Local Government Legislation Amendment Regulation (No. 2) 2010 (Qld)

Queensland Local Government Legislation Amendment Regulation (No. 2) 2010 Subordinate Legislation 2010 No. 277 made under the City of Brisbane Act 2010 Local Government Act 2009 Contents Part 1 1 Part 2 2 3 4 5 6 7 8 9 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of City of Brisbane (Finance, Plans andReporting) Regulation 2010 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Insertion of new ch 2, pt 5, div 2, sdiv 1, hdg . . . . . . . . . . . . . . . . 3 Amendment of s 16 (What div 2 is about) . . . . . . . . . . . . . . . . . . 3 Amendment of s 17 (Appointing categorisation officer) . . . . . . . . 4 Insertion of new ch 2, pt 5, div 2, sdiv 2 . . . . . . . . . . . . . . . . . . . . 4 Subdivision 2 Categorisation by Land Court 20A What sdiv 2 is about . . . . . . . . . . . . . . . . . . . . . . . . . . 4 20B Entering private property with written notice . . . . . . . 4 Insertion of new s 76A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 76A Procedures after sale of land other than to council . . 5 Replacement of s 86 (Public may inspect land record) . . . . . . . . 6 86 Public may inspect land record. . . . . . . . . . . . . . . . . . 6 Amendment of s 111 (Resolutions) . . . . . . . . . . . . . . . . . . . . . . . 7

Local Government Legislation Amendment Regulation (No. 2) 2010 Contents Part 3 10 11 Part 4 12 13 14 15 16 17 18 19 20 21 Part 5 22 23 Amendment of City of Brisbane (Operations) Regulation2010 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 63 (Public notice of meetings) . . . . . . . . . . . . . . Amendment of Local Government (Finance, Plans andReporting) Regulation 2010 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ch 2, pt 5, div 2, sdiv 1, hdg . . . . . . . . . . . . . . . . Amendment of s 17 (What div 2 is about) . . . . . . . . . . . . . . . . . . Amendment of s 18 (Appointing categorisation officer) . . . . . . . . Insertion of new ch 2, pt 5, div 2, sdiv 2 . . . . . . . . . . . . . . . . . . . . Subdivision 2 Categorisation by Land Court 21A What sdiv 2 is about . . . . . . . . . . . . . . . . . . . . . . . . . . 21B Entering private property with written notice . . . . . . . Insertion of new s 78A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78A Procedures after sale of land other than to local government .......................... Replacement of s 88 (Public may inspect land record) . . . . . . . . 88 Public may inspect land record. . . . . . . . . . . . . . . . . . Amendment of s 113 (Resolutions) . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ch 6, pt 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ch 6, pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 2 Levying rates and charges for local governments affected by reform matters 195 Definition for pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196 New local governments . . . . . . . . . . . . . . . . . . . . . . . 197 Adjusted local governments . . . . . . . . . . . . . . . . . . . . 198 Prescribed indigenous regional councils . . . . . . . . . . 199 Expiry of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Local Government (Operations) Regulation2010 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 74 (Public notice of meetings) . . . . . . . . . . . . . . 7 7 8 8 8 8 9 9 9 10 10 11 11 12 12 12 12 13 13 14 14 15 15 Page 2 2010 SL No. 277

Part 1 Local Government Legislation Amendment Regulation (No. 2) 2010 Part 1 Preliminary [s 1] Preliminary 1 Short title This regulation may be cited as the Local Government Legislation Amendment Regulation (No. 2) 2010 . Part 2 Amendment of City of Brisbane (Finance, Plans and Reporting) Regulation 2010 2 Regulation amended This part amends the CityofBrisbane(Finance,PlansandReporting) Regulation 2010. 3 Insertion of new ch 2, pt 5, div 2, sdiv 1, hdg Chapter 2, part 5, division 2, before section 16— insert— ‘Subdivision 1 Categorisation officers’. 4 Amendment of s 16 (What div 2 is about) (1) Section 16, heading, ‘div 2’— omit, insert— ‘sdiv 1’. (2) Section 16, ‘division’— omit, insert— ‘subdivision’. 2010 SL No. 277 Page 3

