Local Government (Mackay and Pioneer) Regulation 1993 (Qld)

Queensland Subordinate Legislation 1993 No. 493 Local Government Act 1936 LOCAL GOVERNMENT (MACKAY AND PIONEER) REGULATION 1993 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Purpose and operation of this regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 References in new Act adopted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PART 2—IMPLEMENTATION OF REVIEWABLE LOCAL GOVERNMENT MATTER 6 Abolition of existing areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 Creation of new area—City of Mackay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 Composition of Mackay City Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9 New area to have 9 divisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 PART 3—ELECTION OF FIRST COUNCIL 10 Cancellation of 1994 triennial elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 11 Direction for fresh elections for proposed new area . . . . . . . . . . . . . . . . . . . 8 12 Appointment and role of returning officer . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 13 Minister may give directions about fresh elections . . . . . . . . . . . . . . . . . . . 9 14 Qualification for office of mayor or councillor . . . . . . . . . . . . . . . . . . . . . . . 9 15 Gazettal of changeover day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 16 Cost of fresh elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

2 Local Government (Mackay and Pioneer) No. 493, 1993 17 Term of office as councillor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 PART 4—PROVISIONS TO ASSIST IN CREATION OF NEW LOCAL GOVERNMENT Division 1—Role of new local government 18 New local government as successor of merging local governments . . . . . . 10 19 New local government to take over existing functions and powers . . . . . . . 10 20 Delegations by merging local government . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Division 2—Local laws and other instruments 21 Local laws for the new area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 22 Limited application of continuing local laws . . . . . . . . . . . . . . . . . . . . . . . . 12 23 Existing instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Division 3—Financial matters 24 New local government may levy rates made or imposed by merging local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 25 Recovery of unpaid rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 26 Application of budgets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Division 4—Planning schemes and related matters 27 Continuing planning schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 28 New local government responsible for continuing planning schemes . . . . . 14 Division 5—General 29 Vesting of assets and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 30 Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 31 References in documents to merging local government . . . . . . . . . . . . . . . . 15 32 Pending legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 33 Record of vesting of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 34 Valuation of lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 PART 5—STAFFING MATTERS Division 1—Interim chief executive officer 35 Appointment of interim chief executive officer . . . . . . . . . . . . . . . . . . . . . . 16 36 Role of interim chief executive officer before the changeover day . . . . . . 16 37 Role of the interim chief executive officer after the changeover day . . . . . 17 38 Minister may give directions to interim chief executive officer . . . . . . . . . 17 39 Expenses over $10 000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

3 Local Government (Mackay and Pioneer) No. 493, 1993 40 Organisational structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 41 Costs incurred by interim chief executive officer . . . . . . . . . . . . . . . . . . . . . 18 Division 2—Joint Transitional Committee 42 Joint Transitional Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 43 Appointment of chairperson of Committee . . . . . . . . . . . . . . . . . . . . . . . . . . 19 44 Voting powers of chairperson of Committee . . . . . . . . . . . . . . . . . . . . . . . . . 19 Division 3—Decision-making by Committee 45 Meaning of “decision” in Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 46 Decisions to be notified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 47 Merging local governments may oppose decisions . . . . . . . . . . . . . . . . . . . . 20 48 Adjudication by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 49 Interim chief executive officer to comply with directions . . . . . . . . . . . . . . 20 Division 4—Staff 50 Meaning of “continuing officer” in Division . . . . . . . . . . . . . . . . . . . . . . . . . 21 51 Existing staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 52 Officer may only be dismissed for misconduct or neglect . . . . . . . . . . . . . . 21 53 Rationalisation of staff because of the change . . . . . . . . . . . . . . . . . . . . . . . 22 54 Process for retrenchment of continuing officer . . . . . . . . . . . . . . . . . . . . . . . 22 55 Salary maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 56 Payments to continuing officer who is retrenched or voluntarily retires . . . 23 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 25 LOCAL LAWS

