Local Government (Shire of Cooloola) Regulation 1993 (Qld)

Queensland Subordinate Legislation 1993 No. 373 Local Government Act 1936 LOCAL GOVERNMENT (SHIRE OF COOLOOLA) 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 PART 2—IMPLEMENTATION OF REVIEWABLE LOCAL GOVERNMENT MATTER 5 Abolition of existing areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 Creation of new area—Shire of Cooloola . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7 Council and its composition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 Shire of Cooloola to have 4 divisions with multiple members . . . . . . . . . . 7 PART 3—ELECTION OF FIRST COUNCIL 9 Fresh election for area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 10 Direction for extension of term of new council elected at fresh election . . 8 11 Appointment of returning officer for fresh election . . . . . . . . . . . . . . . . . . . . 8 12 Role of returning officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 13 Minister may give directions about fresh election . . . . . . . . . . . . . . . . . . . . 8 14 Qualification for office of chairperson or member . . . . . . . . . . . . . . . . . . . . 9 15 Notice of changeover day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 16 Cost of returning officer and fresh election . . . . . . . . . . . . . . . . . . . . . . . . . . 9

2 Local Government (Shire of Cooloola) No. 373, 1993 PART 4—PROVISIONS TO ASSIST IN CREATION OF NEW SHIRE Division 1—Role of new council 17 New council as successor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 18 New council to take over existing functions and powers . . . . . . . . . . . . . . . 10 19 Delegations by merging council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Division 2—By-laws and other statutory instruments 20 By-laws for Shire of Cooloola . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 21 Continuing by-laws apply only to relevant merging area . . . . . . . . . . . . . . . 11 22 By-laws governing procedures of new council . . . . . . . . . . . . . . . . . . . . . . . 11 23 Existing statutory instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Division 3—Financial matters 24 Transfer of assets and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 25 Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 26 Reference in documents to merging council . . . . . . . . . . . . . . . . . . . . . . . . . 12 27 Pending legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 28 Record of vesting of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 29 New council may levy rates made or imposed by merging council . . . . . . 13 30 Recovery of unpaid rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 31 Application of budgets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 32 Valuation of lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Division 4—Planning schemes and related matters 33 Existing planning schemes continue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 34 New council responsible for continuing planning schemes . . . . . . . . . . . . . 15 PART 5—STAFFING MATTERS Division 1—Interim clerk 35 Interim clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 36 Interim clerk to make administrative arrangements before the changeover day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 37 Organisational structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 38 Interim clerk to appoint interim departmental heads . . . . . . . . . . . . . . . . . . 17 39 Role of the interim clerk after the changeover day . . . . . . . . . . . . . . . . . . . 17 40 Costs incurred by interim clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

3 Local Government (Shire of Cooloola) No. 373, 1993 Division 2—Advisory Committees 41 Joint Interim Advisory Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 42 Joint Staff Advisory Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Division 3—Staff 43 Existing staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 44 Merging council may not dismiss employees other than for misconduct or neglect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 45 Rationalisation of staff because of the change . . . . . . . . . . . . . . . . . . . . . . . 19 46 Salary maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 47 Payments to continuing officer who is retrenched or voluntarily retires . . . 21 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 22 BY-LAWS

