Local Government Legislation Amendment Regulation (No. 1) 1996 (Qld)

Queensland Subordinate Legislation 1996 No. 245 Local Government Act 1993 LOCAL GOVERNMENT LEGISLATION AMENDMENT REGULATION (No. 1) 1996 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 3 AMENDMENTS LOCAL GOVERNMENT (LOCAL GOVERNMENT AREAS) REGULATION 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 LOCAL GOVERNMENT (BRISBANE, ESK, IPSWICH, LOGANAND MORETON) REGULATION 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

s1 2 s3 Local Government Legislation Amendment (No. 1) No. 245, 1996 ˙ Short title 1. This regulation may be cited as the Local Government Legislation Amendment Regulation (No. 1) 1996 . ˙ Amendments 2. The schedule amends the regulations mentioned in it. ˙ Repeal 3. The Local Government (Joint Local Government Areas) Regulation1995 is repealed.

3 Local Government Legislation Amendment (No. 1) No. 245, 1996 ¡ SCHEDULE AMENDMENTS section 2 ´ LOCAL GOVERNMENT (LOCAL GOVERNMENT AREAS) REGULATION 1995 1. Section 1— omit, insert— ‘ PART 1—INTRODUCTION ‘ Short title ‘ 1. This regulation may be cited as the LocalGovernment(Areas)Regulation 1995 . ‘ PART 2—LOCAL GOVERNMENT AREAS ’. 2. Section 2(1), ‘regulation’— omit, insert— ‘part’. 3. Section 2(1), ‘the schedule’— omit, insert— ‘schedule 1’.

4 Local Government Legislation Amendment (No. 1) SCHEDULE (continued) 4. Section 3(1)(a), ‘this regulation’— omit, insert— ‘schedule 1’. No. 245, 1996 5. After section 3— insert— ‘ PART 3—JOINT LOCAL GOVERNMENTS ‘ Division 1—Existing joint local governments ‘ Declaration of joint local government areas ‘ 4. The information declared about joint local governments in the LocalGovernment (Joint Local Government Areas) Regulation 1995 (other than the information about the Central Highlands Regional Library Service) is relocated to, and reformatted in, schedule 2. 1 ‘ Division 2—Establishment of joint local governments ‘ Application of division ‘ 5. This division applies only to the extent necessary to give effect to— (a) schedule 2, part 1, item 5 and schedule 2, part 12; and (b) amendments to schedule 2 made after this division commences. 1 The Local Government (Joint Local Government Areas) Regulation 1995 , took effect on 23 March 1995 for declaring the areas, name, jurisdiction and composition of the joint local governments mentioned in it. The regulation was made under what was then section 760(2) (Declaration of local government areas etc.) of the Act, which provided for a regulation to be made declaring every joint local government and its area, name, jurisdiction and composition. The Central Highlands Regional Library Service is not included in schedule 2 because it is abolished under this regulation.

5 Local Government Legislation Amendment (No. 1) SCHEDULE (continued) No. 245, 1996 ‘ Declaration of joint local government areas—Act, s 42 ‘ 6.(1) Each part of the State consisting of a grouping of local government areas mentioned in item 2 of a part of schedule 2 is declared to be a joint local government area. ‘ (2) In item 2 of a part of schedule 2, a reference to a plan is a reference to a plan held by, and available for inspection in, the department. 2 ‘ Establishment of joint local governments—Act, s 43 ‘7.(1) A joint local government is established for each joint local government area declared under this division. ‘ (2) A joint local government established under subsection (1) for a grouping of local government areas mentioned in item 2 of a part of schedule 2 has the name specified for the area in item 1 of the part. ‘ Jurisdiction of joint local governments—Act, s 45 ‘ 8. Each joint local government named in item 1 of a part of schedule 2 has the jurisdiction stated for the joint local government in item 4 of the part. ‘ Representatives on joint local government—Act, s 48 ‘ 9. For a joint local government mentioned in item 1 of a part of schedule 2, the number of representatives to which each component local government is entitled on the joint local government is stated in item 3 of the part. ‘Matters about establishment—Act, s 44 ‘ 10.(1) An additional item of a part of schedule 2 has effect for the purposes of section 44 of the Act. 2 The office of the Department of Local Government and Planning is located at 111 George Street, Brisbane.