4 Local Government (Mackay and Pioneer) No. 493, 1993 PART 1—PRELIMINARY ˙ Short title 1. This regulation may be cited as the Local Government (Mackay and Pioneer) Regulation 1993 . ˙ Commencement 2. Parts 2 and 4 commence on the changeover day. ˙ Purpose and operation of this regulation 3.(1) The purpose of this regulation is— (a) to implement the reviewable local government matter recommended by the Commissioner in the report; and (b) to facilitate the implementation of the reviewable local government matter. (2) Part 2 implements the reviewable local government matter and involves— (a) the abolition of the areas of the City of Mackay and Shire of Pioneer; and (b) the creation of a new area named the City of Mackay. (3) Part 2 does not commence until an election has been held for the new area and the election results have been declared. (4) Part 3 deals with the first election for the new local government. (5) Part 4 contains provisions to assist in the creation of the City of Mackay, including provisions about— (a) local laws and other statutory instruments; and (b) financial matters; and (c) planning schemes and related matters. (6) Part 5 deals with staffing matters.

5 Local Government (Mackay and Pioneer) No. 493, 1993 ˙ Definitions 4. In this regulation— “area” includes a proposed area; “budget” of a merging local government means the budget adopted by the merging local government for the 1993–94 financial year; “changeover day” means the day on which the returning officer publishes in a newspaper a notice under section 316 (Declaration of poll) of the LocalGovernmentAct1993 for the fresh election conducted under Part 3 (Election of First Council); “Committee” means the Joint Transitional Committee; “continuing local law” means a local law mentioned in section 21 (Local laws for the new area); “continuing planning scheme” means a planning scheme mentioned in section 27 (Continuing planning schemes); “dismissal” of an employee includes terminating the employee’s employment; “division” includes a proposed division; “employee” of a merging local government means a person who, immediately before the changeover day, is employed by the merging local government in any capacity; “interim chief executive officer” means the person appointed under section 35 (Appointment of interim chief executive officer); “local law” means a by-law; “merging area” means— (a) before the changeover day—the area of the City of Mackay or Shire of Pioneer; or (b) on and after the changeover day—the area that previously formed the City of Mackay or Shire of Pioneer; “merging local government” means— (a) the Council of the City of Mackay; or (b) the Council of the Shire of Pioneer;

6 Local Government (Mackay and Pioneer) No. 493, 1993 “new area” means the area of the City of Mackay as created under section 7 (Creation of new area—City of Mackay); “new local government” means the Council of the City of Mackay mentioned in section 8 (Composition of Mackay City Council); “officer” of a merging local government means an employee of the merging local government other than— (a) an employee who has been engaged on a temporary basis for less than 1 year; or (b) an employee engaged on a casual basis; or (c) a person engaged on a contract basis (unless the person has been appointed to a position) including, for example, a contract to supervise or undertake a specific capital works project, a research project or another specific consultancy, project or task; “Planning Act” means the LocalGovernment(PlanningandEnvironment) Act 1990 ; “rate” means a rate or charge levied or imposed under the Act by a local government on land in the local government’s area, and includes any interest accrued, or premium owing, on the rate or charge; “report” means the report of the Commissioner tabled in the Legislative Assembly on 9 November 1993 about the Commissioner’s review of the external boundaries of the City of Mackay and Shire of Pioneer and parts of the external boundaries of the Shires of Whitsunday, Mirani and Sarina; “salary” includes wage. ˙ References in new Act adopted 5. The references taking effect under section 771(1) (References to local government etc. for purposes of 1994 triennial elections) of the LocalGovernment Act 1993 also take effect for all purposes of this regulation.

7 Local Government (Mackay and Pioneer) No. 493, 1993 PART 2—IMPLEMENTATION OF REVIEWABLE LOCAL GOVERNMENT MATTER ˙ Abolition of existing areas 6. The areas of the City of Mackay and Shire of Pioneer are abolished. 1 ˙ Creation of new area—City of Mackay 7.(1) The area shown delineated on map no. LGB 80 edition 1 is created as a local government area. 2 (2) The area is a city. (3) The name of the city is the City of Mackay. ˙ Composition of Mackay City Council 8. The local government for the City of Mackay consists of a mayor and 12 other councillors. ˙ New area to have 9 divisions 9.(1) The new area is divided into 9 divisions in accordance with map no. LGB 80 edition 1. (2) The assignment of councillors to the divisions is as follows— • Division 1—2 councillors • Division 2—1 councillor • Division 3—1 councillor 1 The boundaries of these areas are shown on plans bearing Catalogue Numbers SC 351 and SC 430 respectively. Copies of these plans may be inspected at the office of the Department of Housing, Local Government and Planning at 126 Margaret Street, Brisbane. 2 The map may be inspected at the office of the Department of Housing, Local Government and Planning at 126 Margaret Street, Brisbane.