4 Local Government (Shire of Cooloola) No. 373, 1993 PART 1—PRELIMINARY ˙ Short title 1. This regulation may be cited as the Local Government (Shire of Cooloola) 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 provide for the implementation of the reviewable local government matter, including providing for matters dealt with by the Commissioner under section 4L of the Act. (2) Part 2 implements the reviewable local government matter and involves— (a) the abolition of the areas of the City of Gympie and the Shire of Widgee; and (b) the creation of an area named the Shire of Cooloola. (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 to the new council. (5) Part 4 contains provisions to assist in the creation of the Shire of Cooloola, including provisions about— (a) the by-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 (Shire of Cooloola) No. 373, 1993 ˙ Definitions 4. In this regulation— “asset” includes property of any type; “budget” of a merging council means the budget adopted by the merging council under section 25 of the Act for the 1993/94 financial year; “changeover day” means the day of the declaration of the poll for the fresh election under rule 23 of Schedule 3 of the Act; “continuing by-law” means a by-law mentioned in section 20 (By-laws for Shire of Cooloola); “continuing officer” means an officer of a merging council who, under section 43, becomes an officer of the new council; “continuing planning scheme” means a planning scheme mentioned in section 33(1) (Existing planning schemes continue); “employee” of a merging council means a person who, immediately before the changeover day, was employed by the council in any capacity; “fresh election” means the election to be held under section 9 (Fresh election for area); “interim clerk” means the person who is the interim clerk of the new area under section 35; “merging area” means— (a) before the changeover day—the area of the City of Gympie or Shire of Widgee; or (b) on and after the changeover day—the area that previously formed the City of Gympie or Shire of Widgee; “merging council” means— (a) the Council of the City of Gympie; or (b) the Council of the Shire of Widgee; “new area” means the area of the Shire of Cooloola; “new council” means the Council of the Shire of Cooloola; “officer” of a merging council means an employee of the council other than—

6 Local Government (Shire of Cooloola) No. 373, 1993 (a) an employee engaged on a temporary basis for less than 1 year; or (b) an employee engaged on a casual basis; or (c) an employee engaged on a contract basis (unless the employee has been appointed under the Act 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; “rate” of a merging council means— (a) a rate made by the merging council on the rateable value of land or on another basis; or (b) a fee, charge, fare, rent or due imposed by the merging council for any property, service, matter or thing; “report” of the Commissioner means the report tabled in the Legislative Assembly on 25 August 1992 about the Commissioner’s review of the external boundaries of the City of Gympie and Shire of Widgee. PART 2—IMPLEMENTATION OF REVIEWABLE LOCAL GOVERNMENT MATTER ˙ Abolition of existing areas 5. The areas of the City of Gympie and the Shire of Widgee are abolished. 1 ˙ Creation of new area—Shire of Cooloola 6.(1) The area shown delineated on Map No. LGB 39 Edition 1 is 1 The boundaries of these areas are shown on plans bearing the Surveyor-General’s Catalogue Numbers SC 314 and SC 315 respectively. Copies of these plans may be inspected at the offices of the Department of Housing, Local Government and Planning at 126 Margaret Street, Brisbane.

7 Local Government (Shire of Cooloola) created as a local authority area. 2 (2) The area is a shire. (3) The name of the shire is the Shire of Cooloola. No. 373, 1993 ˙ Council and its composition 7.(1) The council for the Shire of Cooloola is a local authority. (2) The new council consists of— (a) the chairperson; and (b) 12 members. ˙ Shire of Cooloola to have 4 divisions with multiple members 8.(1) The Shire of Cooloola consists of 4 divisions. (2) The 4 divisions are shown delineated on Map No. LGB 39 Edition 1. 3 (3) The number of councillors for each division is as follows— • Division 1—2 councillors • Division 2—4 councillors • Division 3—3 councillors • Division 4—3 councillors. (4) The divisions are for the purposes of Part 4 of the Act only. 2 Map No. LGB 39 Edition 1 may be inspected at the offices of the Department of Housing, Local Government and Planning at 126 Margaret Street, Brisbane. 3 See footnote 2.

8 Local Government (Shire of Cooloola) No. 373, 1993 PART 3—ELECTION OF FIRST COUNCIL ˙ Fresh election for area 9.(1) An election is to be held for the proposed new area on a day nominated by the Minister by Gazette notice. (2) The election must be conducted as if it were an election under the Act for a local authority. (3) The election decides who is to form the new council. ˙ Direction for extension of term of new council elected at fresh election 10. The triennial election for the new council that should be held within 1 year of the conclusion of the fresh election must not be held. 4 ˙ Appointment of returning officer for fresh election 11.(1) The Minister may, by Gazette notice, appoint a person as the returning officer for the fresh election. (2) The Minister may appoint a person only if the Minister is satisfied the person has the experience necessary to conduct the fresh election and is familiar with the duties of a returning officer under the Act. ˙ Role of returning officer 12. The returning officer must conduct the fresh election as if it were an election under the Act for a local authority. ˙ Minister may give directions about fresh election 13. The Minister may give written directions to the returning officer about the fresh election including, for example, matters about which a local authority may, under the Act, instruct a returning officer. 4 Under section 8A of the Act, the new council elected at the fresh election continues in office as if the triennial election had been held and each member of the new council is taken to have been properly elected at the triennial election.