Local Government Legislation Amendment Regulation (No. 2) 2010 Part 2 Amendment of City of Brisbane (Finance, Plans and Reporting) Regulation 2010 [s 5] (3) Section 16(b)(iv), ‘or appeal’— omit. 5 Amendment of s 17 (Appointing categorisation officer) Section 17(2)(b)— omit, insert— ‘(b) is authorised by the council for this subdivision.’. 6 Insertion of new ch 2, pt 5, div 2, sdiv 2 After section 20— insert— ‘Subdivision 2 Categorisation by Land Court ‘20A What sdiv 2 is about ‘This subdivision is about the following persons (each a Land Court representative ) entering private property for the purpose of deciding an appeal relating to the categorisation of land— (a) a member of the Land Court; (b) a person authorised in writing by a member of the Land Court for this subdivision. ‘20B Entering private property with written notice ‘(1) For the purpose of this subdivision, a Land Court representative may, after giving the occupier of a private property at least 14 days written notice, enter the property, other than a home on the property. ‘(2) The written notice must inform the occupier of— (a) the Land Court representative’s intention to enter the property; and Page 4 2010 SL No. 277

Local Government Legislation Amendment Regulation (No. 2) 2010 Part 2 Amendment of City of Brisbane (Finance, Plans and Reporting) Regulation 2010 [s 7] (b) the reason for entering the property; and (c) the day and time when the property is to be entered. ‘(3) The Land Court representative may enter the property under subsection (1) at any reasonable time of the day without the permission of the occupier. ‘(4) Also, as soon as the Land Court representative enters the property, the representative must inform an occupier of the property of the reason for entering the property. ‘(5) If there is no occupier of the property, this section applies as if a reference to the occupier of the property were a reference to an owner of the property.’. 7 Insertion of new s 76A After section 76— insert— ‘76A Procedures after sale of land other than to council ‘(1) This section applies if land is sold at auction under this division, but is not taken to be sold at auction to the council under section 75(4). ‘(2) The council must give the registrar of titles an appropriate form stating— (a) that the land has been sold under this division; and (b) the full description of the land; and (c) the full name and address of the purchaser of the land; and (d) the purchase price of the land. ‘(3) A appropriate form is a form approved by the registrar of titles for lodgement in the land registry to record the transfer of land to a purchaser. ‘(4) After receiving the appropriate form, the registrar of titles must register the transfer of the interest of the registered owner to the purchaser free of all encumbrances. 2010 SL No. 277 Page 5

Local Government Legislation Amendment Regulation (No. 2) 2010 Part 2 Amendment of City of Brisbane (Finance, Plans and Reporting) Regulation 2010 [s 8] ‘(5) The registrar of titles may register the transfer even though the appropriate form is not accompanied by the instrument of title for the land. ‘(6) Also, the registrar of titles— (a) need not inquire whether the council has complied with this subdivision; and (b) is not affected by actual or constructive notice of any failure by the council to comply with this subdivision.’. 8 Replacement of s 86 (Public may inspect land record) Section 86— omit, insert— ‘86 Public may inspect land record ‘(1) The public may, on payment of the reasonable fee decided by the council, inspect the land record kept by the council. ‘(2) However, the following persons may inspect particulars of land in the land record free of charge— (a) an owner, lessee or occupier of— (i) the land; or (ii) adjoining land; (b) the agent of an owner, lessee or occupier of— (i) the land; or (ii) adjoining land. ‘(3) The agent must produce, to the council, written evidence of the agent’s appointment. ‘(4) The council may— (a) provide a person with access to an electronic or paper copy of the land record or part of the land record; or (b) give a person an electronic or paper copy of the land record or part of the land record, including, for example, by sending it by post, email or facsimile. Page 6 2010 SL No. 277

Local Government Legislation Amendment Regulation (No. 2) 2010 Part 3 Amendment of City of Brisbane (Operations) Regulation 2010 [s 9] ‘(5) The council must not include a person’s name and address for service in the land record when it is open to inspection if— (a) under the Land Valuation Act, section 204 the council has been given a notice about the person; and (b) the relevant suppression direction under that Act is still in effect.’. 9 Amendment of s 111 (Resolutions) Section 111(b), ‘172(3)’— omit, insert— ‘151(2)’. Part 3 Amendment of City of Brisbane (Operations) Regulation 2010 10 Regulation amended This part amends the CityofBrisbane(Operations)Regulation 2010. 11 Amendment of s 63 (Public notice of meetings) (1) Section 63(5)— renumber as section 63(6). (2) Section 63— insert— ‘(5) The council may publish the list of items to be discussed at a meeting, including any details or documents relating to an item, on the council’s website.’. 2010 SL No. 277 Page 7