8 Local Government (Mackay and Pioneer) No. 493, 1993 • Division 4—1 councillor • Division 5—2 councillors • Division 6—2 councillors • Division 7—1 councillor • Division 8—1 councillor • Division 9—1 councillor. PART 3—ELECTION OF FIRST COUNCIL ˙ Cancellation of 1994 triennial elections 10. The 1994 triennial elections for the merging local governments are cancelled. ˙ Direction for fresh elections for proposed new area 11.(1) Fresh elections are to be held for the local government for the proposed new area. (2) The fresh elections must be held on the day on which the 1994 triennial elections are to be held. 3 (3) The voters roll for the elections closes on 31 January 1994. (4) The persons elected as the mayor and other councillors at the elections are the mayor and other councillors of the new local government. 3 Section 765(2) of the LocalGovernmentAct1993 (Regulation about a reviewable local government matter) provides as follows— “If the regulation directs that a fresh election be held for the implementation of a reviewable local government matter, the election must be held under Chapter 5 (Local government elections) with all necessary changes and any change prescribed by the regulation as if it were a triennial election.”.

9 Local Government (Mackay and Pioneer) No. 493, 1993 ˙ Appointment and role of returning officer 12.(1) The Minister may appoint a person as the returning officer for the fresh elections. (2) If the Joint Transitional Committee nominates a person by 7 January 1994, the Minister must appoint the person nominated. (3) The Minister must, by Gazette notice, notify the appointment of the returning officer. (4) The returning officer must conduct the fresh elections. ˙ Minister may give directions about fresh elections 13. The Minister may give written directions to the returning officer about the fresh elections, including, for example, matters about which a local government may instruct a returning officer. Example— An instruction about the printing of the ballot paper for the mayor and the ballot papers for the councillors for each division. ˙ Qualification for office of mayor or councillor 14. For the purposes of the qualifications of the mayor and other councillors, a person who lives in a merging area is taken to live in the proposed new area. ˙ Gazettal of changeover day 15. As soon as practicable after changeover day, the Minister must, by Gazette notice, advise the changeover day. ˙ Cost of fresh elections 16.(1) The merging local governments must pay for the cost of conducting the fresh elections. (2) An amount required for the cost may, without a resolution of a merging local government, be spent by a merging local government whether or not the disbursement is provided for in its budget.

10 Local Government (Mackay and Pioneer) No. 493, 1993 (3) An amount may be paid only if the returning officer has presented an account to the merging local government’s chief executive officer. ˙ Term of office as councillor 17. The term of office of a person elected as the mayor or other councillor at the fresh elections— (a) begins on the changeover day; and (b) continues until the next triennial elections. 4 PART 4—PROVISIONS TO ASSIST IN CREATION OF NEW LOCAL GOVERNMENT Division 1—Role of new local government ˙ New local government as successor of merging local governments 18.(1) The new local government is the successor of the merging local governments. (2) The other provisions of this Part do not limit subsection (1). ˙ New local government to take over existing functions and powers 19.(1) This section applies if, under an Act— (a) a local government may perform a function or exercise a power; and (b) a merging local government started to perform the function or exercise the power before the changeover day but did not finish performing the function or exercising the power. (2) The new local government may continue to perform the function or 4 See section 175(3)(b) of the Local Government Act 1993 .

11 Local Government (Mackay and Pioneer) No. 493, 1993 exercise the power. Example 1— If, under the Planning Act, a merging local government started the procedures to prepare a new planning scheme, the new local government may complete the procedures. Example 2— If a person made an application to a merging local government under an Act, the new local government may deal with it. ˙ Delegations by merging local government 20. If a merging local government had, before the changeover day, delegated the exercise of a power to a person who is an employee of the new local government, the new local government is taken to have delegated the power to the person. Division 2—Local laws and other instruments ˙ Local laws for the new area 21.(1) This section applies to a local law mentioned in the Schedule as in force immediately before the changeover day. (2) The local law continues in force as a local law of the new local government until whichever of the following first happens— (a) it is repealed by the new local government; (b) it is applied to the new area under section 22(3) (Limited application of continuing local laws); (c) the end of 2 years after the changeover day. (3) The new local government may, under the Local Government Act1993 , amend a continuing local law while it continues in force under subsection (2). (4) A continuing local law is to be read with the changes necessary to make it consistent with, and adapt its operation to, this regulation.

