LOCAL GOVERNMENT AND OTHER LEGISLATION AMENDMENT BILL 2001

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LOCAL GOVERNMENT AND OTHER LEGISLATION AMENDMENT BILL 2001

Queensland LOCAL GOVERNMENT AND OTHER LEGISLATION AMENDMENT BILL 2001

Queensland LOCAL GOVERNMENT AND OTHER LEGISLATION AMENDMENT BILL 2001 TABLE OF PROVISIONS Section Page PART 1--PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PART 2--AMENDMENT OF LOCAL GOVERNMENT ACT 1993 3 Act amended in pt 2 and schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5 Insertion of new ch 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 CHAPTER 2A--TOWNSVILLE-THURINGOWA WATER SUPPLY JOINT BOARD PART 1--PRELIMINARY 60A Definitions for ch 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 PART 2--ESTABLISHMENT, JURISDICTION AND POWERS Division 1--Establishment of joint board 60B Establishment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 60C Legal status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 60D Joint board's seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Division 2--Jurisdiction and powers of joint board 60E Jurisdiction of joint board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 60F Powers of joint board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 PART 3--MEMBERSHIP Division 1--Composition of joint board 60G Composition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Division 2--Provisions about chairperson 60H Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

2 Local Government and Other Legislation Amendment Bill 2001 60I Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 60J Casual vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 60K Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 60L Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Division 3--Provisions about other members 60M Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 60N Delegate members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 60O Casual vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Division 4--Duties of joint members 60P Overriding duty of joint board member . . . . . . . . . . . . . . . . . . . . . . . 15 PART 4--PROCEEDINGS 60Q Presiding at meetings in absence of chairperson . . . . . . . . . . . . . . . . 15 PART 5--APPLICATION OF ACT TO JOINT BOARD 60R Provisions of Act applying to joint board . . . . . . . . . . . . . . . . . . . . . 15 60S How applied provisions apply to the joint board . . . . . . . . . . . . . . . . 17 60T Application of ch 8, pt 6 and ch 10 . . . . . . . . . . . . . . . . . . . . . . . . . . 18 PART 6--MISCELLANEOUS 60U Site of public office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 60V Contribution by local governments . . . . . . . . . . . . . . . . . . . . . . . . . . 19 60W Disbursement of surplus in operating fund of joint board . . . . . . . . . 19 60X Application of certain Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 60Y No power to make or levy rate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 60Z Concurrent employment of local government employees . . . . . . . . . 20 60ZA Inconsistency between local laws . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 60ZB Dissolution of Townsville or Thuringowa City Council . . . . . . . . . . 21 6 Insertion of new s 224A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 224A Councillor ceases to be councillor on becoming candidate for an Australian Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 7 Amendment of s 298 (Qualification for nomination) . . . . . . . . . . . . . . . . . . 22 8 Insertion of new s 854A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 854A No jurisdiction to make local laws and subordinate local laws about distributing how-to-vote cards . . . . . . . . . . . . . . . . . . . . . . . 23 9 Insertion of new ch 13, pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

3 Local Government and Other Legislation Amendment Bill 2001 PART 6--KURANDA RAIL LINE Division 1--Preliminary 955A Definitions for pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Division 2--Tourist infrastructure levy 955B Imposition of levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 955C Payment of levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 955D Unpaid levy interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 955E Recovery of unpaid amounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Division 3--Miscellaneous provisions 955F Obligation to give annual statements . . . . . . . . . . . . . . . . . . . . . . . . . 25 955G How levy is to be applied. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Division 4--Expiry of pt 6 955H Expiry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 10 Insertion of new ch 19, pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 PART 6--TRANSITIONAL PROVISIONS FOR LOCAL GOVERNMENT AND OTHER LEGISLATION AMENDMENT ACT 2001 Division 1--Preliminary 1245 Interpretation for pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Division 2--Transitional provisions for Townsville-Thuringowa water supply joint board 1246 Former board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 1247 Assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 1248 Exemption from State tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 1249 Rights and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 1250 Existing entitlement to take water . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 1251 Existing contracts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 1252 Contracts and tendering--application of ch 6, pt 3 . . . . . . . . . . . . . . 27 1253 Guarantees, undertakings and securities . . . . . . . . . . . . . . . . . . . . . . 28 1254 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 1255 Discontinuance or lessening of supply of water . . . . . . . . . . . . . . . . 28 1256 Former board's manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 1257 Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

4 Local Government and Other Legislation Amendment Bill 2001 1258 Superannuation options for continuing employees . . . . . . . . . . . . . . 30 1259 Transfer of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 1260 Corporate and operational plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 1261 Corporate and operational plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 1262 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 1263 Remuneration of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 1264 Appointment of chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 1265 Appointment of other members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 1266 References to former board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 1267 Transitional regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . 33 Division 3--Repeal 1268 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 PART 3--AMENDMENT OF INTEGRATED PLANNING ACT 1997 11 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 12 Replacement of s 3.6.5 (When development application may be called in) . 34 3.6.5 When a development application may be called in . . . . . . . . . . . . . . 34 13 Amendment of s 3.7.8 (When pt 7 does not apply). . . . . . . . . . . . . . . . . . . . 34 14 Insertion of new s 6.1.12A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 6.1.12A Interim development control provisions for the shires of Wambo and Belyando . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 15 Amendment of s 6.1.45A (Development control plans under repealed Act) 36 PART 4--AMENDMENT OF LAND TITLE ACT 1994 16 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 17 Amendment of s 83 (Registration of easement) . . . . . . . . . . . . . . . . . . . . . . 36 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 38 AMENDMENTS OF LOCAL GOVERNMENT ACT 1993

