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LOCAL GOVERNMENT REGULATION 2012 - SCHEDULE 3

SCHEDULE 3 – Implementing local government changes relating to changes of the boundaries of local government areas

Part 1 - Local government changes

1 Change in boundaries from 2016 Quadrennial elections

(1) This section applies to the following local government changes—
(a) a boundary change affecting both the Central Highlands Regional Council and the Isaac Regional Council;
(b) a boundary change affecting both the Southern Downs Regional Council and the Toowoomba Regional Council;
(c) a boundary change affecting both the Balonne Shire Council and the Western Downs Regional Council;
(d) the exclusion of lot 2 on plan WMT26 and lot 6 on plan WMT54 from the Cook Shire Council’s local government area and the inclusion of the lots in the Lockhart River Aboriginal Shire Council’s local government area;
(e) the exclusion of the following lots from the Mareeba Shire Council’s local government area and the inclusion of the lots in the Tablelands Regional Council’s local government area—
(i) lot 1 on RP845179;
(ii) lot 2 on RP868846;
(iii) lot 3 on RP845178;
(iv) lot 4 on SP248416;
(v) lot 8 on crown plan GU42;
(vi) lot 9 on crown plan GU44;
(vii) lot 137 on crown plan OL31;
(viii) lot 154 on crown plan OL32; and
(f) the exclusion of lot 250 on SP116768 from the Tablelands Regional Council’s local government area and the inclusion of the lot in the Mareeba Shire Council’s local government area.
(2) A local government change affecting 2 local governments happens at the earlier conclusion of the 2016 quadrennial elections for either local government.
Example—
If the Isaac Regional Council’s 2016 quadrennial elections concludes before the Central Highlands Regional Council’s elections conclude, the local government change mentioned in subsection (1) (a) takes effect at the conclusion of the Isaac Regional Council’s 2016 quadrennial elections.

1A Change in boundaries for Bundaberg Regional Council

(1) That part of the Coral Sea east from Burnett Heads to Burrum Heads across to the shoreline of Fraser Island is included in the Bundaberg Regional Council’s local government area.
(2) The local government change mentioned in subsection (1) takes effect at the conclusion of the 2016 quadrennial elections for the Bundaberg Regional Council.

1B Change in boundaries affecting both Aurukun Shire Council and Cook Shire Council

(1) The part of lot 653 on survey plan SP178000 that was not in the Aurukun Shire Council’s local government area immediately before the commencement is—
(a) excluded from the Cook Shire Council’s local government area; and
(b) included in the Aurukun Shire Council’s local government area.
(2) The local government change mentioned in subsection (1) takes effect on the commencement.
Note—
A copy of the change commission’s report titled ‘Report on a change to the external boundary of the Aurukun Shire Council and Cook Shire Council’ dated January 2016 can be viewed on the website of the electoral commission.

1C Change in boundaries affecting both Brisbane City Council and Moreton Bay Regional Council

(1) The part of lot 1 on plan MPH20165, and the part of lot 220 on plan SL8499, that were not in the Brisbane City Council’s local government area immediately before the commencement are—
(a) excluded from the Moreton Bay Regional Council’s local government area; and
(b) included in the Brisbane City Council’s local government area.
(2) The local government changes mentioned in subsection (1) take effect on the commencement.
Notes—
1 For the external boundaries of Brisbane, see the City of Brisbane Regulation 2012 , section 3 (1) .
2 A copy of the change commission’s report titled ‘Report on a change to the external boundary of the Brisbane City Council and Moreton Bay Regional Council’ dated November 2015 can be viewed on the website of the electoral commission.

1D Change in boundary affecting only Moreton Bay Regional Council

(1) The area occupied by the Ted Smout Memorial Bridge across Hays Inlet is included in the Moreton Bay Regional Council’s local government area.
(2) The local government change mentioned in subsection (1) takes effect on the commencement.
Note—
A copy of the change commission’s report titled ‘Report on a change to the external boundary of the Brisbane City Council and Moreton Bay Regional Council’ dated November 2015 can be viewed on the website of the electoral commission.

1E Change in boundaries affecting both Goondiwindi Regional Council and Western Downs Regional Council

(1) The part of lot 8 on crown plan CVN344, and the part of lot 1 on survey plan SP254479, that were not in the Goondiwindi Regional Council’s local government area immediately before the commencement are—
(a) excluded from the Western Downs Regional Council’s local government area; and
(b) included in the Goondiwindi Regional Council’s local government area.
(2) The local government changes mentioned in subsection (1) take effect on the commencement.
Note—
A copy of the change commission’s report titled ‘Report on a change to the external boundary of the Goondiwindi Regional Council and Western Downs Regional Council’ dated November 2015 can be viewed on the website of the electoral commission.

