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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
LOCAL GOVERNMENT
LEGISLATION
AMENDMENT BILL (No. 2)
1993
Queensland
LOCAL GOVERNMENT LEGISLATION
AMENDMENT BILL (No. 2) 1993
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--AMENDMENT OF CITY OF BRISBANE ACT 1924
3 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Insertion of new s.38A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
38A Validation of ordinances, acts etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 3--AMENDMENT OF LOCAL GOVERNMENT ACT 1936
5 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6 Insertion of new s.5AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
5AA Special provision for abolition of divisions for purposes
other than of Part 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
PART 4--AMENDMENT OF LOCAL GOVERNMENT
(PLANNING AND ENVIRONMENT) ACT 1990
7 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
8 Insertion of new s.1.5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
1.5 Special provision relating to certain orders in council
made under this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
9 Amendment of s.1A.2 (Notification, tabling, disallowance etc. of
State planning policies) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
10 Amendment of s.5.6 (Parks) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
11 Replacement of s.8.7 (Delegation of certain powers) . . . . . . . . . . . . . . . . . . 8
8.7 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
12 Insertion of new ss.8.11 and 8.12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
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Local Government Legislation Amendment
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8.11 Special provision relating to parks . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
8.12 Special provision relating to tabling of orders in council . . . . . . . . . 9
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 11
MINOR AND CONSEQUENTIAL AMENDMENTS OF LOCAL
GOVERNMENT (PLANNING AND ENVIRONMENT) ACT 1990
1993
A BILL
FOR
An Act to amend the City of Brisbane Act 1924, the Local Government
Act 1936 and the Local Government (Planning and Environment)
Act 1990
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Local Government Legislation Amendment
(No. 2)
BE IT ENACTED by the Queen's Most Excellent Majesty, by and with 1
the advice and consent of the Legislative Assembly of Queensland in 2
Parliament assembled, and by the authority of the same, as follows. 3
PART 1--PRELIMINARY 4
title 5
Short
This Act may be cited as the Local Government Legislation 6
Clause1.
Amendment Act (No. 2) 1993. 7
8
Commencement
Clause2. Section 9 commences on a day to be fixed by proclamation. 9
ART 2--AMENDMENT OF CITY OF BRISBANE 10
P
ACT 1924 11
Act 12
Amended
The City of Brisbane Act 1924 is amended as set out in this Part. 13
Clause3.
of new s.38A 14
Insertion
Clause4. After section 38-- 15
insert-- 16
of ordinances, acts etc. 17
`Validation
`38A.(1) This section applies to an ordinance if-- 18
(a) it was made by resolution passed by the Council under 19
section 38(2), and was approved by the Governor in Council 20
under section 38(11), before the commencement of this section; 21
but 22
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Local Government Legislation Amendment
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(b) section 38(5) was not complied with. 1
`(2) The ordinance is, and always has been, as valid as it would be, and 2
have been, if section 38(5) had been complied with. 3
`(3) All acts and things done (whether before or after the commencement 4
of this section) in reliance on the ordinance are taken to be, and always to 5
have been, as validly done as they would be, and have been, if section 38(5) 6
had been complied with. 7
`(4) This section expires 1 month after it commences.'. 8
PART 3--AMENDMENT OF LOCAL GOVERNMENT 9
ACT 1936 10
Act 11
Amended
The Local Government Act 1936 is amended as set out in this Part. 12
Clause5.
of new s.5AA 13
Insertion
Clause6. After section 5-- 14
insert-- 15
provision for abolition of divisions for purposes other than of 16
`Special
Part 4 17
`5AA.(1) In this section-- 18
"divisions" means divisions for purposes other than of Part 4. 19
`(2) A regulation may provide to the effect that on 1 July 1993 the area of 20
a specified local authority ceases to be divided into divisions. 21
`(3) The regulation may be made only if the local authority has advised 22
the Minister in writing to the effect that it wishes its area to be no longer 23
divided into divisions. 24
`(4) A regulation may make provision with respect to any matter for 25
which it is necessary or convenient to make provision to facilitate the 26
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Local Government Legislation Amendment
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transition of the local authority to a local authority whose area is no longer 1
divided into divisions. 2
`(5) A regulation may be made for the purposes of subsection (2) after 3
1 July 1993 if the Governor in Council considers that it is still practicable to 4
abolish the divisions of the local authority concerned on and from 1 July 5
1993. 6
`(6) This section has effect despite section 7C. 7
`(7) The provisions of this Act relating to the examination and 8
implementation of reviewable local government matters do not apply to the 9
area of a local authority ceasing, under this section, to be divided into 10
divisions.'. 11
PART 4--AMENDMENT OF LOCAL GOVERNMENT 12
(PLANNING AND ENVIRONMENT) ACT 1990 13
Act 14
Amended
This Local Government (Planning and Environment) Act 1990 is 15
Clause7.