2001 A BILL FOR An Act to amend certain local government legislation, and for other purposes

s1 6 s4 Local Government and Other Legislation Amendment Bill 2001 The Parliament of Queensland enacts-- 1 PART 1--PRELIMINARY 2 1 Short title Clause 3 This Act may be cited as the Local Government and Other Legislation 4 Amendment Act 2001. 5 2 Commencement Clause 6 (1) Part 3, other than sections 12 to 14, is taken to have commenced on 7 30 March 1998. 8 (2) Sections 5 and 10 commence on 30 June 2001. 9 (3) Section 9 commences on a day to be fixed by proclamation. 10 PART 2--AMENDMENT OF LOCAL GOVERNMENT 11 ACT 1993 12 3 Act amended in pt 2 and schedule Clause 13 (1) This part amends the Local Government Act 1993. 14 (2) The schedule also includes amendments of the Local Government 15 Act 1993. 16 4 Amendment of s 3 (Definitions) Clause 17 (1) Section 3-- 18 insert-- 19 ` "joint board" means the Townsville-Thuringowa Water Supply Joint 20 Board established under chapter 2A.'. 21 (2) Section 3, definition "member", paragraphs (b) to (d)-- 22

s5 7 s5 Local Government and Other Legislation Amendment Bill 2001 renumber as paragraphs (c) to (e). 1 (3) Section 3, definition "member"-- 2 insert-- 3 `(b) for the joint board--see section 60A; or'. 4 5 Insertion of new ch 2A Clause 5 After chapter 2-- 6 insert-- 7 `CHAPTER 2A--TOWNSVILLE-THURINGOWA 8 WATER SUPPLY JOINT BOARD 9 `PART 1--PRELIMINARY 10 `60A Definitions for ch 2A 11 `In this chapter-- 12 "applied provision" means a provision of this Act that, under section 60R, 13 applies to the joint board. 14 "conclusion date", for quadrennial elections of the Townsville and 15 Thuringowa City Councils, means-- 16 (a) if the elections conclude on the same day--the day the elections 17 conclude; or 18 (b) if the elections conclude on different days--the later of the days. 19 "dam" means a barrier, and its associated works, for the storage, control or 20 diversion of water. 21 "headworks" means a dam (including any pipes in outlet works or laid 22 under a dam), reservoir, structure, tunnel or equipment used for, or in 23 connection with, the storage, control or diversion of water. 24 "joint board" means the Townsville-Thuringowa Water Supply Joint 25 Board. 26 "member" means a member of the joint board. 27

s5 8 s5 Local Government and Other Legislation Amendment Bill 2001 "operational area", for the Townsville-Thuringowa Water Supply Joint 1 Board, means the local government areas for Townsville and 2 Thuringowa City Councils. 3 "qualified person", for appointment as chairperson of the joint board, 4 means a person-- 5 (a) who lives in the local government area for the Townsville or 6 Thuringowa City Council; and 7 (b) who is, under the Electoral Act 1992, an elector for an electoral 8 district, or a part of an electoral district, included in the local 9 government area for the Townsville or Thuringowa City Council; 10 and 11 (c) who has the appropriate qualifications, skills or experience to 12 perform the chairperson's role.1 13 "reservoir" means an artificial lake, pond or basin formed by the 14 construction of a dam. 15 "treatment works" means any building, storage tank, mechanical or 16 electrical equipment or other part of any works used mainly for the 17 quality control or purification of water, including any associated trunk 18 mains. 19 "trunk main" means a pipe, aqueduct, structure or equipment used for, or 20 in connection with, the prechlorination or conveyance of water from 21 headworks, or to or from treatment works. 22 `PART 2--ESTABLISHMENT, JURISDICTION AND 23 POWERS 24 `Division 1--Establishment of joint board 25 `60B Establishment 26 `The Townsville-Thuringowa Water Supply Joint Board is established. 27 1 The chairperson's role is provided for by the application of section 60R (to the extent it relates to sections 229 and 231) and section 60S.

s5 9 s5 Local Government and Other Legislation Amendment Bill 2001 `60C Legal status 1 `The joint board-- 2 (a) is a body corporate; and 3 (b) has a common seal; and 4 (c) may sue and be sued in its corporate name. 5 `60D Joint board's seal 6 `(1) The joint board's seal must include its name. 7 `(2) The seal must be kept in the custody directed by the joint board and 8 may be used only as authorised by it. 9 `(3) The attaching of the seal to a document must be witnessed as 10 authorised by the joint board. 11 `(4) Judicial notice must be taken of the imprint of the seal appearing on 12 a document and the document must be presumed to have been properly 13 sealed unless the contrary is proved. 14 `Division 2--Jurisdiction and powers of joint board 15 `60E Jurisdiction of joint board 16 `(1) The joint board's jurisdiction is as follows-- 17 (a) obtaining, conserving and storing treated, or untreated, water in 18 bulk in the operational area; 19 (b) treating water in bulk in the operational area; 20 (c) supplying treated, or untreated, water in bulk to-- 21 (i) Townsville and Thuringowa City Councils; and 22 (ii) consumers in the operational area; 23 (d) selling to its consumers treated, or untreated, water in bulk on 24 conditions the joint board considers appropriate; 25 (e) investigating and planning for headworks, treatment works and 26 trunk mains the joint board considers appropriate to meet the 27 present and future bulk water requirements of its consumers; 28

s5 10 s5 Local Government and Other Legislation Amendment Bill 2001 (f) doing all things the joint board considers appropriate to ensure 1 and maintain the quality and quantity of present and future 2 supplies of water in the operational area; 3 (g) constructing, operating and maintaining and, if necessary, 4 improving or extending headworks, treatment works and trunk 5 mains under the joint board's control; 6 (h) providing roads and communications, offices, stores, depots, 7 houses and other accommodation the joint board considers 8 appropriate to carry out its jurisdiction; 9 (i) providing, operating, protecting and maintaining recreational 10 facilities the joint board considers appropriate at headworks or on 11 any other land or property owned by, or under the control of, the 12 joint board; 13 (j) entering into commercial arrangements for the operation of the 14 recreational facilities; 15 (k) doing anything incidental to the proper carrying out of its 16 jurisdiction. 17 `(2) The joint board may, under arrangements entered into by it with a 18 non-participating local government, supply water in bulk, whether treated 19 or untreated, to-- 20 (a) a part of the local government's area; or 21 (b) a consumer located in the local government's area. 22 `(3) In this section-- 23 "non-participating local government" means a local government other 24 than Townsville City Council or Thuringowa City Council. 25 `60F Powers of joint board 26 `(1) The joint board has, in the exercise of its jurisdiction, all the powers 27 of an individual. 28 `(2) The joint board may, for example-- 29 (a) enter into contracts; and 30 (b) acquire, hold, deal with and dispose of property; and 31 (c) make charges for services and facilities it supplies; and 32