12 Local Government (Mackay and Pioneer) No. 493, 1993 ˙ Limited application of continuing local laws 22.(1) A continuing local law continues in force only for the part of the new area to which it applied immediately before the changeover day. (2) However, Chapter 3 of the City of Mackay By-laws applies to the new local government. (3) The new local government may, by local law, apply a continuing local law to the whole of the new area, with or without changes. ˙ Existing instruments 23.(1) This section applies to an instrument (other than a local law or an instrument made under the Planning Act) that— (a) was made by a merging local government under an Act or a local law before the changeover day; and (b) is in force immediately before the changeover day. (2) The instrument continues in force until it would have otherwise ended under the Act or the local law. (3) However, subsection (2) does not stop the new local government from amending or repealing the instrument under the Act or a local law (whether a continuing local law or a local law made by the new local government). (4) If the instrument authorised a person to perform an activity, it is taken to authorise the activity for the part of the new area to which it applied immediately before the changeover day and not the whole of the new area. Division 3—Financial matters ˙ New local government may levy rates made or imposed by merging local government 24.(1) This section applies if, immediately before the changeover day, a merging local government— (a) had made or imposed a rate for land in a merging area; but (b) had not given a notice levying the rate on a person or otherwise

13 Local Government (Mackay and Pioneer) No. 493, 1993 demanded payment of the rate. (2) The new local government may give the person a notice levying the rate, or may otherwise demand payment of the rate, in the same way that the merging local government could have given the notice or demanded payment. (3) The new local government is taken to have made or imposed the rate. ˙ Recovery of unpaid rates 25.(1) This section applies if— (a) before the changeover day, a merging local government had made and levied, or imposed and levied, a rate on a person; and (b) immediately before the changeover day, the rate had not been paid. (2) If the time for payment of the rate had not ended before the changeover day— (a) the time continues to run as if the merging local government had not been abolished; and (b) the amount of the rate is payable by the person to the new local government. (3) If the time for payment of the rate had ended before the changeover day, the rate becomes payable by the person to the new local government. (4) The new local government— (a) is taken to have made and levied, or imposed and levied, the rate; and (b) may receive payment of, or recover, the amount of the rate. ˙ Application of budgets 26.(1) The new local government is taken to have adopted the budget of each merging local government. (2) The new local government may disburse an amount for a matter in relation to a merging area only if—

14 Local Government (Mackay and Pioneer) No. 493, 1993 (a) the amount for the matter is provided for in the budget of the relevant merging local government; or (b) the new local government resolves that the disbursement is necessary because of a genuine emergency or hardship (including a disbursement arising because of the creation of the new area). (3) This section is subject to the following sections— • section 16 (Cost of fresh elections) • section 41 (Costs incurred by interim chief executive officer). Division 4—Planning schemes and related matters ˙ Continuing planning schemes 27.(1) This section applies to a planning scheme of a merging local government in force immediately before the changeover day. (2) The planning scheme continues in force as a planning scheme of the new local government until it is replaced (in whole or in part) under the Planning Act. (3) The new local government may, under the Planning Act, amend the continuing planning scheme while it continues in force under subsection (2). (4) An instrument in force under the continuing planning scheme, immediately before the changeover day, continues in force until whichever of the following first happens— (a) it expires or is repealed under the continuing planning scheme; (b) the scheme is replaced in whole or relevant part. Examples of instruments that may continue under this section— Applications, approvals and consents. ˙ New local government responsible for continuing planning schemes 28. The new local government must implement, administer and enforce, and is bound by, each continuing planning scheme under the Planning Act.

15 Local Government (Mackay and Pioneer) No. 493, 1993 Division 5—General ˙ Vesting of assets and liabilities 29. All assets and liabilities of each merging local government become assets and liabilities of the new local government. ˙ Documents 30. The documents of each merging local government become the documents of the new local government. ˙ References in documents to merging local government 31. In all documents (including, for example, a contract to which a merging local government was a party), a reference to a merging local government is a reference to the new local government. ˙ Pending legal proceedings 32. A legal proceeding by or against a merging local government that is not finished before the changeover day may be continued and finished by or against the new local government. ˙ Record of vesting of property 33. On the written request of the new local government’s chief executive officer, a person responsible for keeping a register about dealings with property must make all endorsements necessary to record the vesting of property in the new local government under section 29 (Vesting of assets and liabilities). ˙ Valuation of lands 34.(1) In this section— “valuation” of land means the unimproved value of the land under the Valuation of Land Act 1944 .