9 Local Government (Shire of Cooloola) No. 373, 1993 Example— The printing of the ballot paper for the chairperson and the ballot papers for each division. ˙ Qualification for office of chairperson or member 14. For the purposes of the qualifications mentioned in section 7(1) of the Act, a person who lives within a merging area is taken to live within the proposed new area. ˙ Notice of changeover day 15. The Minister must, by Gazette notice, notify the day of the declaration of the poll for the fresh election as the changeover day. ˙ Cost of returning officer and fresh election 16.(1) The merging councils must pay for the cost of— (a) the appointment of the returning officer; and (b) the conduct of the fresh election. (2) An amount required for the cost may, without a resolution of a merging council, be disbursed from an amount provided for in the budget of the merging council for— (a) the triennial election due to be held in 1994; or (b) the implementation of the reviewable local government matter. (3) An amount may be paid only if the returning officer has presented an account to the clerk of the merging council.

10 Local Government (Shire of Cooloola) No. 373, 1993 PART 4—PROVISIONS TO ASSIST IN CREATION OF NEW SHIRE Division 1—Role of new council ˙ New council as successor 17.(1) The new council is the successor of the merging councils. (2) The other provisions of this Part do not limit subsection (1). ˙ New council to take over existing functions and powers 18. If, under an Act— (a) a local authority may perform a function or exercise a power; and (b) a merging council started to perform the function or exercise the power before the changeover day; the new council may continue to perform the function or exercise the power. Example 1— If, under the Local Government (Planning and Environment) Act 1990 , a merging council started the procedures to prepare a new planning scheme, the new council may complete the procedures. Example 2— If a person made an application to a merging council under an Act, the new council may deal with it. ˙ Delegations by merging council 19. If a merging council had, before the changeover day, delegated the exercise of a power to a person who is an employee of the new council, the new council is taken to have delegated the power to the person.

11 Local Government (Shire of Cooloola) No. 373, 1993 Division 2—By-laws and other statutory instruments ˙ By-laws for Shire of Cooloola 20.(1) This section applies to a by-law mentioned in the Schedule as in force immediately before the changeover day. (2) The by-law continues in force as a by-law of the new council until whichever of the following first happens— (a) it is repealed by the new council; (b) it is applied to the new area under section 21(3); (c) the end of 2 years after the changeover day. (3) The new council may amend a continuing by-law while it continues in force under subsection (2). (4) A continuing by-law is to be read with the changes necessary to make it consistent with this regulation and adapt its operation to this regulation. ˙ Continuing by-laws apply only to relevant merging area 21.(1) A continuing by-law continues in force only for the area to which it applied immediately before the changeover day. (2) However, Part 1 of Chapter 3 of the City of Gympie By-laws applies to the whole of the new area. (3) The new council may, by by-law, apply a continuing by-law to the whole of the new area, with or without changes. ˙ By-laws governing procedures of new council 22. Part 1 of Chapter 3 of the City of Gympie By-laws, as continued in force under section 20, applies to the new council. ˙ Existing statutory instruments 23.(1) This section applies to a statutory instrument in force under a by-law of a merging council immediately before the changeover day.

