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Local Government Legislation Amendment Bill 1993
LOCAL GOVERNMENT
LEGISLATION AMENDMENT BILL
1993
EXPLANATORY NOTES
The Bill provides for amendments to the Local Government Act 1936
and the City of Brisbane Act 1924.
The amendments to the Local Government Act 1936 extend the powers
of the Governor in Council in relation to the implementation of
recommendations of the Local Government Commissioner on reviewable
local government matters. The amendments also clarify the contents which
can be included in references by the Minister to the Local Government
Commissioner for the review of local government matters. The
amendments also enable Local Authorities to lease land to providers of
public utility services without having to go to public tender.
The amendments to the City of Brisbane Act 1924 enable the Brisbane
City Council to assume responsibility of any bridge in or abutting the City
area.
Additional amendments have also been provided for in both Acts that
rationalise or update provisions or repeal outdated provisions.
Clause 1 sets out the short title of the Act.
AMENDMENT OF CITY OF BRISBANE ACT 1924
Clause 2 provides for amendment of the City of Brisbane Act 1924.
Clause 3 is a consequential amendment resulting from legislation
contained in the Local Government Act 1936 and from the amendment
contained in clause 13 relating to the definition of "reviewable local
government matter" and the implementation of reviewable local
government matters.
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Local Government Legislation Amendment Bill 1993
Presently, the Area of the City of Brisbane is prescribed by metes and
bounds description in a Schedule to the City of Brisbane Act 1924. Under
the Local Government Act 1936, the alteration of the external boundaries of
Brisbane City is a reviewable local government matter that can be referred
to the Local Government Commissioner for investigation and report and
recommendation.
Should it be desirable to alter the external boundaries of Brisbane City,
under the provisions in the Bill the boundaries of the City area could be
varied by a regulation made under the Local Government Act 1936. It is
therefore inappropriate to have boundaries defined in the City of Brisbane
Act 1924 which could be superseded from time to time by regulation made
under the Local Government Act 1936 and would subsequently require
updating amendments to the Schedule to the City of Brisbane Act 1924.
Clause 4 updates the existing provisions relating to the Brisbane City
Council constructing, managing and controlling bridges in or abutting the
City area. The provisions also enable the Council to assume responsibility
for any bridge which the Council did not construct.
At present, the legislation does not envisage the Council assuming
management and control of bridges which the Council did not construct.
The amendment removes this legislative barrier by extending the powers of
the Council so that it may assume responsibility for bridges in or abutting
the City area.
Clause 5 is a consequential amendment resulting from the amendment to
the Local Government Act 1936 contained in clause 13 relating to the
implementation of reviewable local government matters by regulation. In
this respect, section 129 of the City of Brisbane Act 1924 empowers the
Governor in Council by Order in Council to enlarge the City area by
external boundary alteration. These provisions of the City of Brisbane Act
1924 are being repealed as they conflict with the amendments to be
provided for in the Local Government Act 1936.
Clause 6 is a related amendment to that contained in clause 3 and is a
consequence of the provisions of the Local Government Act 1936 and of
clause 13 to this Bill relating to the implementation of reviewable local
government matters.
In this respect, it is considered inappropriate to retain a metes and bounds
description of the City area in a Schedule to the City of Brisbane Act 1924.
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Local Government Legislation Amendment Bill 1993
AMENDMENT OF LOCAL GOVERNMENT ACT 1936
Clause 7 provides for amendment of the Local Government Act 1936.
Clause 8 provides greater clarification to the meaning of the term
"reviewable local government matter".
In this respect, the legislation currently provides that the Local
Government Commissioner must examine, and report and make
recommendations to the Minister on any reviewable local government
matter or any other matter relating to local government, that is referred to
the Commissioner by the Minister.
As different obligations and powers are conferred on the Commissioner
when handling references on "reviewable local government matters" as
opposed to "other matters", it is essential that the meaning of the term
"reviewable local government matter" is clearly defined. The amendment
also adds flexibility to the legislation by enabling unforeseen circumstances
to be prescribed by regulation to be a "reviewable local government
matter".