16 Local Government (Mackay and Pioneer) No. 493, 1993 (2) The valuation of land in a merging area at 1 July 1993 continues to be the valuation of the land until a further valuation applies to the land. (3) Subsection (2) applies subject to an objection or appeal under the Valuation of Land Act 1944 about the valuation, but the objection or appeal may not be based on the fact that the land is no longer in the same area as it was at the time of the valuation. PART 5—STAFFING MATTERS Division 1—Interim chief executive officer ˙ Appointment of interim chief executive officer 35.(1) The Minister must appoint a person to be the interim chief executive officer for the proposed new area. (2) If the Joint Transitional Committee nominates a person by 7 January 1994, the Minister must appoint the person. (3) The Minister must, by Gazette notice, notify the appointment of the interim chief executive officer. (4) The appointment continues until the new local government revokes it. ˙ Role of interim chief executive officer before the changeover day 36.(1) Before the changeover day, the interim chief executive officer is responsible for making the administrative arrangements necessary for the new local government. (2) Without limiting subsection (1), the interim chief executive officer may establish departments for the new local government and appoint interim departmental heads of the departments. (3) However, the interim chief executive officer— (a) may establish a department only if the Joint Transitional Committee directs the establishment of the department; and

17 Local Government (Mackay and Pioneer) No. 493, 1993 (b) may appoint a person to be the interim departmental head of a department only if the Joint Transitional Committee directs the appointment. (4) The appointment of an interim departmental head continues until the new local government revokes it. (5) This section is subject to the following sections— • section 38 (Minister may give directions to interim chief executive officer) • section 49 (Interim chief executive officer to comply with directions). ˙ Role of the interim chief executive officer after the changeover day 37. On and after the changeover day, the interim chief executive officer acts as the chief executive officer of the new local government until the officer’s appointment is revoked under section 35 (Appointment of interim chief executive officer). ˙ Minister may give directions to interim chief executive officer 38. The Minister may give directions to the interim chief executive officer about any matter for which the officer is responsible. ˙ Expenses over $10 000 39.(1) The requirements of the Act regarding contracts over $10 000 apply to an expense over $10 000 incurred by the interim chief executive officer for an arrangement about a matter. (2) If the interim chief executive officer enters into a contract, the interim chief executive officer is taken to have entered into the contract for each merging local government. (3) This section expires on 25 March 1994.

18 Local Government (Mackay and Pioneer) No. 493, 1993 ˙ Organisational structure 40. As soon as practicable after the changeover day, the new local government must— (a) adopt the structure established by the interim chief executive officer and establish staffing arrangements for the structure; or (b) establish another structure, and staffing arrangements for the structure. ˙ Costs incurred by interim chief executive officer 41.(1) The merging local governments must pay for the cost of any administrative arrangements incurred by the interim chief executive officer before the changeover day. (2) An amount required for the cost may, without a resolution of a merging local government, be spent by it whether or not the disbursement is provided for in its budget. (3) An amount may be paid only if the interim chief executive officer has presented an account to the merging local government’s chief executive officer. Division 2—Joint Transitional Committee ˙ Joint Transitional Committee 42.(1) A Joint Transitional Committee is established. (2) The Committee consists of each councillor of a merging local government. (3) The Committee’s function is to give directions to the interim chief executive officer about— (a) administrative arrangements for the new local government; and (b) the establishment of departments and the appointment of departmental heads of the departments. (4) The Committee may also nominate a person for appointment under section 12 (Appointment and role of returning officer) or section 35