s5 11 s5 Local Government and Other Legislation Amendment Bill 2001 (d) do anything else necessary or convenient to be done for, or in 1 connection with, the exercise of its jurisdiction. 2 `(3) Without limiting subsection (1), the joint board also has the powers 3 given to it under this or another Act. 4 `(4) The joint board may exercise its powers inside and outside its 5 operational area. 6 `PART 3--MEMBERSHIP 7 `Division 1--Composition of joint board 8 `60G Composition 9 `(1) The joint board consists of the following members-- 10 (a) 2 councillors of the Townsville City Council; 11 (b) 2 councillors of the Thuringowa City Council; 12 (c) a qualified person appointed by the Townsville and Thuringowa 13 City Councils. 14 `(2) The member mentioned in subsection (1)(c) is the chairperson of the 15 joint board. 16 `Division 2--Provisions about chairperson 17 `60H Appointment 18 `(1) The Townsville and Thuringowa City Councils must-- 19 (a) agree, between the councils, on a qualified person who is to be 20 appointed to be a member, and the chairperson, of the joint 21 board; and 22 (b) by resolution, appoint the person to be a member, and the 23 chairperson, of the joint board. 24

s5 12 s5 Local Government and Other Legislation Amendment Bill 2001 `(2) The appointment of the chairperson must be made within 1 month 1 after the conclusion date for the last quadrennial elections of the 2 Townsville and Thuringowa City Councils. 3 `(3) If the Townsville and Thuringowa City Councils do not appoint the 4 chairperson within 1 month after the conclusion date, the Governor in 5 Council may appoint a qualified person to be the chairperson.2 6 `60I Duration of appointment 7 `(1) If the chairperson is appointed by the Townsville and Thuringowa 8 City Councils, the term of office of the chairperson starts on-- 9 (a) if the resolutions by which the chairperson is appointed are 10 passed on the same day (the "resolution day")--the day after 11 the resolution day; or 12 (b) if the resolutions by which the chairperson is appointed are 13 passed on different days--the day after the later of the days. 14 `(2) If the chairperson is appointed by the Governor in Council, the term 15 of office of the chairperson starts on the day stated in the instrument of 16 appointment. 17 `(3) The term of office of the chairperson ends on-- 18 (a) if another person (the "incoming chairperson") is appointed as 19 chairperson--the day before the day on which the term of office 20 of the incoming chairperson starts; or 21 (b) the day the chairperson's office otherwise becomes vacant. 22 `60J Casual vacancies 23 `(1) If a vacancy happens in the office of the chairperson, the Townsville 24 and Thuringowa City Councils must-- 25 (a) agree, between the councils, on a qualified person to fill the 26 vacancy; and 27 (b) by resolution, appoint the person to fill the vacancy. 28 2 See also section 1264 (Appointment of chairperson).

s5 13 s5 Local Government and Other Legislation Amendment Bill 2001 `(2) If the Townsville and Thuringowa City Councils do not appoint a 1 chairperson, within 2 months after the vacancy happens, the Governor in 2 Council may appoint a qualified person to be the chairperson. 3 `60K Vacation of office 4 `(1) The office of the chairperson becomes vacant if3-- 5 (a) the chairperson resigns; or 6 (b) the chairperson is in prison; or 7 (c) the chairperson ceases to be a qualified person; or 8 (d) the chairperson is an undischarged bankrupt under the 9 Bankruptcy Act 1966 (Cwlth); or 10 (e) the chairperson has executed a deed of arrangement as a debtor 11 under the Bankruptcy Act 1966 (Cwlth), part X and the terms of 12 the deed have not been fully complied with; or 13 (f) the chairperson's creditors have accepted a composition under 14 the Bankruptcy Act 1966 (Cwlth), part X and a final payment has 15 not been made under the composition; or 16 (g) the chairperson's appointment is ended under subsection (2). 17 `(2) The chairperson's appointment ends if, at any time, both the 18 Townsville City Council and Thuringowa City Council resolve to end the 19 appointment for any reason or none. 20 `60L Resignation 21 `(1) The chairperson may resign by signed notice of resignation given to 22 the chief executive officer of the joint board. 23 `(2) The resignation takes effect when it is given to the chief executive 24 officer unless it is expressed to take effect on a later date. 25 3 Vacation of the office of the chairperson is also dealt with in section 222 which is a provision applied to the joint board under section 60R.

s5 14 s5 Local Government and Other Legislation Amendment Bill 2001 `Division 3--Provisions about other members 1 `60M Appointment 2 `(1) The Townsville City Council must, by resolution, appoint 2 of its 3 councillors as members of the joint board. 4 `(2) The Thuringowa City Council must, by resolution, appoint 2 of its 5 councillors as members of the joint board. 6 `(3) The appointment of the members must be made within 1 month after 7 the conclusion date for the last quadrennial elections of the Townsville and 8 Thuringowa City Councils. 9 `(4) If a council does not appoint 2 of its councillors as members within 10 1 month after the conclusion date, the Governor in Council may, by gazette 11 notice, appoint the number of councillors of the council necessary to make 12 up the required number of members.4 13 `60N Delegate members 14 `(1) The Townsville City Council must, by resolution, appoint from its 15 councillors 1 person as a delegate member for the joint board. 16 `(2) The Thuringowa City Council must, by resolution, appoint from its 17 councillors 1 person as a delegate member for the joint board. 18 `(3) In the absence of a member appointed by a council, the delegate 19 member of the council may act as the member. 20 `60O Casual vacancies 21 `(1) If a vacancy happens in the office of a member, or delegate member, 22 appointed by the Townsville City Council, the council must, by resolution, 23 appoint from its councillors a new member, or new delegate member, to fill 24 the vacancy. 25 `(2) If a vacancy happens in the office of a member, or delegate member, 26 appointed by the Thuringowa City Council, the council must, by resolution, 27 appoint from its councillors a new member, or new delegate member, to fill 28 the vacancy. 29 4 See also section 1264 (Appointment of other members).

