Local Government (Operations) Amendment Regulation (No. 1) 2011 (Qld)

Queensland Local Government (Operations) Amendment Regulation (No. 1) 2011 Subordinate Legislation 2011 No. 39 made under the Local Government Act 2009 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Insertion of new ch 2, pt 2, div 3. . . . . . . . . . . . . . . . . . . . . . . . . . 3 Division 3 Implementing particular local government changes 14A What div 3 is about. . . . . . . . . . . . . . . . . . . . . . . . . . . 3 14B Implementing local government changes relating to changes of the boundaries of local government areas 4 6 Amendment of s 30 (Definitions for pt 3) . . . . . . . . . . . . . . . . . . . 4 7 Amendment of s 106 (Contents of registers of interests) . . . . . . . 4 8 Amendment of s 115 (Local government entities—Act, s 216) . . 4 9 Amendment of s 116 (Persons eligible for membership of the scheme—Act, s 218) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 10 Amendment of sch 1 (Prescribed information about local governments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 11 Renumbering of schs 3 to 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 12 Insertion of new sch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Local Government (Operations) Amendment Regulation (No. 1) 2011 Contents Schedule 3 Implementing local government changes relating to changes of the boundaries of local government areas Part 1 Implementation 1 Change in external boundaries of the Fraser Coast and Gympie regions . . . . . . . . . . . . . . . . . . . . . . . . . . Part 2 Facilitation of implementation 1 Definitions for pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Unfinished actions of former local government . . . . . 3 Assets and public works in the relevant area . . . . . . . 4 Application fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Planning scheme for the relevant area . . . . . . . . . . . . 6 References in documents to former local government 7 Duty to assist with change to boundaries of local government areas . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Amendment of sch 7 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 7 7 8 8 8 8 9 Page 2 2011 SL No. 39

Local Government (Operations) Amendment Regulation (No. 1) 2011 [s 1] 1 Short title This regulation may be cited as the Local Government (Operations) Amendment Regulation (No. 1) 2011 . 2 Commencement This regulation commences on 15 April 2011 . 3 Regulation amended This regulation amends the LocalGovernment(Operations)Regulation 2010 . 4 Amendment of s 3 (Definitions) Section 3, ‘schedule 6’— omit, insert— ‘schedule 7’. 5 Insertion of new ch 2, pt 2, div 3 Chapter 2, part 2— insert— ‘Division 3 Implementing particular local government changes ‘14A What div 3 is about ‘This division provides for the following— (a) implementing, under section 20 of the Act, local government changes relating to a change of the boundaries of a local government area; (b) facilitating the implementation of the local government changes mentioned in paragraph (a). 2011 SL No. 39 Page 3

Local Government (Operations) Amendment Regulation (No. 1) 2011 [s 6] ‘14B Implementing local government changes relating to changes of the boundaries of local government areas ‘(1) Schedule 3, part 1 implements the local government changes mentioned in it. ‘(2) Schedule 3, part 2 makes provision for facilitating the implementation of each local government change mentioned in schedule 3, part 1.’. 6 Amendment of s 30 (Definitions for pt 3) Section 30, definition Kuranda rail operator — omit, insert— ‘ Kuranda rail operator means a rail transport operator within the meaning of the Transport(RailSafety)Act2010 who is accredited under that Act for the operation or movement of rolling stock on the Kuranda rail line.’. 7 Amendment of s 106 (Contents of registers of interests) Section 106(1), ‘schedule 3’— omit, insert— ‘schedule 4’. 8 Amendment of s 115 (Local government entities—Act, s 216) Section 115, ‘schedule 4’— omit, insert — ‘schedule 5’. 9 Amendment of s 116 (Persons eligible for membership of the scheme—Act, s 218) Section 116, ‘schedule 5’— Page 4 2011 SL No. 39

Local Government (Operations) Amendment Regulation (No. 1) 2011 [s 10] omit, insert— ‘schedule 6’. 10 Amendment of sch 1 (Prescribed information about local governments) (1) Schedule 1, entry for Fraser Coast, column 3, ‘LGRB 28’— omit, insert— ‘LGRB 28 edition 2’. (2) Schedule 1, entry for Gympie, column 3, ‘LGRB 32’— omit, insert— ‘LGRB 32 edition 2’. 11 Renumbering of schs 3 to 6 Schedules 3 to 6— renumber as schedules 4 to 7. 12 Insertion of new sch 3 After schedule 2— insert— 2011 SL No. 39 Page 5