6 Local Government Legislation Amendment (No. 1) SCHEDULE (continued) No. 245, 1996 ‘ (2) In this section— “additional item” means an item other than item 1, 2, 3 or 4. ‘Division 3—Abolition of joint local governments ‘ Abolition of joint local government and its area—Act, s 115 ‘ 11. The Central Highlands Regional Library Service and its area are abolished. ‘ Apportionment of joint local government’s assets and liabilities ‘ 12.(1) This section provides for the apportionment of the Central Highlands Regional Library Service’s assets and liabilities among its component local governments. ‘ (2) A payment of a sum of money equal to the amount contributed by a component local government for the operations of the joint local government in the financial year ending on 30 June 1996 is to be made to the component local government. ‘ (3) The joint local government’s remaining assets are apportioned in the following way— • Bauhinia Shire Council—6.52% • Belyando Shire Council—29.93% • Duaringa Shire Council—27.54% • Emerald Shire Council—26.72% • Peak Downs Shire Council—9.29%. ‘ (4) The joint local government’s liabilities are apportioned in the percentages specified in subsection (3).’. 6. Schedule— insert as an additional heading for—

7 Local Government Legislation Amendment (No. 1) SCHEDULE (continued) No. 245, 1996 (a) the first column (Local government)—‘ Column 1 ’; and (b) the second column (Class)—‘ Column 2 ’; and (c) the third column (Area map)—‘ Column 3 ’; and (d) the fourth column (Number of councillors assigned to each division)—‘ Column 4 ’; and (e) the fifth column (Total number of councillors (including mayor))—‘ Column 5 ’. 7. Schedule, entry for Dalby, ‘Shire’— omit, insert— ‘Town’. 3 8. Schedule, entry for Mirani, ‘Division 2—3’— omit, insert— ‘Division 3—3’. 4 9. Schedule, entries for Caboolture, Calliope, Caloundra, Charters Towers, Cooloola, Dalrymple, Kilkivan, Maroochy, Monto, Noosa, Tara and Waggamba, ‘Edition 1’— omit, insert— ‘Edition 2’. 10. Schedule— renumber as schedule 1. 3 This amendment corrects a minor error. 4 This amendment corrects a minor error.

8 Local Government Legislation Amendment (No. 1) SCHEDULE (continued) 11. After schedule 1 (as renumbered)— insert— ‘ SCHEDULE 2 No. 245, 1996 ‘ INFORMATION ABOUT JOINT LOCAL GOVERNMENTS section 4 PART 1—CALOUNDRA–MAROOCHY WATER SUPPLY BOARD Joint local government 1. Caloundra–Maroochy Water Supply Board. Area 2. The areas of Caloundra City Council and Maroochy Shire Council. Composition 3. Three members from each local government. Jurisdiction 4. Jurisdiction— (a) the planning, design construction, management, operation and maintenance of water supply headworks comprising a storage dam on Obi Obi Creek and all other works required for the supply of water in bulk to the areas of the City of Caloundra and Shire of Maroochy at locations to be determined;

9 Local Government Legislation Amendment (No. 1) SCHEDULE (continued) No. 245, 1996 (b) the sale of water in bulk to the Councils of Caloundra City and Maroochy Shire; (c) the provision, operation, protection and maintenance of such recreational facilities as the said joint local government sees fit at headworks or on any other land or property owned by or under the control of the said joint local government. President 5.(1) The members of the joint local government are to elect one of them as president of the joint local government. (2) An election for president is to take place at the first meeting of the joint local government held after the conclusion of each triennial election for the councillors of Caloundra City Council and Maroochy Shire Council. (3) The presidency is to alternate between a member who is a councillor of Caloundra City Council and a member who is a councillor of Maroochy Shire Council. (4) However, subsection (3) does not apply if at least 5 members of the joint local government vote against it. (5) On the commencement, the person who is president remains president until an election takes place at the first meeting of the joint local government held after the conclusion of the next triennial election. (6) After the first triennial election after the commencement, the president who is elected must be a representative on the joint local government of Caloundra City Council. PART 2—DALBY–WAMBO AERODROME BOARD Joint local government 1. Dalby-Wambo Aerodrome Board.

10 Local Government Legislation Amendment (No. 1) SCHEDULE (continued) No. 245, 1996 Area 2. The areas of Dalby Town Council and Wambo Shire Council. Composition 3. Three members from each local government. Jurisdiction 4. The joint local government shall have and may exercise, perform, and assume within the limits of its area, all such powers, duties, and authorities, and shall be liable to such obligations as are conferred or imposed upon local governments by the provisions of the Act, with respect to the establishment, maintenance, and regulation of public aviation stations for the starting, landing, housing, and repair of aerial craft. PART 3—DALBY–WAMBO LIBRARY BOARD Joint local government 1. Dalby-Wambo Library Board. Area 2. The areas of Dalby Town Council and Wambo Shire Council. Composition 3. Three members from each local government. Jurisdiction 4. Establishing, maintaining and conducting a library facility.