19 Local Government (Mackay and Pioneer) No. 493, 1993 (Appointment of interim chief executive officer). (5) The Committee may conduct its meetings in the way it considers appropriate. (6) Committee meetings are to be held at the times and places the Committee decides. (7) The mayor of the Shire of Pioneer must call the first meeting of the Committee. (8) Eleven members, of whom 1 must be the chairperson, form a quorum. (9) The Committee ends on the changeover day. ˙ Appointment of chairperson of Committee 43.(1) At the first meeting of the Committee, the members must elect a chairperson of the Committee. (2) If no decision is reached by the members present and voting, the chairperson of the Shire of Pioneer is the chairperson of the Committee. ˙ Voting powers of chairperson of Committee 44. The chairperson of the Committee has a deliberative vote and casting vote in all decisions of the Committee. Division 3—Decision-making by Committee ˙ Meaning of “decision” in Division 45. In this Division— “decision” of the Committee means a resolution of the Committee to give a direction to the interim chief executive officer. ˙ Decisions to be notified 46. After making a decision, the Committee must immediately give

20 Local Government (Mackay and Pioneer) No. 493, 1993 written notice to the chief executive officer of each of the merging local governments. ˙ Merging local governments may oppose decisions 47.(1) Within 7 days after the Committee makes a decision, a merging local government may give written notice to the interim chief executive officer that it opposes the decision. (2) The interim chief executive officer must immediately give written notice to the Minister. ˙ Adjudication by Minister 48.(1) If the Minister is notified under section 47 (Merging local governments may oppose decisions) that a merging local government opposes a decision, the Minister may— (a) confirm the decision; or (b) revoke the decision; or (c) give a different direction to the interim chief executive officer than the direction decided by the Committee. (2) Without limiting the Minister’s powers under subsection (1), the Minister may revoke a decision if the Minister believes the relevant issue would best be decided by the new local government after the changeover day. ˙ Interim chief executive officer to comply with directions 49.(1) The interim chief executive officer must comply with a direction from the Committee unless— (a) a merging local government notifies the interim chief executive officer that it opposes the decision to give the direction under section 47 (Merging local governments may oppose decisions); and (b) the Minister does not confirm the decision under section 48 (Adjudication by Minister).

21 Local Government (Mackay and Pioneer) No. 493, 1993 (2) The interim chief executive officer must also comply with a direction given by the Minister under section 48(1)(c). Division 4—Staff ˙ Meaning of “continuing officer” in Division 50. In this Division— “continuing officer” means a person who, under this Division, becomes and continues to be an officer of the new local government. ˙ Existing staff 51.(1) A person who, immediately before the changeover day, was an employee of a merging local government becomes an employee of the new local government. (2) The employee remains entitled to all existing and accruing rights of employment. (3) If an employee was suspended by a merging local government before the changeover day, the suspension continues and must be dealt with by the new local government. ˙ Officer may only be dismissed for misconduct or neglect 52.(1) A merging local government may dismiss an officer only for misconduct or neglect. (2) If a merging local government purports to dismiss an officer other than for misconduct or neglect, the officer— (a) is not dismissed; and (b) is an officer of the merging local government immediately before the changeover day. (3) This section expires at the beginning of the changeover day.

22 Local Government (Mackay and Pioneer) No. 493, 1993 ˙ Rationalisation of staff because of the change 53.(1) In this section— “rationalisation action” means— (a) an appointment of a continuing officer; or (b) a declaration that a continuing officer or a continuing officer’s position is redundant; or (c) a redeployment of a continuing officer; or (d) a retrenchment of a continuing officer. (2) If, within 2 years after the changeover day, the new local government starts to take a rationalisation action because of the abolition of a merging area and the creation of the new area, the new local government must comply with the process set out in this Division and, subject to this Division, the Guidelines and Parameters for the Rationalisation of Staff as set out in section 27.1 of the report. ˙ Process for retrenchment of continuing officer 54.(1) For the purposes of section 53 (Rationalisation of staff because of the change), the process to be used in retrenching a continuing officer is set out in this section. (2) The new local government must— (a) try to redeploy or appoint the officer to a suitable position; or (b) decide, by resolution, that redeployment of the officer, or appointment of the officer to another position, is not practicable. (3) After the new local government has complied with subsection (2), it must give a written offer of voluntary early retirement to the officer. (4) The new local government may retrench the officer if the offer of voluntary early retirement— (a) is rejected, by notice signed by the officer; or (b) is not accepted, by notice signed by the officer, within 2 months after the offer is given to the officer.

