Local Government Reform Implementation (Transferring Areas) Amendment Regulation (No. 2) 2008 (Qld)

Queensland Local Government Reform Implementation (Transferring Areas) Amendment Regulation (No. 2) 2008 Subordinate Legislation 2008 No. 66 made under the Local Government Act 1993 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of s 45 (Requirements by transferring local government in relation to infrastructure). . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s 46 (Requirements by receiving local government in relation to infrastructure). . . . . . . . . . . . . . . . . . . . 3

Local Government Reform Implementation (Transferring Areas) Amendment Regulation (No. 2) 2008 [s 1] 1 Short title This regulation may be cited as the Local Government Reform Implementation (Transferring Areas) Amendment Regulation (No. 2) 2008 . 2 Regulation amended This regulation amends the LocalGovernmentReformImplementation (Transferring Areas) Regulation 2007. 3 Amendment of s 45 (Requirements by transferring local government in relation to infrastructure) (1) Section 45, heading, ‘by transferring local government’— omit, insert — ‘ before changeover day ’. (2) Section 45(1), ‘This section’— omit, insert — ‘Subsection (2)’. (3) Section 45— insert — ‘(3) Subsection (4) applies to any requirement about infrastructure in relation to the transferring local government’s adjusted local government area, including, for example, either of the following, made by the transferring local government before the changeover day for its adjusted local government area— (a) levying a charge for infrastructure under the PlanningAct, chapter 5, part 1; (b) imposing a condition on a development approval, under the Planning Act, section 6.1.31, requiring land, works, or a contribution towards the cost of supplying infrastructure. ‘(4) The requirement— (a) continues to apply from the changeover day for the transferring local government’s adjusted local Page 2 2008 SL No. 66

Local Government Reform Implementation (Transferring Areas) Amendment Regulation (No. 2) 2008 [s 4] government area as a requirement of the transferring local government; and (b) is lawful to the extent it would have been lawful had the reform implementation provisions never been enacted.’. 4 Amendment of s 46 (Requirements by receiving local government in relation to infrastructure) (1) Section 46, heading, ‘by receiving local government’— omit, insert — ‘ after changeover day ’. (2) Section 46(1), ‘This section’— omit, insert — ‘Subsection (2)’. (3) Section 46(1)(a), ‘imposed’— omit . (4) Section 46(2)— omit, insert — ‘(2) The receiving local government may, from the changeover day for its local government area, impose the requirement, or impose the condition on a development approval, in relation to the transferring area. ‘(3) A requirement or condition imposed under subsection (2) is lawful to the extent it would have been lawful had the reform implementation provisions never been enacted and the requirement or condition had been imposed by the transferring local government. ‘(4) Subsection (5) applies if a transferring local government may, immediately before the changeover day for its adjusted local government area, and in relation to the adjusted local government area— (a) impose any requirement in relation to infrastructure under the Planning Act, chapter 5; or 2008 SL No. 66 Page 3

Local Government Reform Implementation (Transferring Areas) Amendment Regulation (No. 2) 2008 [s 4] (b) impose a condition on a development approval, under the Planning Act, section 6.1.31, requiring land, works, or a contribution towards the cost of supplying infrastructure. ‘(5) The transferring local government may, from the changeover day for its adjusted local government area, impose the requirement, or impose the condition on a development approval, in relation to the adjusted local government area. ‘(6) A requirement or condition imposed under subsection (5) is lawful to the extent it would have been lawful had the reform implementation provisions never been enacted.’. ENDNOTES 1 Made by the Governor in Council on 13 March 2008. 2 Notified in the gazette on 14 March 2008. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Local Government, Sport and Recreation. © State of Queensland 2008 Page 4 2008 SL No. 66