11 Local Government Legislation Amendment (No. 1) SCHEDULE (continued) No. 245, 1996 PART 4—DALBY–WAMBO SALEYARDS BOARD Joint local government 1. Dalby-Wambo Saleyards Board. Area 2. The areas of Dalby Town Council and Wambo Shire Council. Composition 3. Three members from each local government. Jurisdiction 4. Jurisdiction— (a) acquiring, undertaking, providing, constructing, maintaining, managing, controlling and/or regulating stock saleyards within the area of the said joint local government; (b) making and enforcing by-laws with respect to all or any of the matters mentioned in section 31 of the Local Government Act of 1936 which may be necessary to give effect to the provisions of this order. PART 5—EMERALD–PEAK DOWNS SALEYARDS BOARD Joint local government 1. Emerald-Peak Downs Saleyards Board.

12 Local Government Legislation Amendment (No. 1) SCHEDULE (continued) No. 245, 1996 Area 2. The areas of the Shire of Emerald and the Shire of Peak Downs. Composition 3. Three members from each local government. Jurisdiction 4. The undertaking, provision, construction, maintenance, management, execution, control, regulation, and/or regulation of the use of stock saleyards within the area of the said joint local government. PART 6—ESK–GATTON–LAIDLEY WATER BOARD Joint local government 1. Esk-Gatton-Laidley Water Board. Area 2. The areas of the Shire of Esk, the Shire of Gatton and the Shire of Laidley. Composition 3. Two members from each local government. Jurisdiction 4. Jurisdiction— (a) the planning, design, management, construction, operation and maintenance of the Brisbane River intake works, the Lowood

13 Local Government Legislation Amendment (No. 1) SCHEDULE (continued) No. 245, 1996 Treatment Plant, interconnecting pumps and pipework, storage reservoir and distribution trunk mains for the Lowood, Gatton, Laidley Water Supply Scheme; (b) the sale of water in bulk to the Councils of the Shires of Esk, Gatton and Laidley, at points to be determined by agreement; (c) to enter into all such arrangements as may be necessary in order for the joint local government to be in a position to sell water in bulk to the Councils of the Shire of Esk, Gatton and Laidley. PART 7—FAR NORTH QUEENSLAND JOINT HEALTH BOARD Joint local government 1. Far North Queensland Joint Health Board. Area 2. The areas of the Shire of Aurukun, the Shire of Cook and the Shire of Mornington. Composition 3. One member from each local government. Jurisdiction 4. The undertaking, provision and management of a joint health inspection service to each of the component local government areas within the area of the joint local government and the contracting of such service to Community Councils, constituted under the CommunityServices(Aborigines) Act 1984.

14 Local Government Legislation Amendment (No. 1) SCHEDULE (continued) No. 245, 1996 PART 8—GLADSTONE–CALLIOPE AERODROME BOARD Joint local government 1. Gladstone-Calliope Aerodrome Board. Area 2. The areas of Gladstone City Council and Calliope Shire Council. Composition 3. Three members from each local government. Jurisdiction 4. The undertaking, provision, construction, maintenance, management, execution, control, regulation, and/or regulation of the use of aviation grounds and aerodromes within the area of the said joint local government. PART 9—GOONDIWINDI–WAGGAMBA COMMUNITY CULTURAL CENTRE BOARD Joint local government 1. Goondiwindi-Waggamba Community Cultural Centre Board. Area 2. The areas of Goondiwindi Town Council and Waggamba Shire Council.

15 Local Government Legislation Amendment (No. 1) SCHEDULE (continued) No. 245, 1996 Composition 3. Four members from Goondiwindi Town Council and 3 members from Waggamba Shire Council. Jurisdiction 4. The undertaking, provision, construction, maintenance, management, execution, control, regulation, and/or regulation of the use of the Community Culture Centre in the Town of Goondiwindi within the area of the joint local government. PART 10—GOONDIWINDI–WAGGAMBA AERODROME BOARD Joint local government 1. Goondiwindi-Waggamba Aerodrome Board. Area 2. The areas of Goondiwindi Town Council and Waggamba Shire Council. Composition 3. Three members from Goondiwindi Town Council and 4 members from Waggamba Shire Council. Jurisdiction 4. The undertaking, provision, construction, maintenance, management, execution, control, regulation, and/or regulation of the use of the

16 Local Government Legislation Amendment (No. 1) SCHEDULE (continued) No. 245, 1996 Goondiwindi Aerodrome situated on Portion 15, Parish of Goondiwindi, County of Marsh. PART 11—MISSION BEACH MARINE FACILITIES JOINT BOARD Joint local government 1. Mission Beach Marine Facilities Joint Board. Area 2. The parts of the areas of Cardwell Shire Council and Johnstone Shire Council shown on plan LG125. Composition 3. Three members from each local government. Jurisdiction 4. To provide, construct, maintain, manage, regulate and lease facilities for commercial marine activities within its area. PART 12—NOGOA RIVER FLOOD PLAIN BOARD Joint local government 1. Nogoa River Flood Plain Board.

