, but not all, rateable land in the city. “utility charge” means a charge for the supply by the council of water, sewerage or cleansing services to any land , building or structure in the city.’. 3 Section 3A(2), last dot point, ‘and part 7’— omit, insert — ‘, part 7 and part 8, section 1271(3) and (4)’. LOCAL GOVERNMENT ACT 1993 1 Section 6(3)(a)(iv)— omit, insert — ‘(iv) the making or levying of a rate, or the ﬁxing of a regulatory fee, by the local government; or’. 2 Section 9(2), last dot point— omit, insert — 42 Local Government Act 1993 , section 1071A (Power to ﬁx regulatory fees)

68 Local Government Legislation Amendment Act 2003 No. 2, 2003 SCHEDULE (continued) ‘• chapter 19, part 1, division 4, part 5, part 7 and part 8, section 1271(3) and (4).’. 3 Section 60R(1), ‘• sections 974 (other than subsection (1)(f)) and 975’— omit . 4 Section 60R(1)— insert — ‘• section 1271.’. 5 Section 964, ‘963(1)’— omit, insert— ‘963’. 6 Section 999, ‘997’— omit, insert — ‘1051A’. 7 Chapter 14, part 6, before section 1031— insert — ‘Division 1—Concessions for individual land owners’. 8 Section 1035, heading, after ‘powers’— insert— ‘ under div 1 ’.

69 Local Government Legislation Amendment Act 2003 No. 2, 2003 SCHEDULE (continued) 9 Chapter 14, part 6, before section 1036— insert — ‘Division 3—Limitation on rate increases’. 10 Chapter 14, part 7, division 2, heading— omit, insert — ‘Division 2—Registering charges for, and recovery of, overdue rates’. 11 Sections 1193R(e)(ii) and 1193ZI(c)(i), ‘charge ﬁxed under section 974’— omit, insert — ‘fee ﬁxed under section 1071A’. 12 Schedule, deﬁnition “general charge”— omit . 13 Schedule— insert — ‘ “improved value” , for land, means the amount the land and ﬁxed improvements on the land would be worth if— (a) there were an exchange between a willing buyer and a willing seller in an arms-length transaction after proper marketing; and (b) the parties had acted knowledgeably, prudently and without compulsion. “market value” , of land for chapter 14, means the improved value of the land obtained by the local government from a valuer registered under the Valuers Registration Act 1992 who is not an employee of the local government. “prescribed regulatory fee” see section 1071B(1).

70 Local Government Legislation Amendment Act 2003 No. 2, 2003 SCHEDULE (continued) “regulatory fee” see section 1071A(1). “tax component” see section 1071B(1).’. 14 Schedule, deﬁnition “rating category”, ‘983(2)(a)’— omit, insert — ‘983(3)(a)’. © State of Queensland 2003