1F Change in boundaries affecting both Maranoa Regional Council and Western Downs Regional Council

(1) The part of lot 9 on survey plan SP236780, and the part of lot 43 on crown plan EG130, that were not in the Western Downs Regional Council’s local government area immediately before the commencement are—
(a) excluded from the Maranoa Regional Council’s local government area; and
(b) included in the Western Downs Regional Council’s local government area.
(2) The part of each of the following lots that was not in the Maranoa Regional Council’s local government area immediately before the commencement is excluded from the Western Downs Regional Council’s local government area and included in the Maranoa Regional Council’s local government area—
(a) lot 22 on survey plan SP248280;
(b) lot 368 on crown plan FTY535;
(c) lot 70 on crown plan WV631;
(d) lot 1 on crown plan AB110.
(3) The local government changes mentioned in subsection (1) or (2) take effect on the commencement.
Note—
A copy of the change commission’s report titled ‘Report on a change to the external boundary of the Maranoa Regional Council and Western Downs Regional Council’ dated January 2016 can be viewed on the website of the electoral commission.

1G Change in boundaries affecting the Barcoo Shire Council, Bulloo Shire Council, Paroo Shire Council and Quilpie Shire Council

(1) All parts of lot 434 on SP271043 that were not in Quilpie Shire Council’s local government area immediately before the commencement are—
(a) excluded from the Barcoo Shire Council’s local government area; and
(b) included in the Quilpie Shire Council’s local government area.
(2) All parts of lot 6 on SP196201 that were not in Quilpie Shire Council’s local government area immediately before the commencement are—
(a) excluded from the Bulloo Shire Council’s local government area; and
(b) included in the Quilpie Shire Council’s local government area.
(3) All parts of lot 5096 on crown plan PH550 that were not in Paroo Shire Council’s local government area immediately before the commencement are—
(a) excluded from the Bulloo Shire Council’s local government area; and
(b) included in the Paroo Shire Council’s local government area.
(4) All parts of lot 2 on crown plan AD3 that were not in Barcoo Shire Council’s local government area immediately before the commencement are—
(a) excluded from the Bulloo Shire Council’s local government area; and
(b) included in the Barcoo Shire Council’s local government area.
(5) All parts of the following lots that were not in Barcoo Shire Council’s local government area immediately before the commencement are excluded from the Quilpie Shire Council’s local government area and included in the Barcoo Shire Council’s local government area—
(a) lot 3349 on SP276963;
(b) lot 5 on crown plan GE39;
(c) lot 4195 on crown plan PH288.
(6) All parts of lot 3 on crown plan B122 that were not in Bulloo Shire Council’s local government area immediately before the commencement are—
(a) excluded from the Quilpie Shire Council’s local government area; and
(b) included in the Bulloo Shire Council’s local government area.
(7) The local government changes mentioned in subsection (1) to (6) take effect on the commencement.
Note—
A copy of the change commission’s report titled ‘Addendum Report on a Change to the External Boundary of the Barcoo, Bulloo, Paroo and Quilpie Shire Councils’ dated February 2017 can be viewed on the website of the electoral commission.

1H Change in boundaries affecting both South Burnett Regional Council and Toowoomba Regional Council

(1) Lot 155 on plan FY2699 is—
(a) excluded from the South Burnett Regional Council’s local government area; and
(b) included in the Toowoomba Regional Council’s local government area.
(2) The local government change mentioned in subsection (1) takes effect at the earlier conclusion of the 2020 quadrennial election for either local government.
Example—
If the South Burnett Regional Council’s 2020 quadrennial election concludes before the Toowoomba Regional Council’s election concludes, the local government change mentioned in subsection (1) takes effect at the conclusion of the South Burnett Regional Council’s 2020 quadrennial election.
(3) In this section—

"2020 quadrennial election" means the quadrennial election held in 2020.
Note—
A copy of the change commission’s report titled ‘Review of external boundaries—2018 final determination—Toowoomba Regional and South Burnett Regional local government areas’ dated December 2018 can be viewed on the electoral commission’s website.

1I Change in boundaries affecting both Toowoomba Regional Council and Western Downs Regional Council

(1) The part of lot 3 on RP24469, and the part of lot 75 on AG613, that were not in the Toowoomba Regional Council’s local government area immediately before the commencement are—
(a) excluded from the Western Downs Regional Council’s local government area; and
(b) included in the Toowoomba Regional Council’s local government area.
(2) The local government changes mentioned in subsection (1) take effect on the commencement.
Note—
A copy of the change commission’s report titled ‘External boundary review—2021 final determination— Toowoomba Regional Council and Western Downs Regional Council’ can be viewed on the website of the electoral commission.