Local Government Legislation Amendment Regulation (No. 2) 2010 Part 4 Amendment of Local Government (Finance, Plans and Reporting) Regulation 2010 [s 12] Part 4 Amendment of Local Government (Finance, Plans and Reporting) Regulation 2010 12 Regulation amended This part amends the Local Government (Finance, Plans andReporting) Regulation 2010. 13 Insertion of new ch 2, pt 5, div 2, sdiv 1, hdg Chapter 2, part 5, division 2, before section 17— insert— ‘Subdivision 1 Categorisation officers’. 14 Amendment of s 17 (What div 2 is about) (1) Section 17, heading, ‘div 2’— omit, insert— ‘sdiv 1’. (2) Section 17, ‘division’— omit, insert— ‘subdivision’. (3) Section 17(b)(iv), ‘or appeal’— omit. 15 Amendment of s 18 (Appointing categorisation officer) Section 18(2)(b)— omit, insert— ‘(b) is authorised by a local government for this subdivision.’. Page 8 2010 SL No. 277

Local Government Legislation Amendment Regulation (No. 2) 2010 Part 4 Amendment of Local Government (Finance, Plans and Reporting) Regulation 2010 [s 16] 16 Insertion of new ch 2, pt 5, div 2, sdiv 2 After section 21— insert— ‘Subdivision 2 Categorisation by Land Court ‘21A What sdiv 2 is about ‘This subdivision is about the following persons (each a Land Court representative ) entering private property for the purpose of deciding an appeal relating to the categorisation of land— (a) a member of the Land Court; (b) a person authorised in writing by a member of the Land Court for this subdivision. ‘21B Entering private property with written notice ‘(1) For the purpose of this subdivision, a Land Court representative may, after giving the occupier of a private property at least 14 days written notice, enter the property, other than a home on the property. ‘(2) The written notice must inform the occupier of— (a) the Land Court representative’s intention to enter the property; and (b) the reason for entering the property; and (c) the day and time when the property is to be entered. ‘(3) The Land Court representative may enter the property under subsection (1) at any reasonable time of the day without the permission of the occupier. ‘(4) Also, as soon as the Land Court representative enters the property, the representative must inform an occupier of the property of the reason for entering the property. 2010 SL No. 277 Page 9

Local Government Legislation Amendment Regulation (No. 2) 2010 Part 4 Amendment of Local Government (Finance, Plans and Reporting) Regulation 2010 [s 17] ‘(5) If there is no occupier of the property, this section applies as if a reference to the occupier of the property were a reference to an owner of the property.’. 17 Insertion of new s 78A After section 78— insert— ‘78A Procedures after sale of land other than to local government ‘(1) This section applies if land is sold at auction under this division, but is not taken to be sold at auction to the local government under section 77(4). ‘(2) The local government must give the registrar of titles an appropriate form stating— (a) that the land has been sold under this division; and (b) the full description of the land; and (c) the full name and address of the purchaser of the land; and (d) the purchase price of the land. ‘(3) A appropriate form is a form approved by the registrar of titles for lodgement in the land registry to record the transfer of land to a purchaser. ‘(4) After receiving the appropriate form, the registrar of titles must register the transfer of the interest of the registered owner to the purchaser free of all encumbrances. ‘(5) The registrar of titles may register the transfer even though the appropriate form is not accompanied by the instrument of title for the land. ‘(6) Also, the registrar of titles— (a) need not inquire whether the local government has complied with this subdivision; and Page 10 2010 SL No. 277

Local Government Legislation Amendment Regulation (No. 2) 2010 Part 4 Amendment of Local Government (Finance, Plans and Reporting) Regulation 2010 [s 18] (b) is not affected by actual or constructive notice of any failure by the local government to comply with this subdivision.’. 18 Replacement of s 88 (Public may inspect land record) Section 88— omit, insert— ‘88 Public may inspect land record ‘(1) The public may, on payment of the reasonable fee decided by a local government, inspect the land record kept by the local government. ‘(2) However, the following persons may inspect particulars of land in the land record free of charge— (a) an owner, lessee or occupier of— (i) the land; or (ii) adjoining land; (b) the agent of an owner, lessee or occupier of— (i) the land; or (ii) adjoining land. ‘(3) The agent must produce, to the local government, written evidence of the agent’s appointment. ‘(4) The local government may— (a) provide a person with access to an electronic or paper copy of the land record or part of the land record; or (b) give a person an electronic or paper copy of the land record or part of the land record, including, for example, by sending it by post, email or facsimile. ‘(5) The local government must not include a person’s name and address for service in the land record when it is open to inspection if— 2010 SL No. 277 Page 11