12 Local Government (Shire of Cooloola) No. 373, 1993 (2) The statutory instrument continues in force until whichever of the following first happens— (a) the day it would have otherwise ended under the by-law; (b) the instrument is amended or repealed under a by-law (whether a continuing by-law or a by-law made by the new council). Examples of statutory instruments— Approvals, certificates of registration and permits. (3) If the statutory instrument authorised a person to perform an activity, it is taken to authorise the activity in the merging area and not the whole of the new area. Division 3—Financial matters ˙ Transfer of assets and liabilities 24. All assets and liabilities of each merging council become assets and liabilities of the new council. ˙ Documents 25. The documents of each merging council become the documents of the new council. ˙ Reference in documents to merging council 26. In all documents (including, for example, a contract to which a merging council is a party), a reference to a merging council is taken to be a reference to the new council. ˙ Pending legal proceedings 27. A legal proceeding by or against a merging council that is not finished before the changeover day may be continued and finished by or against the new council.

13 Local Government (Shire of Cooloola) No. 373, 1993 ˙ Record of vesting of property 28. On the written request of the clerk of the new council, 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 council under section 24 (Transfer of assets and liabilities). ˙ New council may levy rates made or imposed by merging council 29.(1) This section applies if, immediately before the changeover day, a merging council— (a) had made or imposed a rate; but (b) had not given a notice levying the rate on a person or otherwise demanded payment of the rate. (2) The new council may give the person a notice levying the rate, or may otherwise demand payment of the rate, in the same way that the merging council could have given the notice or demanded payment. (3) The new council is taken to have made or imposed the rates. ˙ Recovery of unpaid rates 30.(1) This section applies if, immediately before the changeover day— (a) a merging council had made and levied, or imposed and levied, a rate on a person; and (b) 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 council had not been abolished; and (b) when the time ends—the amount of the rate is payable by the person to the new council. (3) If the time for payment of the rate had ended before the changeover day, the rate (together with any interest accruing on the rate) becomes payable by the person to the new council.

14 Local Government (Shire of Cooloola) No. 373, 1993 (4) The new council— (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 31.(1) The new council is taken to have adopted the budget of each merging council. 5 (2) The new council may disburse an amount for a matter in relation to a merging area only if— (a) the amount for the matter is provided for in the budget of the merging council; or (b) the new council resolves that the disbursement is necessary because of emergent or extraordinary circumstances (including a disbursement because of its creation). (3) Subsection (2) is subject to sections 16 and 40. ˙ Valuation of lands 32.(1) In this section— “valuation” of land means the unimproved value of the land made by the Valuer-General under the Valuation of Land Act 1944 . (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 a 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. 5 Section 25 of the Act sets out provisions about the budget adopted by a local authority.

15 Local Government (Shire of Cooloola) No. 373, 1993 Division 4—Planning schemes and related matters ˙ Existing planning schemes continue 33.(1) This section applies to a planning scheme of a merging council in force immediately before the changeover day. (2) The planning scheme continues in force as a planning scheme of the new council until it is replaced under the Local Government (Planning andEnvironment) Act 1990 . (3) The new council may 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. Examples of instruments— Applications, approvals and consents. ˙ New council responsible for continuing planning schemes 34. The new council is— (a) to implement, administer and enforce each continuing planning scheme under the LocalGovernment(PlanningandEnvironment) Act 1990 ; and (b) bound by each continuing planning scheme.

16 Local Government (Shire of Cooloola) No. 373, 1993 PART 5—STAFFING MATTERS Division 1—Interim clerk ˙ Interim clerk 35.(1) The person who is the clerk of the Shire of Widgee immediately before the notification of this regulation in the Gazette is the interim clerk for the proposed new area. (2) The Minister may, by Gazette notice, appoint a person to be the interim clerk for the proposed new area if— (a) no person is the clerk of the Shire of Widgee immediately before the notification of this regulation; or (b) the clerk of the Shire of Widgee becomes the interim clerk but cannot continue to perform the duties of the interim clerk and the members of the new council have not taken the oath of office. (3) An appointment under this section continues until the new council revokes it. ˙ Interim clerk to make administrative arrangements before the changeover day 36.(1) Before the changeover day, the interim clerk is responsible for making the administrative arrangements necessary for the new council. (2) Before making the arrangements about a matter, the interim clerk must have regard to any recommendations of the Joint Interim Advisory Committee about the matter. ˙ Organisational structure 37.(1) The interim clerk is responsible for the administration of the new council. (2) The administration consists of the following 6 departments— • Community Services Department

