Queensland Place Names Act 1988 (Qld)

400 (1^uEEnslaznb ANNO TRICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE No. 36 of 1988 An Act to repeal the QueenslandPlace NamesAct 1981, to provide for the naming of places in Queensland and for other purposes [ASSENTED TO 26TH APRIL, 1988]

Queensland Place Names Act 1988, No. 36 401 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title . This Act may be cited as the Queensland Place Names Act 1988. 2. Repeal. The Queensland Place Names Act 1981 is repealed and in this Act is referred to as the "repealed Act". 3. Termination of membership of members of Board . The membership of the members of the Queensland Place Names Board is terminated. 4. Termination of appointment of staff. (1) The appointments of the Secretary to the Queensland Place Names Board and of any other officers to carry out the functions of that Board are terminated. (2) Subsection (1) does not otherwise affect the employment of the Secretary or the other officers referred to therein in the Public Service of Queensland. 5. Transitional . (1) Where a referral to the Queensland Place Names Board pursuant to section 25 of the repealed Act has not been resolved at the commencement of this Act, the procedure in respect thereof shall continue after that commencement as if this Act had not commenced and for that purpose the provisions of section 25 of the repealed Act shall continue to apply. (2) For the purpose of the procedure referred to in subsection (1), a reference to the Board in section 25 of the repealed Act shall be taken to be a reference to the Surveyor-General. (3) Where the procedure to assign a name to any place or to alter or omit the name of any place pursuant to sections 26, 27, 28, 29 and 30 of the repealed Act has commenced but has not been completed at the commencement of this Act, the procedure in respect thereof shall continue after that commencement as if this Act had not commenced and for the purpose of that procedure the provisions of sections 26, 27, 28, 29 and 30 of the repealed Act shall continue to apply. (4) For the purpose of the procedure referred to in subsection (3), a reference to the Board or to the secretary to the Board in sections 26, 27, 28, 29 and 30 of the repealed Act shall be taken to be a reference to the Surveyor-General. 6. Interpretation . In this Act, unless the contrary intention appears- "approved place name" means any name of a place which- (a) appears in the Gazetteer of Queensland Place Names as an approved place name; (b) has, at any time, been published in the Gazette pursuant to this Act, the repealed Act or any other Act which, prior to the commencement of the repealed Act, made provision for the naming of places in Queensland;

402 Queensland Place Names Act 1988, No. 36 or (c) has appeared on any map published by the Surveyor- General prior to the commencement of this Act. The term does not include an approved place name which has been altered or omitted pursuant to this Act, the repealed Act or any other Act which, prior to the commencement of the repealed Act, made provision for the naming of places in Queensland; "Business name" means a name, style, title or designation under which a business is carried on; "Gazetteer of Place Names" means the Gazetteer of Queensland Place Names referred to in section 7; "Minister" includes a Minister of the Crown who is temporarily performing the duties of the Minister; "place" means any physiographic (including submerged) feature or any area of land, being part of Queensland or within the coastal waters of the State as defined in the Coastal Waters (State Powers) Act 1980 (Commonwealth). The term does not include streets, roads or man made structures. 7. Gazetteer of Place Names . (1) The Gazetteer of Place Names completed and maintained by the Board under the repealed Act shall continue to be completed and maintained under this Act by the Surveyor- General or by persons from time to time authorized by him. (2) Where a name has been assigned to any place or an approved place name altered or omitted pursuant to this Act the Surveyor-General or a person authorized by him shall, as soon as possible thereafter, amend the Gazetteer of Place Names accordingly. (3) The Surveyor - General or a person authorized by him may enter in the Gazetteer of Place Names any approved place name which has not previously been entered in the Gazetteer of Place Names. 8. Powers , functions and duties of Surveyor-General. The powers, functions and duties of the Surveyor-General are- (a) to prepare and submit proposals to the Minister in respect of the assignment of names to places and the alteration and omission of approved place names; (b) to undertake, arrange and authorize research and investigation in respect of matters relating to names of places and places

Queensland Place Names Act 1988, No. 36 403 to be named and to advise the Minister in respect of these matters; (c) to omit any approved place name from official maps and plans; (d) to investigate and determine , as far as possible , the boundaries of any feature or area to which an approved place name refers; (e) to complete and maintain the Gazetteer of Place Names and other records relating to names of places and places to be named; ( f) to provide members of the public with copies of records upon payment of such sum as he may determine but not exceeding the cost of printing or otherwise reproducing the copy; (g) to exercise and discharge such other powers, functions and duties as are conferred or imposed on him by or under this Act. 9. Proposed changes under Local Government Act. (1) An Order in Council under section 5 (1) (ii) of the Local Government Act 1936- 1987 proposing to alter the name of a City, Town or Shire shall not be made unless the proposed Order in Council has first been referred to the Minister. (2) A Proclamation under section 5 (1) (ii) of the Local Government Act 1936-1987 which proposes to-constitute- (a) a Town or Shire to be a City; or (b) a Town to be a Shire or a Shire to be a Town, shall not be made unless the proposed Proclamation has first been referred to the Minister. 10. Proposal to assign etc. a name. (1) A proposal by the Surveyor- General to assign a name to any place or to alter or omit an approved place name shall be submitted to the Minister for his consideration. (2) The Minister shall decide whether or not to proceed with the proposal and if he decides to proceed, shall also decide whether or not to publish a notice of intention of the proposal and to allow objections to the proposal in accordance with sections 11 and 12. (3) Where the Minister decides to proceed with the proposal but not to publish a notice of intention in respect of the proposal and to allow objections to it, he shall refer the matter to the Governor in Council whose decision in respect thereof shall be final. If the Governor in Council approves the proposal that decision shall be published and take effect in accordance with sections 14 and 15.