Local Government (Operations) Amendment Regulation (No. 1) 2011 [s 12] ‘Schedule 3 Implementing local government changes relating to changes of the boundaries of local government areas section 14B ‘Part 1 Implementation ‘1 Change in external boundaries of the Fraser Coast and Gympie regions ‘(1) Lot 113 on crown plan LX942 is excluded from the Gympie Regional Council’s local government area and included in the Fraser Coast Regional Council’s local government area. ‘(2) The local government change mentioned in subsection (1) takes effect on 15 April 2011. Note — A copy of the change commission’s report titled ‘Report on a change to the external boundaries of the Fraser Coast Regional Council and Gympie Regional Council’ can be viewed on the website of the Electoral Commission Queensland. ‘Part 2 Facilitation of implementation ‘1 Definitions for pt 2 ‘In this part— current local government , for a relevant area, means the local government for the area immediately after the transfer day. former local government , for a relevant area, means the local government for the area immediately before the transfer day. Page 6 2011 SL No. 39

Local Government (Operations) Amendment Regulation (No. 1) 2011 [s 12] relevant area means an area that, under a local government change mentioned in part 1, is excluded from a local government’s local government area and included in another local government’s local government area. transfer day , for a relevant area, means the day the local government change relating to the area takes effect under part 1. ‘2 Unfinished actions of former local government ‘(1) This section applies to an action started by the former local government for a relevant area that— (a) relates to the relevant area; and (b) has not been finalised before the transfer day. ‘(2) The action is taken to have been started by the current local government for the relevant area. ‘(3) In this section— action means the performance of a function or the exercise of a power, including, for example, the following— (a) making a decision on, or considering, an application about land; (b) taking action in relation to an amount of rate for land; (c) making a demand for payment of an amount of rate; (d) making a requirement under an Act. ‘3 Assets and public works in the relevant area ‘Any assets and public works in a relevant area belonging to the former local government for the relevant area immediately before the transfer day belong, from the transfer day, to the current local government for the relevant area. Example of what may be an asset belonging to a local government — material associated with a road or bridge 2011 SL No. 39 Page 7

Local Government (Operations) Amendment Regulation (No. 1) 2011 [s 12] ‘4 Application fees ‘(1) This section applies to an application made to the former local government for a relevant area that— (a) relates to the relevant area; and (b) was made under an Act or planning scheme; and (c) has not been decided immediately before the transfer day. ‘(2) As soon as practicable after the transfer day, the former local government for the relevant area must pay the fee received for the application to the current local government for the relevant area. ‘5 Planning scheme for the relevant area ‘(1) The planning scheme of a former local government for a relevant area (the existing planning scheme ) continues to apply to the relevant area after the transfer day until the current local government for the relevant area amends its planning scheme or makes a new planning scheme. ‘(2) The existing planning scheme must be implemented, administered and enforced, in relation to the relevant area, by the current local government for the relevant area as if the existing planning scheme were part of the current local government’s planning scheme. ‘6 References in documents to former local government ‘In a document relating to a relevant area, a reference to the former local government for the relevant area may, as appropriate, be taken to be a reference to the current local government for the relevant area. ‘7 Duty to assist with change to boundaries of local government areas ‘(1) The former local government for a relevant area and the current local government for the relevant area must do all acts Page 8 2011 SL No. 39

Local Government (Operations) Amendment Regulation (No. 1) 2011 [s 13] and other things necessary to help in the implementation of the change of the boundaries of their local government areas. ‘(2) Without limiting subsection (1), the former local government for the relevant area must give the current local government for the relevant area the records necessary to enable compliance with this schedule.’. 13 Amendment of sch 7 (Dictionary) Schedule 7, as renumbered— insert — ‘ current local government , for schedule 3, part 2, see schedule 3, part 2, section 1. former local government , for schedule 3, part 2, see schedule 3, part 2, section 1. relevant area , for schedule 3, part 2, see schedule 3, part 2, section 1. transfer day , for schedule 3, part 2, see schedule 3, part 2, section 1.’. ENDNOTES 1 Made by the Governor in Council on 14 April 2011. 2 Notified in the gazette on 15 April 2011. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Local Government and Planning. © State of Queensland 2011 2011 SL No. 39 Page 9