s5 15 s5 Local Government and Other Legislation Amendment Bill 2001 `(3) The appointment must be made within 2 months after the vacancy 1 happens. 2 `Division 4--Duties of joint members 3 `60P Overriding duty of joint board member 4 `In taking part in the exercise of the joint board's jurisdiction, a member 5 of the joint board must act in the best interests of-- 6 (a) the whole of the operational area; and 7 (b) the responsible exercise of the joint board's jurisdiction in the 8 area. 9 `PART 4--PROCEEDINGS 10 `60Q Presiding at meetings in absence of chairperson 11 `If the chairperson is absent from a meeting of the joint board, the 12 member chosen by the members present at the meeting presides. 13 `PART 5--APPLICATION OF ACT TO JOINT BOARD 14 `60R Provisions of Act applying to joint board 15 `(1) The following provisions of this Act apply to the joint board in 16 exercising its jurisdiction-- 17 � section 22 18 � sections 24 to 27 19 � sections 30 and 31 20 � sections 160 to 163 21 � sections 167 to 177 22

s5 16 s5 Local Government and Other Legislation Amendment Bill 2001 � section 222 1 � section 224 2 � section 226 3 � sections 228 to 231 4 � sections 237 to 240 5 � sections 243 to 250 6 � sections 443 to 473 7 � sections 481 to 492 8 � sections 494 to 537 9 � section 543 10 � section 545 11 � sections 571 to 583 12 � section 769 13 � section 772 14 � section 783 15 � sections 784 to 788 16 � sections 790 to 848 17 � sections 850 to 899D 18 � sections 974 (other than subsection (1)(f)) and 975 19 � sections 1060 to 1065 20 � sections 1069 to 1077 21 � sections 1080 to 1104 22 � sections 1106 to 1113 23 � section 1115 24 � section 1117 25 � sections 1119 to 1123 26 � sections 1126 to 1136 27 � sections 1138 to 1193. 28

s5 17 s5 Local Government and Other Legislation Amendment Bill 2001 `(2) Also, the following apply to the joint board in exercising its 1 jurisdiction-- 2 (a) any definition in this Act relevant to a provision mentioned in 3 subsection (1); 4 (b) a regulation made under a provision mentioned in subsection (1). 5 `60S How applied provisions apply to the joint board 6 `(1) In an applied provision-- 7 (a) a reference to a local government area or a local government's 8 territorial unit includes a reference to the joint board's 9 operational area; and 10 (b) a reference to a local government includes a reference to the joint 11 board; and 12 (c) a reference to the mayor of a local government includes a 13 reference to the chairperson of the joint board; and 14 (d) a reference to a councillor of a local government includes a 15 reference to a member of the joint board; and 16 (e) a reference to the chief executive officer of a local government 17 includes a reference to the chief executive officer of the joint 18 board; and 19 (f) a reference to a significant business activity of a local 20 government is a reference to the joint board's jurisdiction. 21 `(2) Despite subsection (1)(d), in section 2285 a reference to a councillor 22 of a local government does not include a reference to the member who is 23 the chairperson of the joint board. 24 `(3) An applied provision applies to the joint board with all necessary 25 changes. 26 5 Section 228 (Resignation from office as a councillor)

s5 18 s5 Local Government and Other Legislation Amendment Bill 2001 `60T Application of ch 8, pt 6 and ch 10 1 `(1) For applying chapter 8, part 66-- 2 (a) the joint board's jurisdiction is taken to have been identified as a 3 new type 2 business activity; and 4 (b) the joint board is taken to have resolved to implement 5 commercialisation of its jurisdiction. 6 `(2) For applying chapter 107-- 7 (a) the joint board's jurisdiction is taken to have been identified as a 8 new type 2 business activity under chapter 8 in the financial year 9 ending 30 June 2002; and 10 (b) a reference to a consumer of a service includes a reference to the 11 following-- 12 (i) Townsville City Council; 13 (ii) Thuringowa City Council; 14 (iii) an entity under the Local Government Finance Standard 15 1994, part 11.8 16 `PART 6--MISCELLANEOUS 17 `60U Site of public office 18 `(1) The joint board must keep premises for use as its public office. 19 `(2) The public office must be in the joint board's operational area. 20 6 Chapter 8 (National competition reform of significant business activities), part 6 (Commercialisation of significant business activities) 7 Chapter 10 (Reform of certain water and sewerage services) 8 Local Government Finance Standard 1994, part 11 (Reform of certain water and sewerage services)

s5 19 s5 Local Government and Other Legislation Amendment Bill 2001 `60V Contribution by local governments 1 `(1) Townsville and Thuringowa City Councils must pay to the joint 2 board's operating fund the proportion prescribed under a regulation of the 3 amount required in each financial year for the joint board's operations. 4 `(2) If a council does not pay the required amount by the date stated in 5 the regulation-- 6 (a) the unpaid amount bears interest at the rate stated in the 7 regulation; and 8 (b) the joint board may recover the unpaid amount and interest as a 9 debt in a court of competent jurisdiction. 10 `60W Disbursement of surplus in operating fund of joint board 11 `(1) If, at the end of a financial year, there is a surplus in the operating 12 fund of the joint board, the surplus may be disbursed to any purpose (an 13 "approved purpose") within the jurisdiction of local government 14 approved by the Townsville and Thuringowa City Councils. 15 `(2) Despite section 523,9 a purpose to which the surplus is disbursed 16 need not be a purpose within the jurisdiction of the joint board. 17 `(3) For making a disbursement under subsection (1) for an approved 18 purpose, the disbursement may be made-- 19 (a) to the Townsville and Thuringowa Councils for the purpose; or 20 (b) directly by the joint board for the purpose. 21 `60X Application of certain Acts 22 `(1) The joint board is-- 23 (a) a constructing authority under the Acquisition of Land Act 1967; 24 and 25 (b) a public sector entity under the Financial Administration and 26 Audit Act 1977; and 27 (c) an agency under the Freedom of Information Act 1992; and 28 9 Section 523 (Councillors' liability for disbursements)

s5 20 s5 Local Government and Other Legislation Amendment Bill 2001 (d) a local government authority under the Judicial Review Act 1991; 1 and 2 (e) an agency under the Parliamentary Commissioner Act 1974; and 3 (f) a public sector entity under the Public Sector Ethics Act 1994; 4 and 5 (g) a statutory body under the Statutory Bodies Financial 6 Arrangements Act 1982; and 7 (h) a public sector entity under the Whistleblowers Protection Act 8 1994. 9 `(2) In the application of the Public Sector Ethics Act 1994 in relation to 10 the joint board, a reference to a public official does not include a reference 11 to a member. 12 `(3) To remove doubt, it is declared that the joint board is a unit of public 13 administration under the Criminal Justice Act 1989. 14 `60Y No power to make or levy rate 15 `To remove doubt, it is declared that the joint board can not make or levy 16 a rate on land. 17 `60Z Concurrent employment of local government employees 18 `(1) An employee of the joint board, other than its chief executive 19 officer-- 20 (a) may hold more than 1 position under the joint board; and 21 (b) may, with the agreement of the joint board and a local 22 government, be employed by the joint board and the local 23 government. 24 `(2) The chief executive officer of the joint board may not-- 25 (a) hold more than 1 position under the joint board; or 26 (b) be employed by a local government. 27 `(3) The chief executive officer of the Townsville or Thuringowa City 28 Council may hold a position under the joint board. 29