17 Local Government (Shire of Cooloola) No. 373, 1993 • Corporate Services Department • Engineering and Design Department • Finance Department • Planning and Development Department • Works Department. (3) The new council must establish its own structure, and the staffing arrangements for the structure, as soon as practicable after the changeover day. ˙ Interim clerk to appoint interim departmental heads 38.(1) The interim clerk may appoint persons to be the interim departmental heads. (2) The interim clerk may appoint a person to be the interim departmental head of a department only if the Joint Staff Advisory Committee recommended the appointment of the person as the departmental head of the department. ˙ Role of the interim clerk after the changeover day 39. After the changeover day, the interim clerk must perform the functions of the clerk of the new area under the Act. ˙ Costs incurred by interim clerk 40.(1) The merging councils must pay for the cost of any administrative arrangements incurred by the interim clerk before the changeover day. (2) An amount required for the cost may, without a resolution of a merging council, be disbursed from the amount provided for in the budget of the merging council for— (a) the triennial election due to be held in 1994; or (b) the implementation of the reviewable local government matter. (3) An amount may be paid only if the interim clerk has presented an account to the clerk of the merging council.

18 Local Government (Shire of Cooloola) No. 373, 1993 Division 2—Advisory Committees ˙ Joint Interim Advisory Committee 41.(1) A Joint Interim Advisory Committee is established. (2) The Committee’s function is to make recommendations about administrative arrangements for the new council. (3) Each member of a merging council is a member of the Committee. (4) The Committee may conduct its meetings in the way it considers appropriate. Example— Selection of the person to preside at the meeting. (5) Committee meetings are to be held at the times and places the Committee decides. (6) The interim clerk must call the first meeting of the Committee. (7) Ten members form a quorum. (8) The Committee ends on the changeover day. ˙ Joint Staff Advisory Committee 42.(1) A Joint Staff Advisory Committee is established. (2) The Committee’s function is to recommend to the interim clerk the appointment of persons for the positions of interim departmental heads. (3) The following persons are members of the Committee— (a) the chairperson and deputy chairperson of each merging council; (b) a person appointed by the Minister. (4) The person appointed under subsection (3)(b)— (a) must not be a member of a merging council; and (b) is the chairperson of the Committee. (5) Committee meetings are to be held at the times and places the Committee decides.

19 Local Government (Shire of Cooloola) No. 373, 1993 (6) However, the chairperson may call a meeting at any time. (7) The chairperson must preside at all meetings. (8) All members must be present at a meeting. (9) The Committee ends on the changeover day. Division 3—Staff ˙ Existing staff 43.(1) A person who, immediately before the changeover day, was an employee of a merging council becomes an employee of the new council. (2) The employee remains entitled to all existing and accruing rights of employment. (3) If an employee was suspended by a merging council before the changeover day, the suspension continues and must be dealt with by the new council. ˙ Merging council may not dismiss employees other than for misconduct or neglect 44.(1) A merging council must not dismiss an employee other than for misconduct or neglect. (2) If a merging council purports to dismiss an employee in contravention of subsection (1), the employee— (a) is taken not to have been dismissed; and (b) is taken to be an employee of the merging council immediately before the changeover day. (3) This section expires at the beginning of the changeover day. ˙ Rationalisation of staff because of the change 45.(1) If, within 2 years after the changeover day, the new council starts to take any of the following actions merely because of the abolition of a merging area and the creation of the new area, the new council must comply