404 Queensland Place Names Act 1988, No. 36 11. Publication of proposal to assign etc. a name. Where the Minister decides to publish a notice of intention of a proposal referred to in section 10, he shall- (a) cause to be published in the Gazette and in a newspaper circulating in the locality of such place (or by such other publicity medium as the Minister directs) a notice of his intention so to do, specifying in the notice the proposed name, alteration or omission; and (b) cause a copy of the notice, as soon as possible after its publication, to be displayed at the office of a Clerk of the Court or other public place situated at or near to such place and to be kept so displayed until the expiration of a period of one month from the date of the publication. 12. Objection to proposal under s. 11 . (1) Any person wishing to object to a proposal referred to in section 11 may within the period of one month referred to in that section give to the Surveyor-General notice in writing of his objection, setting out the grounds of objection. (2) As soon as practicable after the expiration of the period of one month referred to in section 11, the Surveyor-General shall inquire into and consider all objections made pursuant to this section. (3) Where, after considering any objections to a proposal referred to in section 11 the Surveyor-General- (a) decides that the proposal should not be proceeded with, the Surveyor-General, with the consent of the Minister, may abandon the proposal; or (b) decides that the proposal should be proceeded with, either with or without modification, he may so recommend to the Minister in a report which shall also set out the grounds of any objections. (4) The Minister, after considering the Surveyor-General's recommendation and the grounds of any objections, and after making such inquiry as he thinks fit may recommend to the Governor in Council that the Surveyor-General's decision be confirmed, modified or reversed, and the decision of the Governor in Council shall be final. 13. Where no objection to proposal . If no objection is received by the Surveyor-General to a proposal referred to in section 10 and published in accordance with section 11, the Minister shall refer the matter to the Governor in Council whose decision in respect thereof shall be final. 14. Final decision to be published . (1) The Surveyor-General shall cause notice of every decision of the Governor in Council to assign a name to any place or alter or omit an approved place name to be published in the Gazette.

Queensland Place Names Act 1988, No. 36 405 (2) The Surveyor-General shall cause a copy of the notice referred to in subsection (1), as soon as possible after its publication, to be displayed at the office of a Clerk of the Court or other public place situated at or near to such place and to be kept so displayed until the expiration of one month from the date of its publication. 15. Effective date of decision . (1) A decision of the Governor in Council referred to in section 14 shall take effect on and from the date of publication in the Gazette of the notice referred to in that section. (2) A copy of the Gazette containing a notice published pursuant to section 14 (1) shall, until the contrary is proved, be conclusive evidence of the matters contained therein. 16. Protection from liability . Liability at law shall not attach to the Crown, the Minister, the Surveyor-General or any other person on account of any act or thing- (a) done or omitted to be done pursuant to this Act; or (b) done or omitted to be done bona fide for the purposes of this Act and without negligence. 17. Only approved place names to be published . (1) Subject to subsections (2) and (3), a person shall not publish, by any means whatever, the name of any place that is not an approved place name. (2) Subsection (1) does not apply to the publishing of the name of a place if it is clearly stated when publishing that name that it is not an approved place name. (3) Subsection (1) does not apply to a person who prints a newspaper in accordance with the Printing and Newspapers Act 1981. 18. Offences against Act. (1) A person who contravenes or fails to comply with the provisions of section 17 commits an offence against this Act and upon conviction is liable- (a) in the case of a natural person to a penalty not exceeding 20 penalty units; (b) in the case of a body corporate to a penalty not exceeding 50 penalty units. (2) A prosecution for an offence against this Act shall be by way of summary proceedings under the Justices Act 1886-1985 on the complaint of the Minister or the Surveyor-General. (3) For the purposes of this Act the publication of an advertisement- (a) that refers to a business name shall be evidence that the advertisement was published by each person who carries on business under that business name and in the absence of evidence to the contrary, conclusive evidence of that fact; (b) that refers to a body corporate shall be evidence that the advertisement was published by that body corporate and in

406 Queensland Place Names Act 1988, No. 36 the absence of evidence to the contrary, conclusive evidence of that fact. (4) Where a body corporate commits an offence against this Act then, without derogating from section 7 of The Criminal Code, each of the following persons shall be deemed to have committed the offence and, notwithstanding section 23 of The Criminal Code or any other rule of law or practice, to be criminally responsible for the act or omission concerned therein and may be charged with the offence and punished accordingly- (a) the person who at the time the offence is committed was the chairman of directors, managing director or other governing officer by whatever name called or other member of the governing body thereof by whatever name called; and (b) every person who at the time the offence is committed manages or acts or takes part in the management, administration or government of the business in Queensland thereof. This subsection applies so as not to limit or affect in any way the liability of a body corporate to be proceeded against and punished for an offence against this Act committed by it. It is a defence to a charge for an offence against this Act brought against a person specified in provision (a) or (b) to prove that the offence was committed without that person's consent or connivance and that he exercised due diligence to prevent the commission of the offence. (5) A certificate of the Surveyor-General as to the state of the Gazetteer with respect to the name of a place (including whether the name is an approved place name) is evidence of the matters contained in the certificate and in the absence of evidence to the contrary, conclusive evidence of those matters. 19. Disposal of penalties . All penalties imposed upon a conviction in a proceeding under this Act and subsequently received shall be paid into and become part of the Consolidated Revenue Fund.