s6 21 s6 Local Government and Other Legislation Amendment Bill 2001 `60ZA Inconsistency between local laws 1 `If there is an inconsistency between a local law made by the Townsville 2 or Thuringowa City Council (a "council local law") and a local law made 3 by the joint board (whether made before or after the council local law), the 4 joint board's local law prevails over the council local law to the extent of 5 the inconsistency. 6 `60ZB Dissolution of Townsville or Thuringowa City Council 7 `(1) This section applies if the Townsville or Thuringowa City Council is 8 dissolved under section 164 and an administrator appointed. 9 `(2) For section 60M,10 the administrator and 1 further nominee whose 10 name has been submitted by the administrator to the Minister and approved 11 by the Minister are taken to be members appointed by the dissolved local 12 government to the joint board.'. 13 6 Insertion of new s 224A Clause 14 After section 224-- 15 insert-- 16 `224A Councillor ceases to be councillor on becoming candidate for an 17 Australian Parliament 18 `A councillor ceases to be a councillor if-- 19 (a) under the Electoral Act 1992, section 88(3), the councillor 20 becomes a candidate for an election as a member of the 21 Legislative Assembly; or 22 (b) under the Commonwealth Electoral Act 1918 (Cwlth), 23 section 176, the councillor is declared to be a candidate for an 24 election.11'. 25 10 Section 60M (Appointment) 11 The Electoral Act 1992, section 88(3) (Announcement of nominations) and the Commonwealth Electoral Act 1918 (Cwlth), section 176 (Declaration of nominations)

s7 22 s8 Local Government and Other Legislation Amendment Bill 2001 7 Amendment of s 298 (Qualification for nomination) Clause 1 (1) Section 298(1), `A'-- 2 omit, insert-- 3 `Subject to subsection (3), a'. 4 (2) Section 298(3)-- 5 renumber as section 298(4). 6 (3) Section 298-- 7 insert-- 8 `(3) A person who is a candidate for election as a member of an 9 Australian Parliament, is not qualified to be nominated for election or 10 appointed as a councillor of a local government until-- 11 (a) for an election under the Electoral Act 1992--the day the 12 Electoral Commission is notified, under section 122(1) of that 13 Act, of the candidate elected for the electoral district for which 14 the person is a candidate; or 15 (b) for an election under the Commonwealth Electoral Act 1918 16 (Cwlth)-- 17 (i) the day the result of the election and the candidates elected 18 are declared under section 283 of that Act; or 19 (ii) the day the candidate elected for the division for which the 20 person is a candidate is declared under section 284 of that 21 Act.12'. 22 8 Insertion of new s 854A Clause 23 Chapter 12, part 1, division 2-- 24 insert-- 25 12 Commonwealth Electoral Act 1918, (Cwlth) sections 283 (Return of writ for election of Senators) and 284 (Declaration of poll and return of writs for House of Representatives)

s9 23 s9 Local Government and Other Legislation Amendment Bill 2001 `854A No jurisdiction to make local laws and subordinate local laws 1 about distributing how-to-vote cards 2 `(1) A local government has no jurisdiction to make a local law or 3 subordinate local law prohibiting or regulating the distribution of how-to- 4 vote cards for an election under this Act or the Electoral Act 1992. 5 `(2) A local law or subordinate local law, to the extent that it is contrary 6 to subsection (1), is of no effect. 7 `(3) In this section-- 8 "how-to-vote card" includes a how-to-vote card under the Electoral Act 9 1992, section 161A.'. 10 9 Insertion of new ch 13, pt 6 Clause 11 Chapter 13-- 12 insert-- 13 `PART 6--KURANDA RAIL LINE 14 `Division 1--Preliminary 15 `955A Definitions for pt 6 16 `In this part-- 17 "free of charge", for a journey on the Kuranda rail line, means a journey 18 provided without any of the following-- 19 (a) payment or other consideration; 20 (b) requiring, or asking for, a donation, levy or other monetary 21 contribution for the journey including, for example, the purchase 22 of a ticket in a raffle; 23 (c) displaying a receptacle, whether on the train used for the journey 24 or elsewhere, in a way that suggests a donation is expected or 25 required to travel on the rail line. 26 "Kuranda rail line" means the rail line between Cairns and Kuranda. 27

s9 24 s9 Local Government and Other Legislation Amendment Bill 2001 "Kuranda rail operator" means a person who, under the Transport 1 Infrastructure Act 1994, section 81, is accredited to operate rolling 2 stock under that Act on the Kuranda rail line. 3 "tourist infrastructure levy" see section 955B(1). 4 `Division 2--Tourist infrastructure levy 5 `955B Imposition of levy 6 `(1) A levy (the "tourist infrastructure levy") is imposed on each 7 Kuranda rail operator for the period from the commencement of this 8 section to 1 April 2014. 9 `(2) The levy is at the rate of $1.00 for each passenger journey to or from 10 Kuranda on the Kuranda rail line provided by the operator during the 11 period, other than a journey provided free of charge. 12 `(3) For subsection (2), a return journey is taken to be a single journey. 13 `955C Payment of levy 14 `Each Kuranda rail operator must, within 3 weeks after the end of each 15 quarter year for which the tourist infrastructure levy is imposed, pay the 16 State the amount of the levy imposed on it during the quarter. 17 `955D Unpaid levy interest 18 `(1) A Kuranda rail operator must pay interest on an amount owing 19 under section 955C unpaid from time to time. 20 `(2) Interest accrues daily at the rate of 10% per annum on the unpaid 21 amount on and from the day after it is owing until it is paid in full. 22 `955E Recovery of unpaid amounts 23 `If a Kuranda rail operator does not pay an amount owing under 24 section 955C or 955D, the State may recover it from the operator as a debt. 25