Clause 9 clarifies the content which can be included in references made
by the Minister to the Local Government Commissioner. The current
legislation is expressed in general terms. In making references to the
Commissioner, the Minister may wish to be specific in respect of the
matters which require examination. The amendments therefore provide the
Minister with greater discretion in framing and qualifying a reference and at
the same time specifying to the Commissioner those matters which require
attention and those matters which need not be examined.
The amendments also rationalise the number of references which the
Minister would be required to make on a related matter by providing for
cases where one part of a reference may be contingent on the
recommendation the Commissioner proposes to make on another part of
the reference.
The amendments also allow the reference process to be more convenient
as a reference can include both reviewable and other local government
matters. The current legislation envisages that references are to be
compartmentalised into reviewable and other local government matters.
This rigidity has been removed and will no longer be necessary.
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Local Government Legislation Amendment Bill 1993
Clause 10 provides for a regulation making power in respect of issues
that the Commissioner must examine and report on if a recommendation is
proposed to be made to implement a reviewable local government matter.
Currently, a range of issues are specified in the legislation which the
Commissioner is obliged to report on, e.g. apportionment of assets and
liabilities if the boundaries between local authorities are to be varied, the
preservation of rates and charges, the application of by-laws and town
planning schemes.
Although the Governor in Council is not obliged to follow
recommendations of the Commissioner in this regard, it is important that
these types of issues are considered.
To add flexibility, the regulation making power will enable additional
matters to be prescribed and to be added to the list of matters already
included in the legislation on which the Commissioner is required to report.
Clause 11 is a consequential amendment as a result of the provisions
contained in clause 9 (in particular the new section 4H(3)). In effect, the
amendment updates the powers of inquiry of the Local Government
Commissioner to enable an inquiry to be held on a reference dealing with a
reviewable local government matter whether or not other local government
matters have been included in the reference.
Clause 12 removes a needless heading.
Clause 13 repeals the existing provisions which enable the
implementation of matters which are "reviewable local government
matters" in terms of the legislation.
The repealed provisions have been replaced with updated provisions that
are more appropriate in terms of empowering the Governor in Council to
implement "reviewable local government matters". In accordance with
current legislative practices it is also provided that a "reviewable local
government matter" may be implemented by regulation. The provisions
also specify the scope of matters on which a regulation can or cannot be
made.
Clause 14 is a consequential amendment resulting from the amendment
contained in clause 13. The amendment retains provisions relating to the
classification of a Local Authority Area as either a City, Town or Shire.
Also, certain statutory instruments made under the repealed provisions have
been saved and in accordance with current legislative practices, it is
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Local Government Legislation Amendment Bill 1993
provided that they may be repealed or amended in the future as if they were
regulations.
Clause 15 removes a needless heading.
Clause 16 is a consequential amendment which repeals provisions
relating to the Governor in Council directing the holding of a fresh election.
These provisions have become redundant as a result of the provisions
contained in clause 13 which enable a regulation for implementing a
reviewable local government matter to include provisions with respect to the
holding of a fresh election for an area or a division of an area.
Clause 17 provides for a consequential amendment which updates
cross-references in provisions in the existing legislation and also provides
for directions of the Governor in Council in relation to directing that a
triennial election for a local authority not be held in certain circumstances, to
be made by regulation rather than by order in council.
Clause 18 removes a needless heading.
Clause 19 provides local authorities with the discretion to lease land by
private contract or grant licences to occupy land to suppliers of public utility
services or suppliers declared by regulation to be providing public utility
services without having to go through the public tendering process.
This is a facilitating amendment which removes any doubt that local
authorities are not required to go to public tender when leasing Council
controlled land to or allowing occupation of such land by providers of
public utility services irrespective of whether they are public or private
entities.
© The State of Queensland 1993