17 Local Government Legislation Amendment (No. 1) SCHEDULE (continued) No. 245, 1996 Area 2. The parts of the areas of Emerald Shire Council and Peak Downs Shire Council shown on plan JB1. Composition 3. Two members from each local government. Jurisdiction 4. To manage the Nogoa River flood plain. President and deputy president 5.(1) The members of the joint local government are to elect one of them as president and one of them as deputy president of the joint local government. (2) The first election is to take place at the joint local government’s first meeting. (3) Subsequent elections are to take place at the first meeting of the joint local government held after the conclusion of each triennial election for the councillors of Emerald Shire Council and Peak Downs Shire Council. (4) The first president is to be a representative of Emerald Shire Council and the first deputy president is to be a representative of Peak Downs Shire Council. First meeting 6. The first meeting of the joint local government is to be held at the Emerald Shire Council chambers on 14 October 1996. Contributions 7. The proportion of the cost of the operations of the joint local government that must be contributed by each component local government

18 Local Government Legislation Amendment (No. 1) SCHEDULE (continued) is— (a) Emerald Shire Council—71%; and (b) Peak Downs Shire Council—29%. No. 245, 1996 First budget 8. The joint local government’s first budget is for the period from the commencement until 30 June 1997. PART 13—NORTHERN QUEENSLAND AFFORESTATION PROGRAM JOINT BOARD Joint local government 1. Northern Queensland Afforestation Program Joint Board. Area 2. The areas of Shire of Cook, Shire of Douglas, Shire of Mulgrave, Shire of Johnstone, Shire of Cardwell, Shire of Hinchinbrook, Shire of Herberton, Shire of Eacham, Shire of Atherton, Shire of Mareeba and City of Thuringowa. Composition 3. One member from each local government. Jurisdiction 4. To promote and coordinate advice on the establishment, operation and administration of agroforestry operations within the Community Rainforest Reforestation Program.

19 Local Government Legislation Amendment (No. 1) SCHEDULE (continued) No. 245, 1996 PART 14—ROCKHAMPTON DISTRICT SALEYARDS BOARD Joint local government 1. Rockhampton District Saleyards Board. Area 2. The areas of Shire of Fitzroy, Shire of Livingstone, Shire of Mt Morgan and Rockhampton City. Composition 3. Two members each from Shire of Fitzroy, Shire of Livingstone and Rockhampton City Council and 1 member from Shire of Mt Morgan. Jurisdiction 4. The undertaking, provision, construction, maintenance, management, control, regulation, and regulation of the use of stock saleyards in the area hereinafter constituted as the area of the said joint local government. PART 15—ROMA–BUNGIL SHOW GROUNDS AND SALEYARDS BOARD Joint local government 1. Roma-Bungil Show Grounds and Saleyards Board. Area 2. The areas of the Roma Town Council and the Shire of Bungil.

20 Local Government Legislation Amendment (No. 1) SCHEDULE (continued) Composition 3. Four members from each local government. No. 245, 1996 Jurisdiction 4. The undertaking, provision, construction, maintenance, management, execution, control, regulation, and/or regulation of the use of— (a) showgrounds and recreational facilities on land described as portion 211 parish of Roma, county of Waldegrave within the area of the said joint local government; (b) stock saleyards on land to be acquired by the joint local government for such function. PART 16—WILLOWS SPORTS COMPLEX JOINT BOARD Joint local government 1. Willows Sports Complex Joint Board. Area 2. The areas of Thuringowa City Council and Townsville City Council. Composition 3. Two members from Thuringowa City Council and 3 members from Townsville City Council. Jurisdiction 4. Jurisdiction—

21 Local Government Legislation Amendment (No. 1) SCHEDULE (continued) No. 245, 1996 (a) to lease from the Racing Development Corporation the land described as Lot 2 on RP 740697 county of Elphinstone parish of Coonambelah; (b) under the lease, to develop and manage a sports and recreation complex to be known as the Willows Sports Complex.’. ´ LOCAL GOVERNMENT (BRISBANE, ESK, IPSWICH, LOGAN AND MORETON) REGULATION 1994 1. Section 6(2), ‘edition 2’— omit, insert— ‘edition 3’. 5 ENDNOTES 1. Made by the Governor in Council on 19 September 1996. 2. Notified in the gazette on 20 September 1996. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Local Government and Planning. © State of Queensland 1996 5 Edition 3 more accurately represents the external boundaries of the City of Brisbane on the commencement of section 6.