20 Local Government (Shire of Cooloola) No. 373, 1993 with the Guidelines and Parameters for the Rationalisation of Staff as set out in section 23.1 of the report— (a) an appointment of an officer; (b) the declaration of an office or position as redundant; (c) a redeployment of an officer; (d) a retrenchment of an officer. (2) Subsection (1) is subject to sections 46 and 47. (3) Before the new council retrenches a continuing officer— (a) the council must— (i) try to redeploy or appoint the officer to a suitable position; or (ii) decide, by resolution, that redeployment of the officer, or appointment of the officer to another position, is not practicable; and (b) the officer must have given the council a notice, signed by the officer, rejecting an offer of voluntary early retirement. ˙ Salary maintenance 46.(1) If— (a) a continuing officer is appointed to a position in the new council; and (b) the salary or wage for the position is less than the salary or wage to which the continuing officer was entitled for the permanent position the officer held in the merging council; the officer must be paid an allowance that is the difference between the 2 salaries or wages. (2) The allowance continues under subsection (1) until whichever of the following first happens— (a) the person stops being an officer of the new council; (b) the person is appointed to a position in the new council and the salary or wage for the position is equal to, or more than, the salary or wage for the permanent position held by the officer in

21 Local Government (Shire of Cooloola) No. 373, 1993 the merging council; (c) the end of 1 year after the officer’s appointment to a permanent position in the new council. ˙ Payments to continuing officer who is retrenched or voluntarily retires 47.(1) This section applies to a continuing officer whose services are terminated by way of retrenchment, or who voluntary retires, if— (a) the procedures for the retrenchment or retirement started within 2 years after the changeover day; and (b) the retrenchment or retirement arose merely because of the abolition of a merging area and the creation of the new area. (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 it 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 in place of the severance entitlements mentioned in section 23.1.13 of the report.

22 Local Government (Shire of Cooloola) No. 373, 1993 ¡ SCHEDULE BY-LAWS section 20 BY-LAWS OF THE CITY OF GYMPIE CHAPTER 2 3 (Part 1 only) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 SUBJECT MATTER General provisions tPhreocCeoeudnincigls, Business and Officers of Traffic, etc. Encroachments and Projections Sewerage and Drainage Roads Signboards and Signs Spouts, Gutters, etc. Nuisances, Sanitary Conveniences, House Refuse Discard or Disused Machinery, Second-hand Materials Safety and Convenience Lodging Houses Houses Let in Lodgings or Occupied by Members of More than One Family Theatres, etc. Animals, etc. Noxious Weeds Parks Bathing Water Miscellaneous Provisions Town Planning Scheme for The City of Gympie Town Planning

23 Local Government (Shire of Cooloola) No. 373, 1993 SCHEDULE (continued) 24 Regulated Parking and Control of Traffic and Obstructions on Roads 25 Subdivision of Land 26 Private Swimming Pools 27 Libraries 28 Private Works 29 Regulated Off-Street Parking Areas 30 Group Title Development Note 31 Felling and Delimbing of Trees 32 Reward for Damage etc, to Council Property 33 Extraordinary Traffic 34 Dangerous Mine Subsidences on Land 35 Filling and Evacuation of Land BY-LAWS OF THE SHIRE OF WIDGEE CHAPTER 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 SUBJECT MATTER General Provisions Encroachments and Projections Drains, Drainage and Gutters Safety and Convenience Roads and Control of Traffic and Obstructions on Road Parks, Reserves and Foreshores Bridges and Culverts Advertisements Places of Public Amusement or Public Resort Licensed Gates Animals and Birds Sewerage and Drainage Nuisance, etc. Bathing and Water Noxious Weeds

24 Local Government (Shire of Cooloola) No. 373, 1993 SCHEDULE (continued) 18 Passage of Stock 20 Discount on Rates 21 Jetties, Barge Loading Ramps and Boat Ramps 22 Water Supply 23 Noise Nuisance 24 Buildings 25 Motels 26 Subdivision of Land 27 Camping, Caravans, Caravan Parks and Cabins 28 Public Conveniences 29 Bathing Reserves 30 Council Saleyards and Private Saleyards 31 Discarded or Disused Machinery, Second-hand Materials and the like 32 Interim Development 33 Allotment Numbers 34 Town Planning Scheme (Town Planning By-laws) 35 Ferries 36 Overgrown Allotment 37 Cemeteries 38 Group Title Development 39 Aerodromes ENDNOTES 1. Made by the Governor in Council on 7 October 1993. 2. Notified in the Gazette on 8 October 1993. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Housing, Local Government and Planning. The State of Queensland 1993