s 10 25 s 10 Local Government and Other Legislation Amendment Bill 2001 `Division 3--Miscellaneous provisions 1 `955F Obligation to give annual statements 2 `(1) Each Kuranda rail operator must, within 4 months after each 3 financial year ends, give the chief executive a written statement for the year 4 that complies with subsection (2). 5 Maximum penalty--20 penalty units. 6 `(2) The statement must-- 7 (a) state how many passenger journeys on the Kuranda rail line were 8 provided by the operator during the financial year, other than 9 journeys provided free of charge; and 10 (b) if a form is approved for the statement--be in the approved form. 11 `(3) For subsection (1), the period from the commencement of 12 section 955B to 30 June 2001 is taken to be a financial year. 13 `(4) The approved form may require the statement to be made or verified 14 by statutory declaration. 15 `955G How levy is to be applied 16 `Amounts received by the State for payment of the tourist infrastructure 17 levy must be paid to the Mareeba Shire Council in the way, and on the 18 conditions, decided by the Minister. 19 `Division 4--Expiry of pt 6 20 `955H Expiry 21 `This part expires on 30 June 2015.'. 22 10 Insertion of new ch 19, pt 6 Clause 23 After section 1244-- 24 insert-- 25

s 10 26 s 10 Local Government and Other Legislation Amendment Bill 2001 `PART 6--TRANSITIONAL PROVISIONS FOR LOCAL 1 GOVERNMENT AND OTHER LEGISLATION 2 AMENDMENT ACT 2001 3 `Division 1--Preliminary 4 `1245 Interpretation for pt 6 5 `(1) In this part-- 6 "commencing day" means the day on which the provision in which the 7 term is used commences. 8 "former board" means the Townsville/Thuringowa Water Supply Board 9 established under the repealed Act. 10 "repealed Act" means the Townsville/Thuringowa Water Supply Board 11 Act 1987. 12 `(2) Another term used in this part that is defined for chapter 2A, has the 13 meaning given for the chapter.13 14 `Division 2--Transitional provisions for Townsville-Thuringowa water 15 supply joint board 16 `1246 Former board 17 `On the commencing day, the former board is abolished and its members 18 go out of office. 19 `1247 Assets 20 `On the commencing day-- 21 (a) the assets of the former board vest in the joint board; and 22 (b) any property that, immediately before the commencing day, was 23 held in trust by the former board vests in the joint board on the 24 same trusts. 25 13 See section 60A (Definitions for ch 2A).

s 10 27 s 10 Local Government and Other Legislation Amendment Bill 2001 `1248 Exemption from State tax 1 `(1) State tax and fees are not payable in relation to anything done for-- 2 (a) establishing the joint board; or 3 (b) vesting assets or property of the former board in the joint board. 4 `(2) The reference in subsection (1)(b) to the vesting of assets or 5 property includes a reference to the recording of the vesting of the assets or 6 property. 7 `1249 Rights and liabilities 8 `On the commencing day, the rights and liabilities of the former board, 9 whether vested or contingent, become the rights and liabilities of the joint 10 board. 11 `1250 Existing entitlement to take water 12 `(1) This section applies to the entitlement to take water given to the 13 former board under the repealed Act and in force immediately before the 14 commencing day. 15 `(2) The entitlement is taken to have been given to the joint board and continues under the repealed Act as if that Act had not been repealed 16 until the entitlement is replaced with a water entitlement under the Water 17 Act 2000. 18 `1251 Existing contracts 19 `A contract, agreement or arrangement entered into by or for the former 20 board that is in force immediately before the commencing day-- 21 (a) is taken to have been entered into by the joint board; and 22 (b) may be enforced against or by the joint board accordingly. 23 `1252 Contracts and tendering--application of ch 6, pt 3 24 `(1) This section applies if, before the commencing day, the former 25 board-- 26

s 10 28 s 10 Local Government and Other Legislation Amendment Bill 2001 (a) had invited tenders or quotations, or started similar action, for 1 contracts for carrying out work, or supplying goods or services, 2 for or by the joint board; but 3 (b) had not entered into the contracts. 4 `(2) Chapter 6, part 3 does not apply to the joint board for the contracts. 5 `1253 Guarantees, undertakings and securities 6 `A guarantee, undertaking or security given by, for, or to, the former 7 board that is in force immediately before the commencing day-- 8 (a) is taken to have been given by or to the joint board; and 9 (b) may be enforced against or by the joint board accordingly. 10 `1254 Proceedings 11 `A proceeding that could have been started or continued by or against the 12 former board before the commencing day may be started or continued by 13 or against the joint board. 14 `1255 Discontinuance or lessening of supply of water 15 `(1) This section applies if-- 16 (a) before the commencing day the former board entered into an 17 agreement or arrangement (a "water supply agreement") with 18 another person providing for the supply of a quantity of water to 19 the person; and 20 (b) the water supply agreement is an agreement that is taken to have 21 been entered into by the joint board; and 22 (c) the joint board reasonably believes it is necessary or appropriate 23 to discontinue, or lessen, the supply of water because of-- 24 (i) a breakdown of, or damage, repairs, alterations or additions 25 to, headworks, treatment works or trunk mains; or 26 (ii) drought or another natural occurrence; or 27 (iii) an emergency. 28 `(2) The joint board may direct the discontinuance, or lessening, of the 29 supply of water for the period it considers appropriate. 30

s 10 29 s 10 Local Government and Other Legislation Amendment Bill 2001 `(3) The direction may be given even if it affects the quantity of water to 1 be supplied under the water supply agreement. 2 `(4) The direction may be given either with the prior notice the joint 3 board considers appropriate, or without prior notice. 4 `(5) As soon as practicable after the direction is given, the joint board 5 must give written notice of the direction to-- 6 (a) the other party to the water supply agreement; and 7 (b) the Townsville and Thuringowa City Councils. 8 `(6) It is lawful to give effect to a direction of the joint board given under 9 this section. 10 `(7) The joint board's power to give the direction may only be exercised 11 by resolution of the joint board. 12 `(8) However, if the joint board has, by resolution, delegated appropriate 13 authority to the chairperson or chief executive officer of the joint board, or 14 to a committee of the joint board, the power to give the direction may also 15 be exercised by a decision made by the chairperson or chief executive 16 officer, or by resolution of the committee. 17 `1256 Former board's manager 18 `(1) The person who, immediately before the commencing day, was the 19 manager of the former board is taken to be the chief executive officer of the 20 joint board. 21 `(2) The person is taken to be employed by the joint board on the same 22 conditions on which the person was employed by the former board. 23 `(3) The person remains entitled to all existing rights of employment 24 held by the person, and all rights of employment accruing to the person, as 25 the manager of the former board, including existing and accruing rights 26 to-- 27 (a) remuneration; and 28 (b) recreation, long service, sick or other leave; and 29 (c) superannuation or other benefits and entitlements. 30