amended as set out in this Part and the Schedule. 16
of new s.1.5 17
Insertion
Clause8. After section 1.4-- 18
insert-- 19
provision relating to certain orders in council made under this 20
`Special
Act 21
`1.5.(1) This section applies to an order in council made under-- 22
(a) section 2.15 (Approval of planning scheme by Governor in 23
Council); or 24
(b) section 2.17 (Consolidated planning scheme); or 25
(c) section 2.18 (Amendment of a planning scheme by Minister or 26
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Local Government Legislation Amendment
(No. 2)
local authority); or 1
(d) section 2.20 (Approval of planning scheme amendment by 2
Governor in Council); or 3
(e) section 2.21 (Planning scheme may include Crown land); or 4
(f) section 2.22 (Interim development control); or 5
(g) section 4.5 (Approval of planning scheme amendment by 6
Governor in Council); or 7
(h) section 4.8 (Approval of rezoning of land in stages by Governor 8
in Council); or 9
(i) section 4.10 (Approval of subsequent staged rezonings by 10
Governor in Council). 11
`(2) An order in council to which this section applies is not subordinate 12
legislation. 13
`(3) However, the order in council must be notified in the Gazette. 14
`(4) Subsection (3) is sufficiently complied with if there is published in 15
the Gazette a notice of-- 16
(a) the making of the order in council; and 17
(b) a place or places where a copy of the order in council is open to 18
inspection; and 19
(c) a place or places where a copy of the order in council can be 20
obtained (by purchase or otherwise). 21
`(5) Publication in the Gazette of the order in council is also sufficient 22
compliance with subsection (3). 23
`(6) This section has effect despite section 10(b) of the Statutory 24
Instruments Act 1992.'. 25
of s.1A.2 (Notification, tabling, disallowance etc. of State 26
Amendment
planning policies) 27
Clause9. Section 1A.2 (at the end)-- 28
insert-- 29
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Local Government Legislation Amendment
(No. 2)
`(2) However, section 40 of the Statutory Instruments Act 1992 applies 1
to an order in council mentioned in subsection (1) as if the instrument were 2
not an exempt instrument for the purposes of the Legislative Standards Act 3
1992. 4
`(3) Subsection (2) has effect despite section 46 of the Statutory 5
Instruments Act 1992.'. 6
of s.5.6 (Parks) 7
Amendment
Clause10. Section 5.6 (at the end)-- 8
insert-- 9
`(7) If a local authority does not have a local planning policy for the 10
purposes of subsection (2) or (4), the area for the purposes of 11
subsection (2) or the amount for the purposes of subsection (4) is that 12
provided for in-- 13
(a) the local authority's planning scheme; or 14
(b) if the local authority does not have a planning scheme--a 15
subdivision of land by-law.'. 16
of s.8.7 (Delegation of certain powers) 17
Replacement
Section 8.7-- 18
Clause11.
omit, insert-- 19
20
`Delegation
`8.7. A local authority may, by resolution, delegate its powers under this 21
Act (other than a power that is required to be exercised by resolution) to-- 22
(a) the person who ordinarily presides at meetings of the Council; or 23
(b) an officer or employee of the local authority; or 24
(c) a board or committee consisting of some or all of the following-- 25
(i) Council members; 26
(ii) officers of the local authority; 27
(iii) employees of the local authority.'. 28
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Local Government Legislation Amendment
(No. 2)
of new ss.8.11 and 8.12 1
Insertion
Clause12. After section 8.10-- 2
insert-- 3
provision relating to parks 4
`Special
`8.11.(1) Section 5.6(7) of this Act is taken to have had effect from the 5
enactment of the Local Government (Planning and Environment) 6
Amendment Act 1992. 7
`(2) Subsection (1) does not apply to the conditions of approval of a 8
subdivision determined by a local authority or by the Court before the 9
commencement of this section if the conditions did not require-- 10
(a) an area of land to be provided for use as a park; or 11
(b) a monetary contribution to be paid to the local authority in 12
substitution for the provision of that area of land. 13
provision relating to tabling of orders in council 14
`Special
`8.12.(1) This section applies to an order in council-- 15
(a) to which section 1.5 applies; and 16
(b) that was made by the Governor in Council after the enactment of 17
the Local Government (Planning and Environment) Act 1992 but 18
before the commencement of this section. 19
`(2) If-- 20
(a) the order in council was required by section 43 of the Statutory 21
Instruments Act 1992 to be laid before the Legislative Assembly 22
before the commencement of this Act; but 23
(b) was not laid before the Legislative Assembly as required by the 24
section; 25
the order is, and always has been, as valid as it would be, and have been, if 26
the section had been complied with. 27
`(3) All acts and things done (whether before or after the commencement 28
of this section) in reliance on the order in council are taken to be, and always 29
to have been, as validly done as they would be, and have been, if the section 30
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Local Government Legislation Amendment
(No. 2)
had been complied with. 1
`(4) If subsection (2) does not apply to the order in council, it is not 2
required to be laid before the Legislative Assembly. 3
`(5) This section expires 1 year after it commences.'. 4
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Local Government Legislation Amendment
(No. 2)
CHEDULE 1
�S
MINOR AND CONSEQUENTIAL AMENDMENTS OF 2
LOCAL GOVERNMENT (PLANNING AND 3
ENVIRONMENT) ACT 1990 4
section 7 5
1. Section 1.4 (definition "access")-- 6
omit `, but does not include an access restriction strip'. 7
2. Section 1.4 (definition "elected representatives", paragraph (b))-- 8
omit, insert-- 9
`(b) if the area in which the allotment is situated is not divided into 10
divisions or electoral wards-- 11
(i) all Council members; or 12
(ii) the Council member or members nominated by the 13
Council's resolution for the purposes of the provision of this 14
Act in which the term is used;'. 15
3. Section 1.4 (definition "site contamination report")-- 16
omit `and prepared with respect to a proposal or an application made 17
under section 2.18, 4.3 or 4.6'. 18
4. Sections 2.15(11), 2.17(6), 2.18(11), 2.20(13), 2.21(5), 2.22(5), 4.5(13), 19
4.8(14), and 4.10(13)-- 20
omit. 21
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Local Government Legislation Amendment
(No. 2)
SCHEDULE (continued)
5. Section 5.8(1)-- 1
omit. 2
6. Section 5.8(5) (after `until any')-- 3
insert `recoverable but unpaid'. 4
7. Section 7.4(3)-- 5
omit all words after `from the determination', 6
insert `to the Court of Appeal.'. 7
8
� State of Queensland 1993
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