Local Government Legislation Amendment Regulation (No. 2) 2010 Part 4 Amendment of Local Government (Finance, Plans and Reporting) Regulation 2010 [s 19] (a) under the LandValuationAct, section 204 the local government has been given a notice about the person; and (b) the relevant suppression direction under that Act is still in effect.’. 19 Amendment of s 113 (Resolutions) Section 113(b), ‘154(3)’— omit, insert— ‘154(2)’. 20 Insertion of new ch 6, pt 1, hdg Chapter 6, before section 192— insert— ‘Part 1 Preparation of particular documents’. 21 Insertion of new ch 6, pt 2 After section 194— insert— ‘Part 2 Levying rates and charges for local governments affected by reform matters ‘195 Definition for pt 2 ‘In this part— repealed 2005 regulation means the repealed LocalGovernment Regulation 2005 . Page 12 2010 SL No. 277

Local Government Legislation Amendment Regulation (No. 2) 2010 Part 4 Amendment of Local Government (Finance, Plans and Reporting) Regulation 2010 [s 21] ‘196 New local governments ‘(1) Despite section 11(4) and (6), a new local government may, for the 2011–2012 financial year— (a) fix a minimum amount of general rates for the relevant merged area of the local government that is different to the minimum amount of general rates for the other areas of the local government; and (b) fix a minimum amount of general rates for different rating categories for the relevant merged area that is different to the minimum amount of general rates for different rating categories fixed for the other areas of the local government. ‘(2) In this section— new local government means a new local government under section 159YD of the 1993 Act. relevant merged area means a relevant merged area under section 91C of the repealed 2005 regulation. ‘197 Adjusted local governments ‘(1) Despite section 11(4) and (6), an adjusted local government may, for the 2011–2012 financial year— (a) fix a minimum amount of general rates for the relevant adjusted area of the local government that is different to the minimum amount of general rates fixed for the other areas of the local government; and (b) fix a minimum amount of general rates for different rating categories for the relevant adjusted area that is different to the minimum amount of general rates for different rating categories fixed for the other areas of the local government. ‘(2) In this section— adjusted local government means an adjusted local government under section 159YD of the 1993 Act.2010 SL No. 277 Page 13

Local Government Legislation Amendment Regulation (No. 2) 2010 Part 4 Amendment of Local Government (Finance, Plans and Reporting) Regulation 2010 [s 21] relevant adjusted area means a relevant adjusted area under section 91C of the repealed 2005 regulation. ‘198 Prescribed indigenous regional councils ‘(1) Despite section 11(4) and (6), a prescribed indigenous regional council may, for the 2011–2012 financial year— (a) fix a minimum amount of general rates for a relevant area for the regional council that is different to the minimum amount of general rates fixed for the other areas of the regional council; and (b) fix a minimum amount of general rates for different rating categories for a relevant area for the regional council that is different to the minimum amount of general rates for different rating categories fixed for the other areas of the regional council. ‘(2) In this section— prescribed indigenous regional council means— (a) the Northern Peninsula Area Regional Council; or (b) the Torres Strait Island Regional Council. relevant area means a relevant area under section 91C of the repealed 2005 regulation. ‘199 Expiry of pt 2 This part expires on 30 June 2012.’. Page 14 2010 SL No. 277

Part 5 Local Government Legislation Amendment Regulation (No. 2) 2010 Part 5 Amendment of Local Government (Operations) Regulation 2010 [s 22] Amendment of Local Government (Operations) Regulation 2010 22 Regulation amended This part amends the LocalGovernment(Operations)Regulation 2010. 23 Amendment of s 74 (Public notice of meetings) (1) Section 74(5)— renumber as section 74(6). (2) Section 74— insert— ‘(5) The local government may publish the list of items to be discussed at a meeting, including any details or documents relating to an item, on the local government’s website.’. ENDNOTES 1 Made by the Governor in Council on 7 October 2010. 2 Notified in the gazette on 8 October 2010. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Infrastructure and Planning. © State of Queensland 2010 2010 SL No. 277 Page 15