s 10 30 s 10 Local Government and Other Legislation Amendment Bill 2001 `1257 Employees 1 `(1) A person who, immediately before the commencing day, was an 2 employee of the former board becomes an employee of the joint board. 3 `(2) The person is taken to be employed by the joint board on the same 4 conditions on which the person was employed by the former board. 5 `(3) The person remains entitled to all existing rights of employment 6 held by the person, and all rights of employment accruing to the person, as 7 an employee of the former board, including existing and accruing rights 8 to-- 9 (a) remuneration; and 10 (b) recreation, long service, sick or other leave; and 11 (c) superannuation or other benefits and entitlements. 12 `1258 Superannuation options for continuing employees 13 `(1) This section applies to an employee of the former board who-- 14 (a) becomes an employee of the joint board under section 1256 or 15 1257; and 16 (b) is a member of a superannuation scheme (the "former scheme") 17 as an employee of the former board. 18 `(2) Despite chapter 17 and sections 1256(3)(c) and 1257(3)(c), the 19 employee may, within 30 days after the commencing day, by written notice 20 given to the Queensland Local Government Superannuation Board, elect to 21 remain a member of the former scheme. 22 `(3) If the employee makes the election-- 23 (a) chapter 17 does not apply to the employee; and 24 (b) the joint board, for as long as the employee continues as an 25 employee of the joint board, must contribute to the former 26 scheme as required under the former scheme. 27 `(4) To facilitate the payment of contributions to the former scheme by 28 the employee, the joint board is authorised-- 29 (a) to deduct from the weekly, fortnightly or other periodic salary or 30 wage of the employee an amount sufficient to meet the 31 employee's contribution to the former scheme; and 32

s 10 31 s 10 Local Government and Other Legislation Amendment Bill 2001 (b) to remit the amount to the person authorised to receive 1 contributions for the former scheme. 2 `(5) If the employee does not make the election within 30 days after the 3 commencing day-- 4 (a) for the former scheme--the employee is taken to have ceased 5 employment with the former board; and 6 (b) for chapter 17--the employee is taken to have become a new 7 employee of the joint board. 8 `1259 Transfer of property 9 `(1) A certificate signed by the chief executive officer of the joint board 10 is evidence of property having become property of, or vested in, the joint 11 board on the commencing day if the certificate-- 12 (a) identifies the property; and 13 (b) states the property was, immediately before the commencing day, 14 the property of, or vested in, the former board; and 15 (c) states that the property became the property of, or vested in, the 16 joint board under section 1247 on the commencing day. 17 `(2) An entity with registration functions, under a law of the State, for 18 property of the kind to which the certificate relates must, if asked by the 19 joint board, make in the register all entries necessary to record the vesting 20 of the property in the joint board. 21 `(3) The request must be accompanied by the certificate. 22 `(4) A request or certificate under this section is not liable to fees or 23 stamp duty. 24 `1260 Corporate and operational plans 25 `(1) Despite section 504(2), the joint board may prepare and adopt its 26 first corporate plan immediately before the joint board adopts a budget for 27 the first financial year covered by the plan. 28 `(2) Despite section 508(2), for the first financial year for which the joint 29 board is required to prepare and adopt an operational plan, the joint board 30 may prepare and adopt the operational plan immediately before the joint 31 board adopts a budget for the financial year. 32

s 10 32 s 10 Local Government and Other Legislation Amendment Bill 2001 `1261 Corporate and operational plans 1 `For the application, under section 60R, of chapter 7, part 214 to the joint 2 board in exercising its jurisdiction-- 3 (a) the first financial year to be covered by the joint board's first 4 corporate plan is the financial year beginning 1 July 2001; and 5 (b) the first financial year for which the joint board is required to 6 prepare and adopt an operational plan is the financial year 7 beginning 1 July 2001. 8 `1262 Annual report 9 `(1) For the first annual report prepared by the joint board after the 10 commencing day, the financial year is taken to be the period 1 July 2000 to 11 29 June 2001. 12 `(2) The joint board must, to the extent it is reasonably practicable, 13 prepare the first annual report in the way in which the former board would 14 have been required to prepare the report if the former board had been a 15 local government. 16 `(3) For the next annual report, the financial year is taken to be the period 17 30 June 2001 to 30 June 2002. 18 `1263 Remuneration of members 19 `(1) The remuneration that, immediately before the commencing day, 20 was the remuneration of the chairperson of the former board is taken to 21 have been authorised by the joint board under this Act as the remuneration 22 of the chairperson of the joint board. 23 `(2) The remuneration that, immediately before the commencing day, 24 was the remuneration of a member (other than the chairperson) of the 25 former board is taken to have been authorised by the joint board under this 26 Act as the remuneration of a member (other than the chairperson) of the 27 joint board. 28 14 Chapter 7 (Financial operation and accountability of local governments), part 2 (Corporate and operational plans)

s 10 33 s 10 Local Government and Other Legislation Amendment Bill 2001 `1264 Appointment of chairperson 1 `(1) Within 1 month after the commencing day, the Townsville and 2 Thuringowa City Councils must, by resolution, appoint a qualified person 3 to be a member, and the chairperson, of the joint board. 4 `(2) If the Townsville and Thuringowa City Councils do not appoint the 5 chairperson within 1 month after the commencing day, the Governor in 6 Council may appoint a qualified person to be the chairperson. 7 `1265 Appointment of other members 8 `(1) The Townsville City Council must, by resolution, appoint 2 of its 9 councillors as members of the joint board. 10 `(2) The Thuringowa City Council must, by resolution, appoint 2 of its 11 councillors as members of the joint board. 12 `(3) The appointment of the members must be made within 1 month 13 after the commencing day. 14 `(4) If a council does not appoint 2 of its councillors as members within 15 1 month after the commencing day, the Governor in Council may, by 16 gazette notice, appoint the number of councillors of the council necessary 17 to make up the required number of members. 18 `1266 References to former board 19 `A reference in an Act or document in existence immediately before the 20 commencing day to the former board is a reference to the joint board. 21 `1267 Transitional regulation-making power 22 `(1) A regulation (a "transitional regulation") may make provision 23 about a matter for which-- 24 (a) it is necessary to make provision to allow or facilitate the doing 25 of anything to achieve the transition from the operation of the 26 repealed Act to the operation of this Act; and 27 (b) this Act does not make provision or sufficient provision. 28 `(2) A transitional regulation must declare it is a transitional regulation. 29 `(3) This section and any transitional regulation expire 1 year after the 30 commencing day. 31

