Local Government (Transitional) Amendment Regulation (No. 1) 2010 (Qld)

Queensland Local Government (Transitional) Amendment Regulation (No. 1) 2010 Subordinate Legislation 2010 No. 252 made under the Local Government Act 2009 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Insertion of new pt 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Insertion of new pt 2, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Insertion of new pt 3 and pt 4, hdg . . . . . . . . . . . . . . . . . . . . . . . . 2 Part 3 Provisions for facilitating implementation of limited reviewable local government matters 4A What this part is about . . . . . . . . . . . . . . . . . . . . . . . . 3 4B Definitions for pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4C Unfinished actions of former local government . . . . . 3 4D Assets and public works on relevant lot . . . . . . . . . . . 4 4E Application fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4F Planning scheme for relevant lot . . . . . . . . . . . . . . . . 5 4G References in documents to former local government 5 4H Duty to facilitate change in boundaries . . . . . . . . . . . 5

Local Government (Transitional) Amendment Regulation (No. 1) 2010 [s 1] 1 Short title This regulation may be cited as the Local Government (Transitional) Amendment Regulation (No. 1) 2010 . 2 Regulation amended This regulation amends the Local Government (Transitional)Regulation 2010. 3 Insertion of new pt 1, hdg Before section 1— insert— ‘Part 1 Preliminary’. 4 Insertion of new pt 2, hdg After section 2— insert— ‘Part 2 Provisions for facilitating financial matters’. 5 Insertion of new pt 3 and pt 4, hdg After section 4— insert— Page 2 2010 SL No. 252

‘Part 3 Local Government (Transitional) Amendment Regulation (No. 1) 2010 [s 5] Provisions for facilitating implementation of limited reviewable local government matters ‘4A What this part is about ‘This part makes provision to facilitate the implementation of the following limited reviewable local government matters that were implemented under section 282A of the Act— (a) a change to the external boundaries of Ipswich City Council and Scenic Rim Regional Council gazetted on 11 June 2010; (b) a change to the external boundaries of Cook Shire Council and Wujal Wujal Aboriginal Shire Council gazetted on 16 July 2010. ‘4B Definitions for pt 3 ‘In this part— current local government means the local government for a relevant lot immediately after the transfer day. former local government means the local government for a relevant lot immediately before the transfer day. relevant lot means a lot, shown on an area map mentioned in the LocalGovernment(Operations)Regulation2010 , schedule 1, column 3, that is transferred from the former local government to the current local government on the transfer day. transfer day means the day this part commences. ‘4C Unfinished actions of former local government ‘(1) To remove any doubt, it is declared that an action started by a former local government is taken to have been started by a current local government. 2010 SL No. 252 Page 3

Local Government (Transitional) Amendment Regulation (No. 1) 2010 [s 5] ‘(2) In this section— action means the performance of a function, or the exercise of a power, including the following— (a) an application about land; (b) the amount of rate for land on a relevant lot; (c) a demand for payment of an amount of rate; (d) any requirement under an Act. ‘4D Assets and public works on relevant lot ‘To remove any doubt, it is declared that the assets and public works on a relevant lot belong to the current local government. Example — Any material associated with a road or bridge is an asset. ‘4E Application fees ‘(1) This section applies to a relevant application that had not been decided by the former local government immediately before the transfer day. ‘(2) As soon as practicable after the transfer day, the former local government must pay the fee received for the relevant application to the current local government. ‘(3) In this section— relevant application means an application made— (a) before the transfer day; and (b) under an Act or a planning scheme; and (c) to the former local government for a relevant lot about land in the relevant lot. Page 4 2010 SL No. 252

Local Government (Transitional) Amendment Regulation (No. 1) 2010 [s 5] ‘4F Planning scheme for relevant lot ‘(1) An existing planning scheme applies after the transfer day until the current local government makes or amends a planning scheme to include the relevant lot. ‘(2) The existing planning scheme must be implemented, administered and enforced by the current local government to the extent it relates to the relevant lot as if the existing scheme were part of a planning scheme for its local government area. ‘(3) In this section— existing planning scheme means a planning scheme for a relevant lot made by the former local government before the transfer day. ‘4G References in documents to former local government ‘(1) A reference in a relevant document to a former local government may, as appropriate, be taken to be a reference to the current local government. ‘(2) In this section— relevant document means a document about a relevant lot. ‘4H Duty to facilitate change in boundaries ‘(1) A former local government and a current local government must do all acts and things necessary or desirable to help in the implementation of a boundary change for a relevant lot. ‘(2) Without limiting subsection (1), the former local government must give the current local government the records necessary to enable compliance with this part. ‘Part 4 Declaration’. 2010 SL No. 252 Page 5

Local Government (Transitional) Amendment Regulation (No. 1) 2010 ENDNOTES 1 Made by the Governor in Council on 16 September 2010. 2 Notified in the gazette on 17 September 2010. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Infrastructure and Planning. © State of Queensland 2010 Page 6 2010 SL No. 252