1J Change in boundaries affecting the Barcaldine Regional Council and adjoining councils

(1) All or part of a lot mentioned in column 1 of the following table, that is not in the local government area of the local government stated in column 3 of the table shown opposite the lot immediately before the commencement, is—
(a) excluded from the local government area of the local government stated in column 2 of the table shown opposite the lot; and
(b) included in the local government area of the local government stated in column 3 of the table shown opposite the lot.

Column 1 Column 2 Column 3
Lot affected Local government area excluded from Local government area included in
Lot 1 on RP617241 Blackall-Tambo Regional Council Barcaldine Regional Council
Lot 10 on crown plan MX814407 Barcaldine Regional Council Blackall-Tambo Regional Council
Lot 3 on crown plan DM2 Central Highlands Regional Council Barcaldine Regional Council
Lot 1 on crown plan DM6 Central Highlands Regional Council Barcaldine Regional Council
Lot 2 on crown plan DM6 Central Highlands Regional Council Barcaldine Regional Council
Lot 4 on crown plan BE96 Central Highlands Regional Council Barcaldine Regional Council
Lot 2 on crown plan PT353 Barcaldine Regional Council Central Highlands Regional Council
Lot 3606 on crown plan PH507 Charters Towers Regional Council Barcaldine Regional Council
Lot 4479 on crown plan PH1927 Barcaldine Regional Council Charters Towers Regional Council
Lot 38 on SP291988 Barcaldine Regional Council Flinders Shire Council
Lot 3 on crown plan DR26 Isaac Regional Council Barcaldine Regional Council
Lot 3 on crown plan BE57 Isaac Regional Council Barcaldine Regional Council
Lot 4 on crown plan BE57 Isaac Regional Council Barcaldine Regional Council
Lot 5 on crown plan BE57 Isaac Regional Council Barcaldine Regional Council
Lot 2 on SP253479 Isaac Regional Council Barcaldine Regional Council
Lot 1 on crown plan BF51 Isaac Regional Council Barcaldine Regional Council
Lot 681 on crown plan PH406 Isaac Regional Council Barcaldine Regional Council
Lot 3 on crown plan DR20 Barcaldine Regional Council Isaac Regional Council
Lot 4 on crown plan DR21 Barcaldine Regional Council Isaac Regional Council
Lot 5110 on crown plan PH604 Barcaldine Regional Council Isaac Regional Council
Lot 7 on crown plan BE164 Barcaldine Regional Council Isaac Regional Council
Lot 8 on crown plan BE164 Barcaldine Regional Council Isaac Regional Council
Lot 10 on crown plan BE164 Barcaldine Regional Council Isaac Regional Council
Lot 2093 on crown plan PH1883 Barcaldine Regional Council Isaac Regional Council
Lot 52 on SP112852 Longreach Regional Council Barcaldine Regional Council
Lot 9 on crown plan RY118 Barcaldine Regional Council Longreach Regional Council
(2) The local government changes mentioned in subsection (1) take effect on the commencement.
Note—
A copy of the change commission’s report titled ‘External boundary review—2022 final determination—Barcaldine Regional Council, Blackall-Tambo Regional Council, Central Highlands Regional Council, Charters Towers Regional Council, Flinders Shire Council, Isaac Regional Council and Longreach Regional Council’ can be viewed on the website of the electoral commission.

1K Change in boundaries affecting both Gympie Regional Council and South Burnett Regional Council

(1) Lot 66 on RP825862 is—
(a) excluded from the South Burnett Regional Council’s local government area; and
(b) included in the Gympie Regional Council’s local government area.
(2) The local government change mentioned in subsection (1) takes effect at the earlier conclusion of the 2024 quadrennial election for either local government.
Note—
A copy of the change commission’s report titled ‘ External boundary review—May 2023—South Burnett Regional Council—Gympie Regional Council’ can be viewed on the website of the electoral commission.

1L Change in boundaries affecting both Lockyer Valley Regional Council and Toowoomba Regional Council

(1) The part of each of the following lots and areas that was not in the Toowoomba Regional Council’s local government area immediately before the commencement is excluded from the Lockyer Valley Regional Council’s local government area and included in the Toowoomba Regional Council’s local government area—
(a) lots 5 and 6 on SP264451;
(b) lot 7 on SP288601;
(c) the road reserve area of Mount Neale Road adjacent to the lots mentioned in paragraphs (a) and (b).
(2) The local government change mentioned in subsection (1) takes effect at the earlier conclusion of the 2024 quadrennial election for either local government.
Note—
A copy of the change commission’s report titled ‘External Boundary Review—November 2023—Lockyer Valley Regional Council—Toowoomba Regional Council’ can be viewed on the website of the electoral commission.