23 Local Government (Mackay and Pioneer) No. 493, 1993 ˙ Salary maintenance 55.(1) This section applies if— (a) a continuing officer is redeployed, in accordance with this Division, to a position in the new local government (the “new position” ); and (b) the salary for the new position is less than the salary to which the continuing officer was entitled for the permanent position the officer held in the merging local government (the “former position” ). (2) The officer must be paid an allowance that is enough to maintain the officer’s salary at the salary applying to the former position. (3) The allowance continues under subsection (2) until whichever of the following first happens— (a) the person stops being an officer of the new local government; (b) the person is appointed to a position in the new local government and the salary for the position is equal to, or more than, the salary for the former position; (c) the end of 1 year after the officer’s appointment to the new position. ˙ Payments to continuing officer who is retrenched or voluntarily retires 56.(1) This section applies to a continuing officer who is retrenched or voluntarily retires in accordance with this Division. (2) The officer is entitled to a payment equal to the officer’s salary for 2 weeks for each year of service and a proportionate amount for an incomplete year of service. (3) However, the officer— (a) must receive an amount equal to the officer’s salary for 4 weeks; but (b) must not receive an amount more than the officer’s salary for 52 weeks. (4) If the officer accepts an offer to voluntarily retire within 2 weeks of

24 Local Government (Mackay and Pioneer) No. 493, 1993 the offer being made, the officer is also entitled to a further payment equal to the officer’s salary for 13 weeks. (5) An entitlement to a payment under this section is in addition to any other entitlement to payment under this regulation or otherwise, but is instead of the severance entitlements mentioned in section 27.1.13 of the report. (6) In this section— “service” has the meaning given by section 27.1.4 of the report.

25 Local Government (Mackay and Pioneer) No. 493, 1993 ¡ SCHEDULE LOCAL LAWS section 21 BY-LAWS OF THE CITY OF MACKAY CHAPTER 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 SUBJECT MATTER General provisions Pthreoceoeudnicnigl s, business and officers of Buildings Streets, roads, encroachments and projections Sewerage and drainage Signs and advertisements Nuisances, sanitary conveniences, house refuse Safety and convenience Flammable and combustible liquids Boarding houses, flat buildings and tenement buildings Places of public amusement or public resort Animals Impounding Noxious weeds Parks, reserves and foreshores Bathing and swimming pools Water Miscellaneous provisions Cemeteries Dispensing pump installations, air standards and water standards Subdivision of land

26 Local Government (Mackay and Pioneer) No. 493, 1993 SCHEDULE (continued) 24 Water supply 26 Cabin sites and/or caravan parks 27 Council parking stations 29 Regulated parking, control of traffic and obstructions on road 30 Motels 31 Private swimming pools, ponds etc. 32 Town planning 33 Group title development 34 Libraries 35 Abatement of excessive noise 36 Community watch program—green flashing lights LOCAL LAWS OF THE SHIRE OF PIONEER CHAPTER 1 (by-laws 2 to 13 only) 5 9 10 11 12 14 15 17 20 23 27 31 32 SUBJECT MATTER Preliminary Roads and bridges Boarding houses, flat buildings and tenement buildings Drains, drainage and gutters Public decency Nuisances, sanitary conveniences, house refuse Pollution etc. of water Safety and convenience and dangerous goods Licensed gates and motor grids Animals and poultry Parks, reserves, beaches Private railways Miscellaneous Cemeteries

27 Local Government (Mackay and Pioneer) No. 493, 1993 SCHEDULE (continued) 33 Water supply 35 Subdivision of land 36 Town planning 37 Keeping of pigs 39 Discarded or disused machinery, second-hand materials 40 Allotment numbering 41 Swimming pools 42 Paving footways 44 Protection of water supplies 45 Caravans and caravan parks 46 Stables and keeping of horses 48 Bathing and swimming pools 49 Use of motor vehicles on land under control of council and public places (other than a road) 50 Libraries 51 Private works 52 Group title development 53 Abatement of excessive noise 54 Extraordinary traffic 55 Advertisements 56 Bathing reserves 57 Boat ramps 58 Community watch program—green flashing lights 59 Backpacker hostels ENDNOTES 1. Made by the Governor in Council on 16 December 1993. 2. Notified in the Gazette on 17 December 1993. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Housing, Local Government and Planning.

28 Local Government (Mackay and Pioneer) No. 493, 1993 The State of Queensland 1993