s 11 34 s 13 Local Government and Other Legislation Amendment Bill 2001 `Division 3--Repeal 1 `1268 Repeal 2 `The Townsville/Thuringowa Water Supply Board Act 1987 is repealed.'. 3 PART 3--AMENDMENT OF INTEGRATED PLANNING 4 ACT 1997 5 11 Act amended in pt 3 Clause 6 This part amends the Integrated Planning Act 1997. 7 12 Replacement of s 3.6.5 (When development application may be Clause 8 called in) 9 Section 3.6.5-- 10 omit, insert-- 11 `3.6.5 When a development application may be called in 12 `The Minister may, under this division, call in an application-- 13 (a) only if the development involves a State interest; and 14 (b) at any time after the application is made until 10 business days 15 after the later of the following-- 16 (i) the day the chief executive receives notice of an appeal 17 against the application; 18 (ii) the end of both the applicant's appeal period and the 19 submitter's appeal period for the decision on the 20 application.'. 21 13 Amendment of s 3.7.8 (When pt 7 does not apply) Clause 22 Section 3.7.8(2), `the Land Title Act 1994, section 50(g),'-- 23

s 14 35 s 14 Local Government and Other Legislation Amendment Bill 2001 omit, insert-- 1 `, the Land Title Act 1994, section 50(g) or 83(2),15'. 2 14 Insertion of new s 6.1.12A Clause 3 In chapter 6, part 1, division 3-- 4 insert-- 5 `6.1.12A Interim development control provisions for the shires of 6 Wambo and Belyando 7 `(1) Subsection (2) applies for the part of the shires of Wambo and 8 Belyando for which there is no transitional planning scheme. 9 `(2) The Local Government (Planning and Environment) Regulation 10 1991, section 6 and schedule 3, as in force immediately before the repeal of 11 the regulation, and any definition or other provision of the regulation, to the 12 extent it is relevant to section 6 or schedule 3-- 13 (a) is taken to be an interim development control provision under 14 this chapter for the part of the shire; and 15 (b) has effect from the commencement of this section until a 16 planning scheme is approved for the part of the shire. 17 `(3) Despite section 2 of the regulation, the consent of the local 18 government is required for the use of land, or for the erection or use of a 19 building or other structure, for the following purposes-- 20 (a) kennels used for the boarding or breeding of more than 4 dogs or 21 cats; 22 (b) lot feeding of stock; 23 (c) a piggery; 24 (d) a poultry farm. 25 `(4) Subsections (2) and (3) apply despite the regulation having been 26 repealed before the commencement of this section.'. 27 15 Land Title Act 1994, sections 50(g) (Requirements for registration of plan of subdivision) and 83 (Registration of easement)

s 15 36 s 17 Local Government and Other Legislation Amendment Bill 2001 15 Amendment of s 6.1.45A (Development control plans under Clause 1 repealed Act) 2 Section 6.1.45A-- 3 insert-- 4 `(4) Subsection (2) applies even if the process mentioned in 5 subsection (1)(a) is inconsistent with chapter 3 or schedule 1.16 6 `(5) A transitional planning scheme that includes the development 7 control plan may be amended under-- 8 (a) the provisions of this Act relating to the process for amending a 9 planning scheme;17 or 10 (b) a process mentioned in subsection (1). 11 `(6) If the development control plan is amended under subsection (5)(a), 12 subsections (2) and (3) continue to apply to the plan.'. 13 PART 4--AMENDMENT OF LAND TITLE ACT 1994 14 16 Act amended in pt 4 Clause 15 This part amends the Land Title Act 1994. 16 17 Amendment of s 83 (Registration of easement) Clause 17 Section 83-- 18 insert-- 19 `(2) If, under the Integrated Planning Act 1997, the creation of an 20 easement giving access to a lot from a constructed road is the reconfiguring 21 16 Chapter 3 (Integrated development assessment system (IDAS)) and schedule 1 (Process for making or amending planning schemes) 17 For the provisions relating to the process for amending a planning scheme, see section 2.1.5 (Process for making or amending planning schemes), section 6.1.6 (Amending transitional planning schemes), section 6.1.7 (Amending transitional planning schemes for consistency with ch 3), and schedule 1 (Process for making or amending planning schemes) of the Act.

37 Local Government and Other Legislation Amendment Bill 2001 of a lot, the plan of survey must be approved by the local government 1 concerned.'. 2

38 Local Government and Other Legislation Amendment Bill 2001 SCHEDULE 1 AMENDMENTS OF LOCAL GOVERNMENT ACT 1993 2 section 3 3 1 Section 3, definitions "approve" and "oppose"-- 4 omit, insert-- 5 ` "approves", a referendum question, see section 124(2) to (4). 6 "opposes", a referendum question, see section 124(5).'. 7 2 Chapter 8, part 6, division 6, heading, `of operations on'-- 8 omit, insert-- 9 `on operations of'. 10 3 Section 581, heading, `of operations on'-- 11 omit, insert-- 12 `on operations of'. 13 4 Sections 618(9) to (11), 619(3) and 620(2)(b) and (4), `1 July 14 2001'-- 15 omit, insert-- 16 `1 July 2003'. 17 5 Section 854(5), `(5) A'-- 18 omit, insert-- 19 `(6) A'. 20

39 Local Government and Other Legislation Amendment Bill 2001 SCHEDULE (continued) 6 Section 854(6), `(6) In subsection (5)'-- 1 omit, insert-- 2 `(7) In subsection (6)'. 3 7 Section 1208(2), `section 14H (References taken to be included in 4 citation of law).'-- 5 omit, insert-- 6 `section 14H.18'. 7 � State of Queensland 2001 18 Acts Interpretation Act 1954, section 14H (References taken to be included in reference to law)

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