1M Change in boundaries affecting Ipswich City Council, Lockyer Valley Regional Council and Toowoomba Regional Council

(1) The part of lot 84 on crown plan CC389 that was not in the Ipswich City Council’s local government area immediately before commencement is—
(a) excluded from the Lockyer Valley Regional Council’s local government area; and
(b) included in the Ipswich City Council’s local government area.
(2) The parts of lots 14 and 16 on SP200498 and the area of Coynes Road adjoining lot 14 on SP200498 that were not in the Lockyer Valley Regional Council’s local government area immediately before the commencement are—
(a) excluded from the Ipswich City Council’s local government area; and
(b) included in the Lockyer Valley Regional Council’s local government area.
(3) The part of lot 355 on crown plan CH312304 that was not in the Lockyer Valley Regional Council’s local government area immediately before the commencement is—
(a) excluded from the Toowoomba Regional Council’s local government area; and
(b) included in the Lockyer Valley Regional Council’s local government area.
(4) The local government changes mentioned in subsections (1) to (3) take effect at the earlier conclusion of the 2024 quadrennial election for either local government mentioned in the subsection.
Note—
A copy of the change commission’s report titled ‘External Boundary Review—November 2023—Lockyer Valley Regional Council—Ipswich City Council—Toowoomba Regional Council’ can be viewed on the website of the electoral commission.

Part 2 - Facilitation of implementation

2 Definitions for pt 2

In this part—

"current local government" , for a relevant area, means the local government for the area from the beginning of the transfer day.

"former local government" , for a relevant area, means the local government for the area immediately before the transfer day.

"relevant area" means an area that, under a local government change mentioned in part 1 , is excluded from a local government’s local government area and included in another local government’s local government area.

"transfer day" , for a relevant area, means the day the local government change relating to the area takes effect under part 1 .

3 Unfinished actions of former local government

(1) This section applies to an action started by the former local government for a relevant area that—
(a) relates to the relevant area; and
(b) has not been finalised before the transfer day.
(2) The action is taken to have been started by the current local government for the relevant area.
(3) In this section—

"action" means the performance of a function or the exercise of a power, including, for example, the following—
(a) making a decision on, or considering, an application about land;
(b) taking action in relation to an amount of rates for land;
(c) making a demand for payment of an amount of rates;
(d) making a requirement under an Act.

4 Assets and public works in the relevant area

Any assets and public works in a relevant area belonging to the former local government for the relevant area immediately before the transfer day belong, from the beginning of the transfer day, to the current local government for the relevant area.

Example of what may be an asset belonging to a local government—
material associated with a road or bridge

5 Application fees

(1) This section applies to an application made to the former local government for a relevant area that—
(a) relates to the relevant area; and
(b) was made under an Act or planning scheme; and
(c) has not been decided immediately before the transfer day.
(2) As soon as practicable after the transfer day, the former local government for the relevant area must pay the fee received for the application to the current local government for the relevant area.

6 Planning scheme for the relevant area

(1) The planning scheme of a former local government for a relevant area (the
"existing planning scheme" ) continues to apply to the relevant area after the transfer day until the current local government for the relevant area amends its planning scheme or makes a new planning scheme.
(2) The existing planning scheme must be implemented, administered and enforced, in relation to the relevant area, by the current local government for the relevant area as if the existing planning scheme were part of the current local government’s planning scheme.

7 References in documents to former local government

In a document relating to a relevant area, a reference to the former local government for the relevant area may, as appropriate, be taken to be a reference to the current local government for the relevant area.

8 Duty to assist with change to boundaries of local government areas

(1) The former local government for a relevant area and the current local government for the relevant area must do all acts and other things necessary to help in the implementation of the change of the boundaries of their local government areas.
(2) Without limiting subsection (1) , the former local government for the relevant area must give the current local government for the relevant area the records necessary to enable compliance with this schedule.

9 Local laws

From the beginning of the transfer day—

(a) a local law of a current local government applies to a relevant area; and
(b) a local law of a former local government that applied to a relevant area immediately before the transfer day ceases to apply to the area.

10 Existing authorisations

(1) This section applies to an authorisation—
(a) made by a former local government; and
(b) having effect in relation to a person or place at a relevant area; and
(c) in force immediately before the transfer day.
(2) From the beginning of the transfer day, the authorisation is taken to have been made by the current local government.
(3) In this section—

"authorisation" means an approval, consent, licence, permit, registration or similar authority issued under a Local Government Act.

"made" includes given, issued or allocated.



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